Legal Schmegal Intro

Viveda is intended to provide background information on the medical testing you have performed, to allow you to monitor subsequent testing, and to provide you with generally accepted health information relevant to personal health.

Viveda’s information does not constitute a medical opinion or advice. Viveda is not medical care, treatment, a treatment recommendation, or a diagnosis. No employee of HealthLit Solutions, Inc. will provide individuals who purchase a Viveda reporting service with a diagnosis of any disease or health condition or any advice regarding follow-up. HealthLit Solutions, Inc. will not recommend any specific follow-up, further evaluation, therapy or treatment based on a Viveda report.

Medical test results within the normal or reference range do not necessarily mean that a disease or health condition is not present. Test results outside the normal or reference range do not necessarily mean that a disease or health condition is present. Test results may vary if repeated, or change over time.

Medical test results, including those found in Viveda, require consideration of other factors. Medical test results should be assessed in conjunction with each other, the results of other tests, the medical history, and other relevant information. Your physician or other healthcare provider is best qualified to make such assessments.

The Real Legal Stuff—
Our Terms of Service Agreement

You are accessing and using Viveda services through MyViveda.com. Viveda services, however branded, (“the Service”) are provided by HealthLit Solutions, Inc. This is a legal agreement ("Agreement") between you and the Company and applies to your use of the Service offered through MyViveda.com (“Site”). This agreement between you and the Company applies to your use of the Service through the Site even if you access the Site through a third party who does not display the Site’s web address. Please read this Agreement carefully. If you do not agree to the terms contained within this Agreement, any use of the Service by you is unauthorized, and you should stop accessing the Service immediately. Your continued use of the Service will constitute assent to these Terms. Registering as a Viveda user will confirm your assent. By completing your registration and clicking on the "I Accept" button below, you will become a registered user of the Service (a "Registered User") and you agree to be bound by the terms and conditions of this Agreement (the "Terms") for as long as you continue to be a Registered User. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR THE SERVICE. If HealthLit Solutions, Inc. needs to make a material change to these Terms, we will provide notice to you by e-mail or by posting on the Service. If you do not agree to the proposed changes, you may (as your sole remedy) discontinue your use of the Service and/or delete your information from our active files.

1. The site does not provide medical advice or diagnostic services

All contents of the Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. You should ask your doctor about any medical condition. Do not disregard professional medical advice or delay seeking it because of something you have read on the Site! If you think you may have a medical emergency, call your doctor or 911 immediately. Reliance on any information provided by Viveda, HealthLit Solutions, Inc. employees, others appearing on the Site at the invitation of Viveda, or other visitors to the Site is solely at your own risk. The Site and its Services may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use it.

2. Minimum age to use the Site and Service

You must be 16 years or older to use the Service or the Site. If you are not 16 years or older, please do not attempt to register as a Registered User or continue to access this Site. By registering you are agreeing that you are 16 years of age or older.

3. Children’s privacy

Viveda complies with the requirements of the Childrens Online Privacy Protection Act (COPPA) and the FTC’s Rule interpreting COPPA (16 CFR § 512). This Site is not directed to children and we do not knowingly collect any personally identifiable information from children under 13 years of age through this site.

4. Exclusive use

Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity.

5. Online conduct

As a Registered User, you agree that:

You are solely responsible for the data, content or information you publish, display or otherwise communicate in any manner (hereinafter, "post") on the Service.
You will use the Service in a manner consistent with any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. You are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed goods, (ii) identified as a "Specially Designated National", or (iii) placed on the Commerce Department’s Table of Deny Orders. Membership in, and use of, the Service is void where prohibited.
You will not provide inaccurate, misleading or false information to the Company. If information provided to the Company, subsequently becomes inaccurate, misleading or false, you will promptly notify the Company of such change.
You understand that the Company makes no guarantees, either express or implied, regarding your well-being through use of the Service.
You will promptly report to the Company any violation of the Terms of this Agreement by other Registered Users.

6. Online third party content

Opinions, advice, statements, offers, or other information or content made available by third parties through the Service are those of their respective authors, and you rely on such content at your own risk. The authors are solely responsible for such content. THE COMPANY DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICE, AND (ii) ADOPT, ENDORSE NOR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN THE COMPANY. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE, OR TRANSMITTED TO OR BY ANY REGISTERED USERS.

7. Dealings with third parties

Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, including the sharing of the information you supplied to the Company with third parties, or as the result of the presence of such third parties on the Service.

8. Proprietary rights

a. The Company owns and retains proprietary rights in the Service. The Service contains copyrighted material, trademarks, and other proprietary information of the Company, its licensors and licensees. Except for that information which is in the public domain or for which you have been given permission, you agree not to copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

The names “Viveda” and the Viveda Logo are trademarks of HealthLit Solutions, Inc. or its affiliates and may not be used in connection with the products or services of others in any manner that is likely to cause confusion. All other trademarks not owned by HealthLit Solutions, Inc. that appear on this site are the property of their respective owners.

9. Confidentiality

HealthLit Solutions, Inc. takes commercially reasonable precautions to protect your information. Users of the Site expressly agree to the terms set forth in the Viveda Privacy Policy, which describes how we may collect, use or disclosure your information when you use the Service. This includes your agreement that Viveda may disclose your Personal Information to third parties who provide disease management, health management, behavioral coaching, or similar wellness-related services (“Third Party Wellness Providers”). These Third Party Wellness Providers are separate and distinct entities completely independent from Viveda and HealthLit Solutions, Inc. Your employer or health-care provider may request these Third Party Wellness Providers to contact you to provide their services to you. If you agree to accept the services offered by the Third Party Wellness Provider, such agreement is solely between you and the Third Party Wellness Providers. HealthLit Solutions, Inc. is not responsible for the privacy practices of the Third Party Wellness Providers.

