Last Updated Date: June 23, 2023
THE SERVICES ARE NOT INTENDED FOR EMERGENCY USE. IF YOU ARE EXPERIENCING A MEDICAL OR MENTAL HEALTH EMERGENCY, YOU SHOULD IMMEDIATELY CALL “911” OR GO TO THE NEAREST OPEN CLINIC OR EMERGENCY ROOM.
Vivante may modify the Agreement at any time, in its discretion, by publishing an updated version of the Agreement. Any changes to the Agreement will be effective immediately upon posting of the changed Agreement on the Website, Platform, or Application. We recommend that you periodically review these terms and conditions. Your continued use of the Services following any such change constitutes your agreement to follow and be bound by this Agreement as amended.
- Digestive Health and GI Services. Our Services include resources and services to assist in improving digestive health, including providing lifestyle and nutrition advice, monitoring and individualized assistance (“GIThrive Services”). Our GIThrive Services include interactions between you and our coaches and dietitians (“Our Team”) through different means, including the Remote Platform (defined below). Your interactions with Our Team are not intended to offer or serve as a substitute for professional medical or mental health services, except with regard to the nutritional advice provided by our certified dietitians. While our GIThrive Services will provide access to certain digestive health information and help you communicate with Our Team, we make no representation or warranty whatsoever as to (1) the accuracy of the information provided pursuant to the Services; or (2) whether you will find the GIThrive Services, including coaching, relevant, useful, correct, satisfactory or suitable to your needs. Please consult your physician or other qualified healthcare provider before using the GIThrive Services. Our Services also include consultations by licensed physicians and advanced practice providers (“GI Professionals”) which are provided by a professional entity in a telehealth format (“GI Professional Services”). While Vivante obtains contractual guarantees that the GI Professionals are credentialed as having appropriate education, training, licensure, and board certification as necessary, the GI Professionals practice within their scope of practice, individual license, and Vivante is not responsible or liable for the professional care provided by the GI Professionals.
- Disclaimer Regarding GIThrive Services. YOU ACKNOWLEDGE THAT SOME OF THE CONTENT THAT IS PROVIDED THROUGH THE GITHRIVE SERVICES MAY BE PROVIDED BY INDIVIDUALS IN THE MEDICAL OR LICENSED MENTAL HEALTH PROFESSIONS, HOWEVER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PROVISION OF SUCH INFORMATION DOES NOT CREATE A PROFESSIONAL/PATIENT RELATIONSHIP, AND, EXCEPT WITH RESPECT TO MEDICAL NUTRITIONAL THERAPY, DOES NOT CONSTITUTE AN OPINION, PROFESSIONAL ADVICE OR DIAGNOSIS OR TREATMENT OF ANY PARTICULAR CONDITION. YOUR INTERACTIONS WITH OUR TEAM THROUGH THE OFFERINGS ARE NOT INTENDED TO BE A SUBSTITUTE FOR ANY OTHER HEALTH CARE PROVIDER ADVICE, DIAGNOSIS, OR TREATMENT.
- User’s Sole Responsibility for Health & Healthcare Providers. It is your responsibility to seek the advice of a physician or other qualified health care provider for your medical and mental health needs. Under no circumstances can the GIThrive Services replace medical or mental health services rendered by your healthcare provider or by the GI Professionals. You should not change your treatment or plan of care, medication or therapy based on information you received through the GIThrive Services. Never disregard, avoid, or delay obtaining medical advice from a qualified healthcare provider or GI Professionals because of information from our GIThrive Services. If you receive advice from a qualified healthcare provider that conflicts with anything contained in our GIThrive Services, you should adhere to the advice from the qualified healthcare provider and consult them before continuing use of our GIThrive Services.
The GIThrive Services, Remote Platform (as defined below), and related personnel may give you access to or, as applicable, recommend outside health care providers (collectively, “Partner Providers”), including, as applicable, personnel who are able to provide advice directly or through the Remote Platform (as defined below) and third party physicians to which you are referred by us or our partners. Any referral to a Partner Provider may be dependent on the relationships and agreements maintained by your health plans or employers. Such Partner Providers are not employees, representatives or agents of Vivante, and it is your responsibility to determine the right Partner Provider or external provider for you. You are responsible for selecting and agreeing to the Partner Providers or external providers that you see fit. If you decide to engage with such Partner Providers, you will have a direct relationship with them and Vivante is not responsible for, and shall not be held liable for, their advice, any aspect of their treatment or payment for services the Partner Providers provide you and you are responsible for any payments that may be required.
