Once you have signed up for Vivo Alert, it’s now time to add a member. You can add multiple members, including you and others you care for.

To add a member:

1) Sign into your Vivo Alert account.

2) Scroll down to see Member Sign Up. You should see the first tab asking for the First and Last name of the member.

Add Coverage

 

3) Add the First Name and Last Name of the member can click Next Step to add Emergency Contacts.

Add Emergency Contacts

4) Enter the First Name, Last Name and Cell Phone Number of the emergency contact. Then click the Add New Emergency Contact button. We recommend that you add 3 or more emergency contacts for each member.

5) Once you have added 3 or more emergency contacts click on Next Step to add First Response Message.

First Response Message

6) Enter up to 150 characters of information that you would want a first responder to know if they were helping the member in an emergency.  Click Next Step when finished to review that member’s information.

7) Verify the member information and then add shipping information so that we can send them their welcome packet.  Once the shipping address information is entered click Next Step to check out.

8) At the Check Out tab enter a coupon code if you have one and click Redeem Coupon. Once you have applied a coupon code or if you don’t have one click on the Place Order button.  This will take you to Paypal where you will complete the order for that member if there’s still a balance after applying the coupon code.

 

Vivo Alert is currently supported in the United States and Canada.

To contact support, please email us at support[at]vivoalert.com or fill out the email form at https://www.vivoalert.com/contact-us/

To opt out of being an emergency contact and receiving text messages from Vivo Alert, just reply STOP to the number on the text message you received. If you choose to opt out, please notify the person that added you as a contact so they can find another person to count on if they are in an emergency.

If someone has designated you as an emergency contact then that means they trust you to help them should they find themselves in an emergency.  Should the person that has designated you as an emergency contact end up in an emergency situation then it’s likely that someone who is helping them will see their Vivo ID and text it to the number provided.  In this case you will be sent a text that looks like the following.  It’s advised that you call the number in the text immediately to learn more and offer assistance.

rececmessae

If you send a Vivo Alert ID to the number provided you will receive a short bio that the person setup. We also will send a text message to each of their emergency contacts notifying them that they many be need assistance and include your phone number in the message so that they can contact you.

There are two reasons that you may have received a text message from Vivo Alert.

1) A person designated you as an emergency contact in Vivo Alert and you were sent a text message notifying you that you were chosen as an emergency contact and by whom.

2) As a designated emergency contact you were notified that the person who designated you was in an emergency and may need your assistance.  It’s advised that you call the number listed in the text to learn more.

Your bio will be sent via text message to the person that texts up your Vivo ID.  Since SMS messages are limited to 160 characters that is the limit we have set for the bio.

We will do our best to get you your welcome package as soon as we can, but please allow 3 to 4 weeks for delivery.

VivoAlert Terms of Service

  1. Your Acceptance

Welcome to the Terms of Service for the vivoalert.com website and any associated services. This is an agreement (“Agreement”) between Vivo Alert, LLC (“VivoAlert”), the owner and operator of www.vivoalert.com (the “Site”), any VivoAlert services (“Service(s)”) and you (“you”, “your” or “user(s)”), a user of the Site and Service.  Please be aware that this Agreement contains a CLASS ACTION and ARBITRATION PROVISIONS THAT MAY AFFECT YOUR RIGHTS.   Throughout this Agreement, the words “VivoAlert,”  “us,”  “we,” and “our,” refer to our company, Vivo Alert, LLC and our Site or any Services, as is appropriate in the context of the use of the words.
By clicking “I agree” or by using our Site or any Services you agree to be bound by this Agreement and the Privacy Policy.  We may amend our Terms of Service or Privacy Policy and will notify you when we do so.

If you do not agree to the Terms of Service or the Privacy Policy please cease using our Site and Service immediately.  Users of our Service must be 18 years of age or older.

  1. Description of Service

Vivo Alert connects users with their loved ones, medical and health professionals, and other parties that may be assisting during an emergency event. VivoAlert provides users with wearable IDs, which may include the VivoAlert keychain, stickers, wallet inserts, bracelets or other wearable identification (hereinafter “Wearable ID”) and phone numbers that Emergency Responders (defined below) may contact in the event that a VivoAlert user becomes incapacitated or unresponsive. When an Emergency Responder submits the unique ID or texts the number printed on the Wearable ID, the party will receive a text message with the user’s personal and health information.  Furthermore, VivoAlert will simultaneously send a text message to all of user’s emergency contacts listed within the VivoAlert Service.

