WEBSITE TERMS OF USE
1.0 INTRODUCTION AND ACCEPTANCE
1.1 Purpose
These Website Terms of Use (the "Terms") govern your access to and use of the Platform, including any content, features, and communications made available through the Platform.
1.2 Binding Agreement
1.2.1 By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, you may not access or use the Platform.
1.2.2 These Terms affect your legal rights and impose obligations on you, including limitations on liability and an indemnification obligation, to the maximum extent permitted by law.
1.3 Incorporated Policies
1.3.1 These Terms incorporate by reference our Privacy Policy and, where applicable, our HIPAA Notice of Privacy Practices ("NPP"). The Privacy Policy describes how we collect and use information. The NPP describes how we may use and disclose Protected Health Information ("PHI") and your rights under HIPAA.
1.3.2 Company HIPAA Notice of Privacy Practices: read the Notice.
1.3.3 HIPAA Website Compliance and Security Policy: read the Policy.
1.4 Changes to the Terms
1.4.1 We may modify these Terms at any time in our sole discretion by posting updated Terms on the Platform and updating the Effective Date. You should review the Terms regularly.
1.4.2 If you have created an account or provided an email address for communications, we may (but are not required to) provide notice of material changes by email.
1.4.3 Your continued use of the Platform after updated Terms are posted constitutes your acceptance of the updated Terms. If you do not agree, you must stop using the Platform.
1.5 Contact
Questions about these Terms may be directed to Support@vivalynx.com.
2.0 IMPORTANT HEALTHCARE DISCLAIMERS
2.1 No Medical Advice
2.1.1 The Platform provides general information about our services and wellness topics for informational purposes only. The Platform is not a substitute for professional medical advice, diagnosis, or treatment.
2.1.2 Never disregard professional medical advice or delay seeking it because of something you have read on the Platform.
2.2 Not for Emergencies
2.2.1 The Platform and any web forms are not intended for urgent or emergency medical issues.
2.2.2 If you believe you may have a medical emergency, call 911 or go to the nearest emergency room immediately.
2.3 No Physician–Patient Relationship
2.3.1 Use of the Platform does not create a physician–patient relationship.
2.4 Individual Results Vary
2.4.1 Individual results and responses to treatments vary. No specific outcome is guaranteed.
2.4.2 Any testimonials or examples (if present) reflect individual experiences and do not guarantee that you will achieve similar results.
3.0 ELIGIBILITY, ACCURACY, AND PERMITTED USE
3.1 Age and Capacity
3.1.1 You must be at least 18 years old and capable of forming a binding contract to use the Platform. The Platform is not directed to minors.
3.2 Accurate Information
3.2.1 You agree to provide accurate, current, and complete information if you submit a request, message, registration, or appointment inquiry through the Platform, and to update such information as needed.
3.3 Accounts and Credentials (If Applicable)
3.3.1 Certain features may require you to create an account or use login credentials provided by a third-party service (for example, a scheduling or telehealth platform).
3.3.2 You are responsible for maintaining the confidentiality of your credentials and for all activities that occur under your credentials.
3.3.3 You may not share your credentials with others, and you must promptly notify us of any suspected unauthorized use by contacting Support@vivalynx.com.
3.4 Prohibited Use
3.4.1 You agree not to use the Platform in any manner that is not expressly permitted by these Terms.
3.4.2 You agree not to use the Platform in any manner that violates any applicable law or regulation, including laws governing healthcare communications and advertising, privacy, or data security.
3.4.3 You agree not to infringe or violate the rights of any other party, including intellectual property, privacy, or proprietary rights.
3.4.4 You agree not to upload, transmit, or introduce any viruses, malware, or other harmful code, or take any action that could damage, disable, overburden, or impair the Platform.
3.4.5 You agree not to use any robot, spider, scraper, crawler, data-mining tool, or similar automated means to access, acquire, copy, monitor, or extract any portion of the Platform or its content, except as expressly permitted by us in writing.
3.4.6 You agree not to copy, reverse engineer, decompile, disassemble, translate, modify, or create derivative works of the Platform or any underlying software, or attempt to discover source code, underlying ideas, or algorithms.
3.4.7 You agree not to attempt to gain unauthorized access to the Platform, its servers, or related systems or networks; or attempt to circumvent, bypass, evade, test, probe, or scan any security or authentication measures.
3.4.8 You agree not to interfere with or disrupt networks or servers connected to the Platform or otherwise interfere with the operation of the Platform.
3.4.9 You agree not to use the Platform for the purpose of benchmarking, performance testing, feature testing, or to develop or assist in developing a competing or similar product or service.