REMOTE CONNECTIVITY FEATURES.
- Remote Platform. Our Services may include interactive audio and video technology that allows you to connect with independent third-party Partner Providers, Our Team, or the GI Professionals, where you and such individuals are not in the same physical location (the “Remote Platform”).
Regarding your interaction with Partner Providers, Vivante’s role is limited to offering you the convenience of interacting with such healthcare providers using the Remote Platform. In any event, such relationships are not intended to replace a primary care physician relationship, primary outpatient therapist, or be your permanent healthcare solution. You should seek emergency help or follow-up care when recommended by Our Team, the GI Professionals, your Partner Provider or when otherwise needed.
- Remote Platform Disclosures. Please note that while the Remote Platform can improve the convenience and accessibility of communicating with Partner Providers, Our Team, and the GI Professionals, there are potential risks associated with its use. These risks include, but may not be limited to:
- Internet connectivity may not be sufficient to allow for appropriate communication with the Partner Providers, Our Team, or GI Professionals;
- Individuals not in the session may view and/or hear your session information by eavesdropping, leading to breaches in confidentiality; and
- Failures of the electronic equipment or video conferencing could cause delays in the session, evaluation or treatment.
Although we incorporate network and software security protocols that are designed to protect the privacy and security of health information, in some instances, security protocols could fail, causing a breach of privacy of personal health information.
By accepting this Agreement and deciding to engage the Remote Platform, you acknowledge and agree that you are aware of these limitations and agree to assume the risk of these limitations. Furthermore, you agree and accept that:
- The health care services are not intended to replace a full medical evaluation or an in-person visit with a health care provider
- Our Team, the GI Professionals, and/or Partner Providers, acting through the Remote Platform, may not have important information that is usually obtained through a “hands-on” physical examination;
- The absence of a physical or in-person examination may affect the GI Professionals’ or a Partner Providers’ ability to diagnose any potential condition, disease or injury;
- You understand that you may expect the anticipated benefits from the use of telehealth in your care, but that no results can be guaranteed or assured;
- Our Team, GI Professionals, or Partner Providers may determine that the Remote Platform is not appropriate for some or all of your treatment needs, and accordingly may elect not to provide health care services to you through the Remote Platform.
If you do not accept and agree to be bound by this consent to the Remote Platform, you are not authorized to access or otherwise use the Remote Platform.
USE OF THE SERVICES AND VIVANTE OFFERINGS
The Services, and the information and content available through them (as these terms are defined herein) (each, a “Vivante Offering” and collectively, the “Vivante Offerings”) are protected by copyright laws and other intellectual property rights throughout the world. Subject to the Agreement, Vivante grants you a limited license to use and reproduce portions of Vivante Offerings that pertain to your account for the sole purpose of using the Services for your personal purposes. Unless otherwise specified by Vivante in a separate license, your right to use any and all Vivante Offerings is subject to the Agreement.
- Application License. Subject to your compliance with the Agreement, Vivante grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use the Application on electronic devices that you own or control and to run such copy of the Application solely for your own internal personal purposes. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store or the Google Play store, you may only use such Applications in compliance with the applicable terms on these platforms.
- Updates. You understand that Vivante Offerings are evolving. As a result, Vivante may require you to accept updates to Vivante Offerings that you have installed on your computer or mobile device. You acknowledge and agree that Vivante may update Vivante Offerings with or without notifying you. You may need to update third-party software from time to time in order to use Vivante Offerings.
- Certain Restrictions. The rights granted to you in the Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Vivante Offerings or any portion of Vivante Offerings, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Vivante Offerings (including images, text, page layout or form); (c) you shall not use any metatags or other “hidden text” using Vivante’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Vivante Offerings except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access Vivante Offerings in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of Vivante Offerings may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in Vivante Offerings. Any future release, update or other addition to Vivante Offerings shall be subject to the Agreement. Vivante, its suppliers and service providers reserve all rights not granted in the Agreement. Any unauthorized use of any Vivante Offering terminates the licenses granted by Vivante pursuant to the Agreement.