  1. Wearable IDs and Your Personal Health Information

The Wearable ID’s provided by VivoAlert contain a unique ID number that may be texted through a mobile device to receive a user’s personal health information.  Please be aware that in the event of an emergency or if a VivoAlert user is unable to respond, professional emergency responders, third party bystanders, unrelated strangers, and any good Samaritans assisting the user (collectively “Emergency Responders”) may have access to the VivoAlert user’s personal health information.  You agree to release us from any liability related to the release of your personal and health information in conjunction with the VivoAlert Service. Additionally, you agree to release all Emergency Responders from any and all liability related to their use of your personal and health information through the VivoAlert Service.  We are not responsible for any use or abuse of the VivoAlert Service including non-emergency texts of the number listed on your Wearable ID.

  1. Disclaimer

VivoAlert and any associated Services are not emergency services, and your medical questions, concerns and requirements should be directed to your physicians or, if there is a medical emergency, to 911 or a local emergency-care facility or the local emergency-service number.  If you feel that you are having a medical emergency please contact 911 or your emergency health care first responder immediately.  In the event of a medical emergency do not delay care or treatment of your condition for any reason.

All content found on VivoAlert is intended for informational and educational purposes only. The VivoAlert content and Service is not intended to, and does not, constitute legal, professional, medical, or healthcare advice or diagnosis, and may not be used for such purposes.  You should not act or refrain from acting on the basis of any VivoAlert content included in or accessible through the Service without seeking the appropriate medical or other professional advice about your particular facts and circumstances.

VivoAlert cannot stress the importance of contacting a medical or health care professional if you believe that you or a loved one is having a health related issue or a medical emergency.  Any VivoAlert content is not intended as a substitute for the advice provided by your physician or other healthcare professional. You should always speak with your physician or other healthcare professional before adopting any treatment for a health problem. If you have or suspect that you have a medical problem, promptly contact your health care provider. Never disregard, avoid or delay in obtaining medical advice from your doctor or other qualified health care provider because of something you have read on the VivoAlert website.

  1. Information

In order to access portions of our website or to contact us you may be required to submit information to us.  We may collect personal information as disclosed by our Privacy Policy.  By signing up for a loved one you represent and warrant that you have received their explicit consent before submitting any of their information to us. Please be aware that we reserve the right to refuse service to you or any other users.

  1. Storage and Release of Information

When using VivoAlert you may be required to disclose personal or health information regarding yourself and your condition.  We intend to follow all laws regarding the use and storage of such information. Please be aware that we use industry standard security measures to maintain the security and safety of your information.  However, as no information is one-hundred percent secure online you agree to release us from any liability regarding the storage of your information.  Additionally, during your use of the Service you agree that your personal and health information may be released to any parties that you have listed within the Service, medical and healthcare professionals, and other parties who text VivoAlert through the unique ID provided on your VivoAlert bracelet.  For this reason and as a condition of you using the Service, you agree to release us from any liability with regards to the release of your personal and health information while using VivoAlert.

  1. Contacting Others

Through the Service, users may be able to share information regarding their health situation with person whose phone numbers you submit to the VivoAlert Service.  You expressly authorize us to contact these persons in the event that the Service is activated.   Additionally, you represent and warrant that you have received their permission to submit their contact information.

  1. Signing Up for the VivoAlert Service

You may sign up yourself or a loved one for the VivoAlert Service.  If you sign up another individual for the VivoAlert Service, please first receive their permission.  Additionally, if you are signing up another individual, you agree that we may contact that person to determine whether that person wishes to use the VivoAlert Service.  Once consent has been received, users may then begin using the Service.  By signing up a third party to our Service you represent and warrant that you have received their express permission before initiating such a sign-up. Additionally, you agree to indemnify us from any claims related to the sign-up of that third party.  Furthermore, if you are an adult signing up your child or a minor for the Service, you represent and warrant that you are the legal guardian of the child or minor and have the legal authority to sign-up the child or minor for the Service.

  1. Modification of Service

We reserve the right to alter, update, or remove our Service at any time.  We may conduct such modifications to our Service for security reasons, intellectual property or other legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications.  For example, we may provide updates to fix security flaws, or respond to legal demands.  Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Service for security, legal or other purposes.