3.4.10 You agree not to engage in unsolicited or unauthorized advertising, promotional materials, spam, chain letters, pyramid schemes, or other solicitation through the Platform.
3.4.11 You agree not to impersonate any person or entity, misrepresent your affiliation, forge headers, or otherwise manipulate identifiers to disguise the origin of any message transmitted through the Platform.
3.5 Security and Availability
3.5.1 We may change, suspend, or discontinue the Platform or any features or functionality at any time, in our sole discretion, including for maintenance or security reasons.
3.5.2 We do not guarantee that the Platform will be available at any particular time or that access will be uninterrupted or error-free.
4.0 FORMS AND COMMUNICATIONS
4.1 PHI and Website Forms
4.1.1 Information you submit through the Platform may include health-related information that can constitute PHI. Please limit form submissions to what is necessary for scheduling and routine inquiries.
4.1.2 Unless expressly stated, standard email may not be secure. For secure communications regarding medical care, use our designated secure channels or patient portal, if available.
4.2 Consent to Contact
4.2.1 By providing your contact information, you authorize us to contact you at the phone number and email address provided for scheduling and administrative communications related to your inquiry or care. If we offer SMS/text communications, you may be asked to provide additional consent and you may opt out at any time.
4.3 Third-Party Platforms
4.3.1 We may use third-party scheduling, telehealth, payment, or messaging platforms. Your use of those third-party services may be governed by their terms and privacy practices. Where required by law, we will maintain appropriate agreements with vendors that handle PHI on our behalf.
5.0 TELEHEALTH TERMS
5.1 Geographic and Licensure Limitations
5.1.1 Telehealth services are provided only where legally permitted.
5.1.2 Clinical services are available only to patients located in New York at the time of the visit (and any other states where our clinicians are licensed, as applicable). The Company will share your personal information and PHI with medical providers such as First Stop Health (“FSH”) when you consent to such sharing. The Company receives reports from FSH that contain de-identified personal information and de-identified PHI.
5.2 Appropriateness of Telehealth
5.2.1 Telehealth is not appropriate for every condition, patient, or situation. Your clinician will determine whether telehealth is clinically appropriate and may recommend an in-person visit, examination, or testing when needed.
5.3 Not for Emergencies
5.3.1 Telehealth services and the Platform are not intended for emergencies. If you believe you have an emergency, call 911 or go to the nearest emergency room.
6.0 OWNERSHIP AND LICENSE
6.1 Ownership
6.1.1 The Platform and all content on it, including text, images, graphics, logos, and design elements (collectively, "Content"), are owned by the Company or its licensors and are protected by intellectual property laws.
6.2 Limited License
6.2.1 We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Platform for your personal, non-commercial use in accordance with these Terms.
6.2.2 You may not reproduce, distribute, publicly display, publicly perform, modify, create derivative works from, or otherwise exploit the Content except as expressly permitted in writing by the Company.
6.2.3 You may not frame, mirror, or embed the Platform or Content within another website or service without our prior written consent.
6.2.4 Except where expressly permitted by us in writing, you may not take screenshots, record, scrape, download, or otherwise copy Platform content for commercial purposes or to create a competing product or service.
6.3 Trademarks
6.3.1 All trademarks, service marks, trade names, and logos displayed on the Platform are the property of the Company or their respective owners. Nothing in these Terms grants any rights to use any trademarks without prior written permission.
7.0 YOUR SUBMISSIONS AND FEEDBACK
7.1 Submissions
7.1.1 The Platform may allow you to submit feedback, ideas, surveys, or other materials (each, a "Submission"). Do not submit medical emergencies, highly sensitive medical details, or any information you do not want shared with the Company as part of your scheduling, service needs or administrative request.
7.2 Rights in Submissions
7.2.1 You represent and warrant that you own or have all necessary rights to provide your Submission and that it does not violate any third-party rights or confidentiality obligations.
7.3 License to Use Submissions
7.3.1 By providing a Submission, you grant the Company a perpetual, royalty-free, irrevocable, worldwide, non-exclusive, transferable, and sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, perform, and otherwise exploit the Submission for any lawful purpose, without compensation to you. We will handle any personal information contained in a Submission in accordance with our Privacy Policy and applicable law.
7.4 Aggregation and De-Identification
7.4.1 Where appropriate, we may aggregate and de-identify information from Submissions for internal research, quality improvement, or analytics purposes, consistent with applicable law.