- Vivante Communications. By entering into this Agreement or using the Vivante Offerings, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from us may include, but are not limited to, (a) operational communications concerning your Account, or disclosures, notices, messages, reports, and other communications regarding our Services (“Care Communications”), and (b) marketing and promotional communications pertaining to the services your receive from Vivante. Standard text messaging charges applied by your cell phone carrier will apply to text messages that we send. IF YOU WISH TO OPT OUT OF EMAILS, IN-APP NOTIFICATIONS, CALLS OR TEXTS, PLEASE CONTACT US AT [email protected] OR FOLLOW THE PROMPT TO OPT-OUT PROVIDED IN THE COMMUNICATION YOU RECEIVE FROM VIVANTE. YOU MAY NOT OPT OUT OF COMMUNICATIONS THAT ARE PART OF OUR SERVICES.
- Registering Your Account. In order to access certain features of Vivante Offerings you are required to become a Registered User. For purposes of the Agreement, a “Registered User” is a user who has registered an account on the Website, Platform, or Application (“Account”).
- Registration Data. In registering an Account, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (a) at least eighteen (18) years old; (b) of legal age to form a binding contract; and (c) not a person barred from using Vivante Offerings under the laws of the United States, your place of residence or any other applicable jurisdiction, or otherwise whose use of the Vivante Offerings was terminated by Vivante. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of Vivante Offerings by minors. You may not share your Account or password with anyone, and you agree to (y) notify Vivante immediately of any unauthorized use of your password or any other breach of security; and (z) exit from your Account at the end of each session. You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself (unless you are legally authorized to do so). You agree that you shall not have more than one Account at any given time.
- Necessary Equipment and Software. You must provide all equipment and software necessary to connect to Vivante Offerings, including but not limited to, an electronic device that is suitable to connect with and use Vivante Offerings, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing Vivante Offerings.
RESPONSIBILITY FOR CONTENT; YOUR CONTENT
You acknowledge that all information, data, text, photographs, graphics, video, messages, tags and/or other materials accessible through Vivante Offerings (collectively, “Content”), including Vivante Offerings, is the sole responsibility of the party from whom such Content originated. This means that you, and not Vivante, are entirely responsible for all Content that you provide to Vivante on or through the Services, whether by direct entry, submission, email or otherwise (“Your Content”), including, but not limited to, data, questions, comments, or suggestions.
- Vivante Offerings and Trademarks. You agree that Vivante and its suppliers own all rights, title and interest in Vivante Offerings (including but not limited to, any videos, audio files, portable documents, titles, computer code, themes, objects, dialogue, artwork, animations, sounds, audiovisual effects, methods of operation, chat transcripts, documentation, and software). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any Vivante Offerings. Vivante, GIThrive, and all related graphics, logos, service marks and trade names used on or in connection with any Vivante Offerings or in connection with the Services are the trademarks of Vivante or its licensors and may not be used without permission in connection with your or any third-party products or services. Other trademarks, service marks and trade names that may appear on or in Vivante Offerings are the property of their respective owners. You agree that you have no right, title, or interest in or to any Content that appears on or in Vivante Offerings.
- Feedback. Any ideas, suggestions, documents, and/or proposals submitted to Vivante through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) and any derivative work from such Feedback shall be owned by Vivante.
Prohibited Actions. As a condition of use, you agree not to use Vivante Offerings for any purpose that is prohibited by this Agreement or by applicable law. You shall not (and shall not permit any third party) either take any action that: (i) infringes any other party’s rights; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) impersonates any person or entity, including any employee or representative of Vivante; (iv) interferes with or attempt to interfere with the proper functioning of Vivante Offerings or uses Vivante Offerings in any way not expressly permitted by this Agreement; or (v) attempts to engage in or engage in, any potentially harmful acts that are directed against Vivante Offerings.
Monitoring and Enforcement. Vivante reserves the right to: (a) take any action with respect to any of your Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Content violates this Agreement, infringes any property right or other right of any person or entity, threatens the personal safety of users of the Vivante Offerings or the public, or could create liability for Vivante; and/or (b) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Vivante Offerings.
Vivante Offerings may contain third-party-owned content (e.g., articles, data feeds, abstracts, etc.) and may also include hypertext links to third-party-owned websites. We provide such third-party content and links as a courtesy to our users. We have no control over any third-party owned web sites or content referenced, accessed by or available through the Services and, therefore, we do not endorse, sponsor, recommend or otherwise accept any responsibility for such third party web sites or content or for the availability of such web sites.