  1. Use of VivoAlert

When using our Service, you are responsible for your use of VivoAlert, and for any use of VivoAlert made using your account. You also agree that your use of VivoAlert is for personal non-commercial use. You agree not to access, copy, or otherwise use VivoAlert, including our intellectual property and trademarks, except as authorized by these Terms of Service or as otherwise authorized in writing by VivoAlert. You agree not to use VivoAlert to:

  • You will not copy, distribute or disclose any part of the Site or the Service in any medium, including without limitation by any automated or non-automated “scraping”;
  • You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site or Service;
  • You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
  • You will not collect or harvest any personally identifiable information, including account names, from the Service;
  • You agree not to stalk, harass, bully or harm another individual who uses our Site or Service;
  • You agree not to impersonate any person or entity or misrepresent your affiliation with a person or entity;
  • You agree that you will not hold VivoAlert responsible for your use of our Site;
  • You agree not to violate any requirements, procedures, policies or regulations of networks connected to VivoAlert;
  • You agree not to interfere with or disrupt the Site or Service;
  • You agree not to hack, spam or phish us or other users;
  • You agree to provide truthful and accurate content;
  • You agree to not violate any law or regulation and you solely are responsible for such violations;
  • You will not use our Site to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, fraudulent content;
  • You agree not to cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of our Site, including the de-indexing or de-caching of any portion of our Site from a thirty party’s website, such as by requesting its removal from a search engine;
  • You will not upload any content to our Site that includes any third party intellectual property unless you have permission from the owner to use it in the specific manner that you used it.

If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Service may at our discretion be terminated or suspended.  Generally, we will provide an explanation for any suspension or termination of your use of any of our Services, but VivoAlert reserves the right to suspend or terminate any account at any time without notice or explanation.

  1. Our License Grant to You

We make our Service available to you through our Site.  When you use our Service, we grant you a, personal, non-exclusive, revocable, limited license to use our Service and to access our Site. This means you may not resell our Service anywhere else, share your license to use our Service with anyone else, reverse engineer, decompile, modify or otherwise attempt to copy our Service.

This license may be terminated if you violate any provisions listed in this Agreement or our Privacy Policy.  Additionally, this license may be terminated if you are engaged in any activities that may damage the rights of VivoAlert or if your activities are in violation of any applicable laws.  If you wish to terminate this license please simply stop using our Service or notify us.

  1. Site and Service Availability

We do not guarantee that the Site or any Services will always be available, work, or be accessible at any particular time.  Only users who are eligible to use our Site or Service may do so. We reserve the right to terminate access for anyone.

  1. Payment

When using some portions of our Site and Service, you will be required to submit some of your payment information including your credit card information.  Please carefully read any details regarding our Services before purchasing.  YOU EXPRESSLY AGREE THAT WE MAY CHARGE YOU THE AMOUNT LISTED AT THE VIVOALERT CHECKOUT SCREEN.  Please be aware that your payment information will be shared with our third party payment processors who will also secure and store that information.

  1. Ordering and Shipment of Wearable IDs

When using our Service, it will be necessary for you to choose and order a Wearable ID.  We offer a full selection of different Wearable IDs; however, we cannot guarantee that we will have all Wearable ID products in stock when you order your Wearable ID.  Please be aware that our wearable IDs may vary in shape and design from the photos or content posted on our Site.  Such photos and content are to be used for illustrative purposes only. Once you have ordered a Wearable ID, we will ship your personalized Wearable ID to you.  Please allow for regular business shipping (est. 5-10 business days).  If you have not received your Wearable ID within that time period, please contact us at info@vivoalert.com.

  1. Cancellation and Refunds

At VivoAlert we want you and your loved ones to be satisfied with our Service.  Therefore, you may cancel at any time without penalty.  Additionally, in the event of cancellation we will offer you a pro-rated refund for any Services that have been unused at the time of cancellation.  If you wish to cancel the Service or have any questions about refunds, please contact us at info@VivoAlert.com.

  1. User Content

Your ability to submit or transmit any information through the Site and Service, including but not limited to text, information, images or any other information will be referred to as “User Content” throughout this Agreement. We are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content or may delete your User Content at any time. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted.  You understand that we cannot guarantee the absolute safety and security of any such User Content and may at our discretion remove, modify, or delete any User Content owned by you that is stored on our Site or Service.

When submitting any User Content to our Site and Service you represent and warrant that you own all rights to the User Content or otherwise have permission to use any User Content submitted.