Except as otherwise provided in this Agreement and the HealthLit Solutions, Inc. Viveda Privacy Policy, HealthLit Solutions, Inc. will make a commercially reasonable effort to keep confidential all information supplied to us by you, including credit card number(s) and other financial information, and shall use or disclose such information consistent with the HealthLit Solutions, Inc. Viveda privacy policy. For additional information about the collection and possible use of information provided by you, please consult the Company’s privacy policy. The personal information you submit to Viveda is governed by the HealthLit Solutions, Inc. Viveda privacy policy. To the extent there is an inconsistency between this Agreement and the HealthLit Solutions, Inc. Viveda Privacy Policy, this Agreement shall govern.

11. Passwords

Viveda has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person has access to your Viveda passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of report keys and passwords; (2) authorize, monitor, and control access to and use of your Viveda account and password; and (3) promptly inform HealthLit Solutions, Inc. of any need to deactivate a password. You grant HealthLit Solutions, Inc. and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. HealthLit Solutions, Inc. cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using Viveda tools and services.

12. Warranties

THE COMPANY PROVIDES THE SERVICE ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE. THE COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
The Company does not warrant that your use of the Service will be secure, uninterrupted, always available, error-free or will meet your requirements, or that any defects in the Service will be corrected. THE COMPANY DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICE.

13. Limitation of liability

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL THE COMPANY’S AGGREGATE LIABILITY, ON ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT. THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM ANY CORRESPONDENCE OR BUSINESS DEALINGS WITH THIRD-PARTY ADVERTISERS OR RESULTING FROM THE PRESENCE OF SUCH ADVERTISERS ON THE SERVICE. Notwithstanding the foregoing, the potential liability of Viveda to you for any cause and under any legal theory will be limited to the amount paid by you, if any, to HealthLit Solutions, Inc. for your use of the Service.
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THIS SERVICE OR PERSONS INTRODUCED TO YOU BY THIS SERVICE. YOU AGREE TO ASSUME THE RISK OF YOUR INTERACTIONS WITH ANY THIRD PARTIES, INCLUDING REGISTERED USERS, THROUGH THE SERVICE.

14. Indemnity by Registered User

You agree to indemnify, defend and hold harmless HealthLit Solutions, Inc. and its officers, directors, agents and employees from and against all fines, suits, proceedings, claims, causes of action, demands, or liabilities of any kind or of any nature, including attorneys’ fees, arising out of or in connection with your use of the Service, including any breach by you of the terms of this Agreement.

15. Complaints

To resolve a complaint regarding the Service, you should first contact the Company via email to info@HealthLitSolutions.com.

16. Termination

Either you or the Company may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. The Company reserves the right immediately to suspend or to terminate your access to the Service, without notice, if in Company’s sole discretion it believes you have violated any Section of this Agreement which is brought to the Company’s attention. In the event your access to the Service is suspended due to the breach of this Agreement, you agree that all fees then paid to the Company by you shall be nonrefundable. Following any termination hereof, the Company reserves the right to send a notice that you have been terminated to other Registered Users.

17. Death or disability

a. If by reason of death or disability you are unable to receive all services for which you contracted, you and your estate may elect to be relieved of the obligation to make payments for services other than those received before death or the onset of disability, except as provided in paragraph (3).

(1) If you have prepaid any amount for the Service, so much of the amount prepaid that is allocable to services that you have not received shall be promptly refunded to you or your representative.

(2) "Disability" means a condition which precludes you from physically using the Service during the term of disability and the condition is verified in writing by a physician designated and remunerated by you. Written verification from the physician must be presented to the Company.

(3) If the physician determines that the duration of the disability will be less than six (6) months, Company may extend the term of the contract for a period of six (6) months at no additional charge to you in lieu of cancellation.

18. DMCA Copyright Notice and Takedown Policy

If you are a copyright owner and you believe your work has been copied and used improperly on our Site, please contact our copyright compliance officer. Please provide the following information: (1) physical or electronic signature of a person authorized to act on behalf of the copyright owner; (2) description of the work you claim has been infringed and the location of the alleged infringement on the MyViveda Site; (3) your contact information including address, telephone number and e-mail address; (4) a written statement that you have a good faith belief the accused usage is infringing; and (5) a statement by you under penalty of perjury that the information in the notice is accurate and that you are duly authorized to act on behalf of the copyright owner.

Contact our copyright compliance officer:

19. International Use

The Site and Services, including the information provided on the Site, are designed for and intended for users in the United States. We make no representation that the Site or Services are applicable to, appropriate for, or available to users in locations outside the United States. Accessing the Site and Services from territories where the content is illegal is prohibited. If you choose to access the Site and Services from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.

20. General provisions

You agree that Indiana law (regardless of conflicts of law principles) shall govern this Agreement, and that any dispute arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the federal and state courts in the Marion County, Indiana, or Bartholomew County, Indiana, other than for actions to enforce any order or judgment entered by such courts.

This Agreement, accepted upon registration for the Service, contains the entire agreement between you and the Company regarding the use of this Service. Unless otherwise explicitly stated, the terms will survive termination of your registration to the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

Legal Schmegal Intro

The Real Legal Stuff— Our Terms of Service Agreement

The Real Legal Stuff—
Our Terms of Service Agreement