- Access Through Employers or Insurance Companies. Our Services may be available to you through your employer, as an employer sponsored benefit, or through your health care insurance, as a health care policy benefit (collectively “Benefits”). If that is the case, your employer or health insurance may be paying our Services’ fees for making the Services available to you. If your health insurance is paying our Services’ fees, you may remain subject to out-of-pocket costs or fees, including copayments, co-insurance, and deductible obligations, for additional services provided. If you lose your Benefits, we may terminate the Services as set forth herein or we may choose to offer you the ability to enroll in Direct Access to the Services as described below. If you elect to access or use Services or features subject to fees, you agree to pay all applicable fees as described in those Services.
- Direct Access. We may decide to make our Services available to individuals outside the scope of Benefits (“Direct Access”), in which case you will be directly responsible for paying the fees for our Services, and agree to do so. We may not offer our Services via Direct Access, in which case all Services shall terminate when the agreement between Vivante and the health plan or your employer, with respect to the Services, is terminated.
You agree to indemnify, release, and hold Vivante and each of its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors, as well as the third-party professional corporations and GI Professionals (each, a “Vivante Party” and collectively, the “Vivante Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (a) Your Content; (b) your use of, or inability to use, any Vivante Offering; (c) your violation of the Agreement; or (d) your violation of any applicable laws, rules or regulations. Vivante reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Vivante Parties in asserting any available defenses. This provision does not require you to indemnify any of the Vivante Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website, Application, Platform, or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Agreement and/or your access to Vivante Offerings.
DISCLAIMER OF WARRANTIES AND CONDITIONS.
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF VIVANTE OFFERINGS IS AT YOUR SOLE RISK, AND VIVANTE OFFERINGS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. VIVANTE PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, VIVANTE PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) VIVANTE OFFERINGS WILL MEET YOUR REQUIREMENTS OR OTHERWISE BE EFFECTIVE; (2) YOUR USE OF VIVANTE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE INFORMATION THAT MAY BE OBTAINED FROM USE OF VIVANTE OFFERINGS WILL BE ACCURATE OR RELIABLE.
- THE CONTENT AND INFORMATION PROVIDED ON THE VIVANTE OFFERINGS ARE DESIGNED FOR INFORMATIONAL PURPOSES ONLY. WITH THE EXCEPTION OF NUTRITIONAL ADVICE GIVEN BY OUR LICENSED OR CERTIFIED DIETITIANS AND THE CONSULTATIONS BY THE GI PROFESSIONALS, VIVANTE OFFERINGS DO NOT PROVIDE OR FACILITATE MEDICAL OR MENTAL HEALTH ADVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM VIVANTE OR THROUGH VIVANTE OFFERINGS WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
- THE GI PROFESSIONALS PRACTICE MEDICINE WITHIN THEIR INDIVIDUAL LICENSE, AND VIVANTE IS NOT RESPONSIBLE OR LIABLE FOR THE PROFESSIONAL CARE PROVIDED BY THE GI PROFESSIONALS.
- YOU ACKNOWLEDGE AND AGREE THAT VIVANTE PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD VIVANTE PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING THIRD PARTY NURSES, OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF BODILY HARM OR ECONOMIC DAMAGES FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
LIMITATION OF LIABILITY.
- Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL VIVANTE PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT VIVANTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE VIVANTE OFFERINGS; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH VIVANTE OFFERINGS; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON VIVANTE OFFERINGS; OR (5) ANY OTHER MATTER RELATED TO VIVANTE OFFERINGS, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A VIVANTE PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A VIVANTE PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A VIVANTE PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION. VIVANTE IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU MAY OBTAIN THROUGH THE SERVICES.
- Cap on Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, UNDER NO CIRCUMSTANCES WILL VIVANTE PARTIES BE LIABLE TO YOU FOR MORE THAN THE TOTAL AMOUNT PAID TO VIVANTE BY YOU OR ON YOUR BEHALF (BY YOUR EMPLOYER OR HEALTH INSURANCE PLAN) FOR THE SERVICES PROVIDED TO YOU DURING THE ONE-YEAR PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY.