When you submit any User Content to us, you grant VivoAlert and its affiliates, users, representatives and assigns a non-exclusive, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and transmit User Content to facilitate the Services provided to you. Additionally, although you own all User Content submitted by you, we own all layouts, arrangement, metadata and images that are used to render your User Content through our Service.

As between the parties, Client is the owner of all User Content; provided, however, that nothing herein shall prevent VivoAlert from using or disclosing such Client Data as may be required by law, or as otherwise permitted in this Agreement or any other agreements between us. Without limiting the foregoing, VivoAlert may use and disclose protected health information to create de-identified health information. As between the parties, we own any de-identified health information and any data set that aggregates User Content with client data from our other users.

  1. Representations and Warranties

THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER VIVO ALERT, LLC NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) ANY USER CONTENT; (C) OUR CONTENT; OR (D) SECURITY AND RELIABILITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO VIVOALERT OR VIA THE SERVICE. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

VIVOALERT DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. VIVOALERT DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE ARE ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. VIVOALERT DOES NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND VIVOALERT SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THIS AGREEMENT. BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. VIVOALERT DOES NOT ENDORSE ANY CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT FOUND ON OR THROUGH VIVOALERT.

  1. Limitation of Liability

IN NO EVENT SHALL VIVOALERT,  ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (I) YOUR USE OR INABILITY TO USE THE  WEBSITE OR OUR SERVICES OR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE OR SERVICE, (III) ANY INTERRUPTION,MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR APP TO YOU, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, (V) ANY FAILURE OF ANY THIRD PARTY INFORMATION LISTED ON OUR SITE AND SERVICE, INCLUDING ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL , (VI) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS OR (VII) ANY ERRORS OR OMISSIONS IN OUR SITE  OR SERVICE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OUR SITE  OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law.  Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

 

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES.  FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”  YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE.  YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.  VIVOALERT IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. YOUR ABILITY TO USE OUR APP IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT.  WHERE ALLOWED, YOU AGREE OUR TOTAL LIABILITY TO YOU IS NOT MORE THAN 100 USD OR THE TOTAL AMOUNT YOU PAID FOR SERVICES WHICHEVER IS GREATER.

  1. Class Action Waiver

You and VivoAlert agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis.  You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.

  1. Indemnity

You agree to defend, indemnify and hold harmless Vivo Alert, LLC its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

  • your use of and access to the VivoAlert Site and Service;
  • your violation of any term of these Terms of Service;
  • your violation of any third party right, including without limitation any copyright, property, or privacy right; or
  • any claims that your actions while using the Service harmed a third party.

This defense and indemnification obligation will survive this Agreement and your use of the VivoAlert Service. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases.  You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements.  In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.

  1. Age Compliance

VivoAlert and its Services may only be used by persons 18 years and older.  If you are under 18 please stop using our Site and Service and please do not submit any information to us.

  1. Arbitration

Any dispute relating in any way to your visit to the Site or use of our Services shall be submitted to confidential arbitration in Natrona County, WY, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Texas. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Wyoming. Arbitration under these Terms of Use shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned. In the event that the law does not permit the abovementioned dispute to be resolved through arbitration, you agree that any actions shall be brought solely in a court of competent jurisdiction located within Natrona County, WY. The prevailing party in any such action shall be entitled to their reasonable attorneys’ fees and costs.

  1. Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

  1. Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement are deemed to conflict with each other’s operation, VivoAlert shall have the sole right to elect which provision remains in force.  This Agreement is deemed to be the entire Agreement between you and VivoAlert.

  1. Non-Waiver

We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law.  Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

  1. Termination of Your Service

If we determine that any of your actions may harm VivoAlert, we may terminate or suspend your account, or our Service without notice, though we will strive to provide a timely explanation in most cases.   Please be aware that if we terminate service, you must cease using our Site and pay to us all outstanding amounts owed. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.  You agree that we are not required to provide you with access to our Site and Service and may terminate our Site and Service at any time and for any reason.

  1. Assignment

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent.  We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

  1. Amendments

We may amend this Agreement from time to time.  When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you.  You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our Service.

  1. Electronic Communications

The communications between you and VivoAlert use electronic means, whether you visit the Site or Service or send VivoAlert e-mails, or whether VivoAlert posts notices on the Site or Service or communications with you via e-mail.  For contractual purposes, you (1) consent to receive communications from VivoAlert in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that VivoAlert provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.  The foregoing does not affect your statutory rights.