8.0 THIRD-PARTY WEBSITES AND SERVICES
8.1 Third-Party Links
8.1.1 The Platform may contain links to third-party websites or services, including social media platforms.
8.1.2 We do not control and are not responsible for the content, policies, or practices of third-party sites. Your use of third-party sites is at your own risk and subject to their terms and policies.
9.0 DISCLAIMER OF WARRANTIES
9.1 As-Is; As-Available
9.1.1 The Platform and Content are provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, statutory, or otherwise.
9.2 Disclaimer
9.2.1 To the maximum extent permitted by law, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties arising from course of dealing or usage of trade.
9.2.2 Without limiting the foregoing, we do not warrant that the Platform will meet your requirements, be uninterrupted, timely, secure, error-free, or free of viruses or other harmful components, or that any defects will be corrected.
9.2.3 Any third-party materials or services are provided "as is" and any warranties regarding third-party materials are strictly between you and the third-party provider.
10.0 LIMITATION OF LIABILITY
10.1 Exclusion of Damages
10.1.1 To the maximum extent permitted by law, in no event will the Company or its employees, contractors, agents, licensors, or service providers be liable for any indirect, incidental, consequential, special, exemplary, punitive, or aggravated damages, or for any loss of profits, revenue, business, goodwill, data, or use, arising out of or related to your use of (or inability to use) the Platform, even if advised of the possibility of such damages.
10.2 Aggregate Cap
10.2.1 To the maximum extent permitted by law, the collective aggregate liability of the Company and its licensors and service providers for claims arising out of or related to the Platform or these Terms will not exceed one hundred dollars (US $100).
10.3 Exceptions
10.3.1 Some jurisdictions do not allow certain limitations of liability. To the extent a limitation is prohibited by applicable law, it will not apply.
10.3.2 Nothing in these Terms is intended to exclude or limit liability that cannot be excluded or limited under applicable law.
11.0 INDEMNIFICATION
11.1 Indemnity
11.1.1 You agree to defend, indemnify, and hold harmless the Company and its employees, directors, officers, contractors, representatives, agents, licensors, and service providers from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your access to or use of the Platform, your Submissions, your violation of these Terms, or your violation of any law or the rights of any third party.
12.0 INTELLECTUAL PROPERTY INFRINGEMENT REPORTING
12.1 Reporting
Copyright Policy
REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT
The Company takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site (the "Website") infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
Amy B. Goldsmith, Esq.
Tarter Krinsky & Drogin LLP
1350 Broadway
New York, New York 10018
agoldsmith@tarterkrinsky.com
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
You may report other intellectual property matters to Support@vivalynx.com.
13.0 GOVERNING LAW AND VENUE
13.1 Governing Law
13.1.1 These Terms are governed by the laws of the State of New York, without regard to conflict-of-laws principles.
13.2 Venue
13.2.1 Except where prohibited by law, you agree that any action arising out of or relating to these Terms or the Platform will be brought in the state or federal courts located in Albany County, New York, and you consent to personal jurisdiction in those courts.
13.3 Time Limit on Claims
13.3.1 To the maximum extent permitted by law, any claim arising out of or relating to the Platform or these Terms must be brought within one (1) year after the claim arises, or it is permanently barred.
14.0 MISCELLANEOUS
14.1 Severability
14.1.1 If any provision of these Terms is held invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect, and a court may modify the unenforceable provision to reflect the parties’ intent to the greatest extent permitted by law.
14.2 No Waiver
14.2.1 Our failure to enforce any provision of these Terms is not a waiver of our right to do so later.
14.3 Assignment
14.3.1 You may not assign your rights or obligations under these Terms without our prior written consent. We may assign these Terms without your consent.
14.4 Changes and Survival
14.4.1 We reserve the right to modify or discontinue the Platform (or any part of it) at any time, temporarily or permanently, with or without notice.
14.4.2 Any provisions that by their nature should survive termination will survive, including Sections 2 (Important Healthcare Disclaimers), 6 (Ownership and License), 7 (Submissions), 9 (Disclaimer of Warranties), 10 (Limitation of Liability), 11 (Indemnification), 13 (Governing Law and Venue), and 14 (Miscellaneous).
14.5 Entire Agreement
14.5.1 These Terms, together with the Privacy Policy and NPP (as applicable), constitute the entire agreement between you and the Company regarding your use of the Platform and supersede any prior or contemporaneous agreements or communications regarding the Platform.
14.6 Contact
Operated by: Vivalynx LLC
Company Address: 251 State Street, STE 203-206, Schenectady NY 12305
Email: Support@vivalynx.com