- Exclusion of Damages. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
- Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN VIVANTE AND YOU.
TERM AND TERMINATION.
- Term. The Agreement commences on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use Vivante Offerings.
- Termination of Services by Vivante. We may terminate your access to all or any part of the Services at any time, with or without cause, including but not limited to failure of you, your health insurance plan or your employer to make timely payments for the Services. If you have breached any provision of the Agreement, or if Vivante is required to do so by law (e.g., where the provision of the Website, the Application, the Platform, or the Services is, or becomes, unlawful), Vivante has the right to, immediately and without notice, suspend or terminate any Services provided to you. You agree that all terminations for cause shall be made in Vivante’s sole discretion and that Vivante shall not be liable to you or any third party for any termination of your Account.
- Termination of Services by You. If you want to terminate the Services provided by Vivante, you may do so by (a) notifying Vivante at any time and (b) closing your Account for all of the Services that you use. Your notice may be sent, in writing, to [email protected].
INTENDED FOR USE IN THE UNITED STATES
Vivante Offerings are controlled and offered by Vivante from its facilities in the United States of America and are intended for use only in the 50 U.S. states and the District of Columbia. Vivante makes no representations that Vivante Offerings are appropriate or available for use in other locations. Those who access or use Vivante Offerings from other countries do so at their own volition and are responsible for compliance with local law.
- Electronic Communications. The communications between you and Vivante may take place via electronic means, whether you visit Vivante Offerings or send Vivante e-mails, or whether Vivante posts notices on Vivante Offerings or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Vivante in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Vivante provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.
- Force Majeure. Vivante shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, pandemic, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
- Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to Vivante Offerings, please contact us at: [email protected]. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
- Notice. Where Vivante requires that you provide an email address, you are responsible for providing Vivante with your most current email address. In the event that the last e-mail address you provided to Vivante is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Agreement, Vivante’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Vivante at the following address: 2045 W Grand Ave Ste B, PMB 37767, Chicago, IL 60612-1577. Such notice shall be deemed given when received by Vivante by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
- Waiver. Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
- Severability. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect the maximum extent permitted by the law.
- Export Control. You may not use, export, import, or transfer Vivante Offerings except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Vivante Offerings, and any other applicable laws
- Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
- Entire Agreement. The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.Consent to Receive Dietitian and GI Professional Services Using Telehealth
- PURPOSE: This Consent to Receive Dietitian and GI Professional Services Using Telehealth (this “Consent”) applies to the receipt of dietary services from a registered dietitian nutritionist (“Dietitian”) and consultations from licensed physicians and advanced practice providers (“GI Professionals”) through telehealth means as part of your participation in Vivante Health Inc.’s (“Vivante’s”) comprehensive digital health program, GIThrive, which is designed for the relief of digestive conditions and improvement of gut health.
- WHAT IS TELEHEALTH: Telehealth is a way to have your appointment with your dietitian or GI Professional using electronic communications. All appointments with a Vivante dietitian or GI Professional shall be coordinated through Vivante’s platform (the “Vivante Platform”).
- BENEFITS AND RISKS: The benefits of telehealth include not having to leave your home or travel outside of your local area. You will not be in the same room as your provider, so there may be some limitations to the appointment and the appointment may feel different. Technical problems could interrupt or stop your appointment before it is completed. Additionally, your provider’s diagnosis and treatment would be conducted without physical contact or in-person observation, thus potentially affecting the care provided. An in-person appointment with an external provider still may be necessary after the telehealth appointment. In that case, you should contact your primary care provider or health plan support to assess additional options for care.
- Phone calls with dietitians and GI Professionals will be recorded for training and quality review purposes. Try to be in a private place, if possible. If people are close to you, they may hear something you do not want them to know.
- PRIVACY AND SHARING DATA FROM APPLICATIONS: All communications with your dietitian or GI Professional should be limited to the Vivante Platform. The sharing of data from other mobile applications with your dietitian or GI Professional is at your discretion. Your dietitian or GI Professional is not responsible for privacy and data breaches that could occur through the sharing of data from other applications outside of the Vivante Platform. Likewise, if you choose to use text-messaging, or to use unencrypted emails or public WiFi for sharing information with your dietitian or GI Professional or for telehealth services, your dietitian or GI Professional is not responsible for privacy and data breaches that could occur.