  1. California Users and Residents

Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about VivoAlert must be sent to our agent for notice to:  info@VivoAlert.com

Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

 

Last Updated: 9/11/2014

VIVO ALERT PRIVACY POLICY

  1. Introduction

Welcome to the VivoAlert.com website (“Site”) and, if applicable, choosing to use our service (“Service”) At VivoAlert (“VivoAlert”), we try to make our Privacy Policy easy to understand so that you are informed as to how we use your information.  This Privacy Policy, like our Terms of Service, is an integral part of using our Service; therefore you must completely agree to our Privacy Policy in order to use our Site or Service.  You must be over the age of 18 to use our Site or Service.

  1. Information Collected

Personally Identifiable Information Submitted by You

You will not be required to provide us any information when you visit our Site.  However, in order to access portions of our Site or to use our Service, you may be required to provide your name, email, address, telephone number and date of birth. We may also collect personal health information from you regarding your medical and physical condition. Please be aware that we may also collect your credit card information for payment.  The credit card information collected will be processed and stored by our third party payment processors.

Personally Identifiable Information Submitted by Third Parties

If you wish to sign up another individual for VivoAlert, please receive their express permission before doing so.  Please be aware that VivoAlert will contact these individuals to ensure that they consent to use the Services provided by us.  When submitting information of another individual, you will be required to provide their name, email, address, telephone number and date of birth.  Additionally, payment information may be required and disclosed as stated above.

Non-Identifying Information

Whenever you use our Site or Service, we may collect non-identifying information from you, such as your IP address, interactions with the Site and Service, query information, location, referring URL, browser, operating system, cookie information, usage, data transferred, and Internet Service Provider.  Additionally, we may collect information regarding your usage and interaction with our Site. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party such as your wireless provider, this information alone cannot usually be used to identify you.

  1. Privacy Statement for Electronic Personal Health Information

VivoAlert is committed to protecting the privacy and security of all personal information that we process. This notice explains our practices with regard to the protected health information we receive. We will collect and process protected health information only as required or permitted by applicable laws, including the Health Insurance Portability and Accountability Act (HIPAA). VivoAlert will at all times maintain reasonable and appropriate security controls to protect the information as required. If you have questions about privacy or security, please contact us at support@VivoAlert.com.

  1. Push Notifications

Through the functionality of our Service, you may be able to receive push or text notifications through the phone numbers that you have provided.  You agree to receive such notifications as a condition to using our Service.  Additionally, you expressly agree that we may text any phone numbers that you provide to us when you sign up for the Service.  Standard data and messaging rates may apply.

 

  1. Use of Your Information

We will never sell or transfer any personally identifiable information to third parties without your consent. However, you agree that we may use your information:

  • To enhance or improve our users’ experiences.
  • To provide our Service to you.
  • To understand how you use our Site.
  • To contact you and to respond to inquiries.
  • To contact other individuals whom you have signed up to use the Service.

Additionally, we may give your information to law enforcement if we are compelled to by a court order, if there has been a violation of any US or state laws or if a violation of the Terms of Service or Privacy Policy has occurred.

  1. Sharing of Your Information To Third Party Emergency Responders

The VivoAlert Service is intended to assist users in an emergency situation where they are incapacitated or unresponsive.  At any time, if the number on a VivoAlert Wearable ID is texted, the Service will share the voluntarily submitted personal and health information of the user to the party texting the Wearable ID number and also to parties listed as contacts in the VivoAlert database.

  1. Contacting You or Loved One by Phone

If you decide to submit your information to us to use our Service, we may contact you by phone.  If you submit information for a loved one, family member, or other third party you give us permission to contact them by phone to ensure that they wish to use the VivoAlert Service.

  1. Accessing, Editing, and Removing Your Information

If you have any questions or wish to review, change, or access any of your information collected by us contact us at info@VivoAlert.com.  Once you submit any information to us, you will be unable to opt out of our data collection practices.  If you have any questions or wish for your information to be removed please contact us. Please be aware that removal of your information may cause your account to become inaccessible.  Also you agree that we may keep inaccessible copies of your information in our internal systems after removal for legal and internal purposes for a commercially reasonable period of time.

  1. Cookies and Do Not Track Listings

Cookies are little bits of code that help identify you when you visit our Site.  We currently use cookies to understand your interactions with the Site, to remember you and your shopping cart and to understand the advertisements you have viewed on our Site or Service.  We currently do not subscribe or use any do not track listings.