- YOUR RIGHTS: You have the right to refuse telehealth services or limit what information is shared when receiving telehealth services. You may withdraw your permission for a telehealth appointment at any time, including during the appointment, by emailing [email protected]. Refusal to receive telehealth services will not affect your ability to receive future care or treatment. Additionally, you are entitled to access to all of your medical information resulting from the services.
- CONFIDENTIALITY & HEALTH RECORDS: Vivante Health is committed to safeguarding your privacy and complying with all applicable health information privacy and confidentiality laws, including but not limited to the Health Insurance Portability and Accountability Act (“HIPAA”) and all applicable laws concerning patient access to health records. Vivante Health will maintain your health records as required by applicable law.
- STATE-SPECIFIC REQUIREMENTS: Your dietitian or GI Professional will comply with any state-specific limitations or special requirements for your telehealth visit based on the state where services are provided.
Authorization and Consent:
- With respect to dietitian services, I understand that the dietitian services are limited to the provision of professional services rendered by the dietitian within the scope of his/her license relating to digestive conditions and related gut health services. I understand that my dietitian does not diagnose any disease or other condition and does not prescribe any medication. I understand that the services I receive from my dietitian are intended to supplement, and not intended to replace, the medical care that I receive from my primary medical provider.
- I understand how telehealth will work and the manner in which it will be used to meet with my dietitian or GI Professional.
- I understand that receiving services using telehealth is not the same as an in-person visit because I will not be in the same physical location as my dietitian. I understand that the delivery of dietary care services through telehealth services is an evolving field and that the use of telehealth may include uses of technology not specifically described in this consent form.
- I understand that I can stop a telehealth appointment any time, for any reason, or stop using telehealth for future visits. If I need to let my dietitian or GI Professional know if I do not want to use telehealth again, I can email [email protected] and state that I want to stop.
- I understand that, if I do not request to discontinue telehealth services, this consent will be considered renewed and ongoing upon each telehealth consultation for one (1) year following execution of this consent form.
- I understand that while the dietitian and medical services, including use of telehealth communications, may provide potential benefits to me, as with any dietitian or medical service, no such benefits or specific results can be guaranteed.
- I understand there are risks to receiving telehealth services, such as technical difficulties, unauthorized access and other breaches of privacy even with the use of secure communications systems, delays in clinical evaluation arising from technical difficulties and the potential inability of my dietitian or GI Professional to provide appropriate clinical services for my condition via telephonic or audio-visual consultation.
- I understand that my dietitian or GI Professional can discontinue the telehealth consultation if they feel that the use of telehealth consultations is not adequate for my situation. I understand that my dietitian or GI Professional may determine in his or her sole discretion that my condition is not suitable for telehealth, and that I may need to seek care from an alternative source.
- I agree and authorize my dietitian, GI Professional, and Vivante Health to share information regarding my clinical care with other individuals for treatment, payment and health care operations purposes, including scheduling and billing purposes.
- I understand that my health plan or employer may not cover telehealth services, and that my out-of-pocket costs may be different for telehealth than for services provided in-person.
- I understand that this consent is voluntary. However, I understand that Vivante Health and my dietitian or GI Professional cannot offer its clinical services to me through telehealth means without this consent.
- I UNDERSTAND THAT THE GITHRIVE PROGRAM IS NOT INTENDED FOR EMERGENT PURPOSES. IN THE EVENT OF AN EMERGENCY, I SHOULD NOT CONTACT MY DIETITIAN OR GI PROFESSIONAL BUT SHOULD IMMEDIATELY CALL “911” AND REQUEST EMERGENCY CARE ASSISTANCE.
By consenting, I certify that:
- I am aware that the Vivante care team and my dietitian and GI Professional are available to discuss the treatment methods and limitations of treatment using telehealth, including prior to any appointments. I have had an opportunity and will continue to be able to ask questions about this information. I understand that I may revoke this consent at any time. I have read and agreed to a telehealth appointment.
- My consent shall remain in effect for the duration of care, or until one (1) year from my acceptance of this document (or shorter period if required by applicable state law), or until I revoke my consent in writing.
- I have the legal capacity to provide this consent.
- I have carefully read and consent to the terms and conditions stated herein
- I have carefully read and acknowledged the terms and conditions stated in the HIPAA Notice of Privacy Practices.