  1. Third Party Access to Your Information

Although you are entering into an Agreement with VivoAlert to disclose your information to us, we do use third party individuals and organizations to assist us, including contractors, web hosts, and others such as Google Analytics.

Throughout the course of our provision of our Services to you, we may delegate our authority to collect, access, use, and disseminate your information.  It is therefore necessary that you grant the third parties we may use in the course of our business the same rights that you afford us under this Privacy Policy.  For this reason, you hereby agree that for every authorization which you grant to us in this Privacy Policy, you also grant to any third party that we may hire, contract, or otherwise retain the services of for the purpose of operating, maintaining, repairing, or otherwise improving or preserving our website or its underlying files or systems.  You agree not to hold us liable for the actions of any of these third parties, even if we would normally be held vicariously liable for their actions, and that you must take legal action against them directly should they commit any tort or other actionable wrong against you.

Without limiting the generality of the foregoing, you authorize us to use third party services for the purposes of information collection, providing Service to you, and for use in business and data analytics.

 

  1. Law Enforcement

You agree that we may disclose your information to authorities if compelled to by a court order.  Additionally, you agree that we may disclose your information if we reasonably believe that you have violated US law or the terms of our Terms of Service or Privacy Policy or if we believe that a third party is at risk of bodily harm.   In the event that we receive a subpoena affecting your privacy, we may elect to notify you to give you an opportunity to file a motion to quash the subpoena, or we may attempt to quash it ourselves, but we are not obligated to do either.  We may also proactively report you and release your information without receiving any request to third parties where we believe that it is proper to do so for legal reasons, such as instances where we believe your publications violate any law of the United States or any other country having jurisdiction over us, our Site, Services, or our Terms of Service.  You release us from any damages that may arise from or relate to the release of your information to a request from law enforcement agencies or private litigants.  We may release your information under the conditions listed in this paragraph whether it is to individuals or entities and to any state or national authorities, as required.

  1. Commercial and Non-Commercial Communications

If you decide to provide us with your contact information, please be aware that we may email you or otherwise contact you by phone.  If you wish, you may unsubscribe from certain communications by notifying VivoAlert that you no longer wish to receive these communications.  Once notified, we will endeavour to remove you from our database.  If you wish to opt out of certain communications, please contact us at info@VivoAlert.com.

  1. Third Parties

VivoAlert may post links to third party websites on our Site or Service, which may include information that we have no control over.  When accessing a third party site through our Site or Service, you acknowledge that you are aware that these third party websites are not screened for privacy or security issues by us, and you release us from any liability for the conduct of these third party websites.

Please be aware that this Privacy Policy, and any other policies in place, in addition to any amendments, does not create rights enforceable by third parties.  VivoAlert bears no responsibility for the information collected or used by any advertiser or third party website. You must review their Terms of Service and Privacy to understand how their information collection practices work.

  1. Security Measures

We take reasonable attempts to protect your information by using SSL certificates.  However, as this is the Internet, we can make no guarantees as to the security or privacy of your information through our Site.  For this reason, we recommend that you use anti-virus software, routine credit checks, firewalls, and other precautions to protect yourself from security and privacy threats.

  1. Age Compliance

We intend to fully comply with US laws respecting children’s privacy.  Therefore, we do not collect or process any information for any persons under the age of 18.  If you are under 18 and using our Site or Service, please stop immediately and do not submit any information to us.

  1. International Transfer

Your information may be transferred to – and maintained on – computers located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction.  We may transfer personal information to the US or elsewhere and process it there.  Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

  1. Your California Privacy Rights

VivoAlert permits residents of the State of California to use its Service, and complies with the California Business and Professions Code §§ 22575-22579.  If you are a California resident you may request certain information regarding our disclosure of personal information to any third parties for their direct marketing purposes.  Various provisions throughout this Privacy Policy address requirements of the Californian privacy statutes. Although we do not disseminate your information to third parties without permission, you must presume that we collect electronic information from all visitors. You may contact us with any questions.

  1. Amendments

Like our Terms of Service, we may amend this Privacy Policy from time to time.  When we amend this Privacy Policy, we will place a note on our Site or we may contact you.  You must agree to the amendments as a condition of your continued use of our Site and Service.  If you do not agree, you must immediately cease using our Site and Service and notify us of your refusal to agree by e-mailing us at the address listed on our website.

Last Modified: September 12,