Last Modified: October 2019
Welcome to liv Health! Your health is important to us. Please carefully review the information below. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.
Liv Health is not appropriate to address emergency or life-threatening medical conditions, and should not be used as such. Liv Health may direct you to emergency room services or other appropriate facility at any time.
Please carefully read the terms of this document. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU SHOULD NOT USE THE LIV HEALTH SOLUTION OR ACCESS THE SITE.
Upon your acceptance of the terms and conditions of this Agreement, you agree that you have been advised of and understand the potential risks, consequences, and benefits of telemedicine described in the Informed Consent.
- License Grant. You must be at least the age of majority in your jurisdiction (an adult) to use this liv Health Solution. Subject to the terms of this Agreement, liv Health allows to you a limited, non-transferable, non-exclusive right to use the Site solely for the purposes of accessing and using the Services in accordance with this Agreement.
Subject to the terms of this Agreement (including but not limited to the payment of any fees), liv Health will make the Services available for use by Participant through the Site on a non-exclusive subscription basis during the applicable subscription term. Participants’ use of the Service may be subject to additional terms and conditions presented when registering or otherwise accessing the Site.
- Restrictions on Use. You agree that the liv Health Solution is owned by liv Health. You may not share your account authentication credentials with anyone else or otherwise permit anyone other than yourself to access the liv Health Solution. You are responsible for maintaining confidentiality of your own account authentication credentials and all activities that occur using your account authentication credentials. Unless otherwise specifically agreed by liv Health in writing, you will not (a) modify, make derivative works of, reverse engineer, decompile or disassemble the liv Health Solution, (b) modify copyright and other proprietary notices of liv Health’s or its licensors’ proprietary rights in the Site or liv Health Solution, (c) make the liv Health Solution available in any manner to any third party for use in the third party’s business operations, (d) access or use (or permit third parties to access or use) the liv Health Solution in order to build or support any products or services competitive with the liv Health Solution, or (e) inaccurately or falsely represent your current location, your demographic location, your address, your medical history, information about your medical condition, or otherwise inaccurately or falsely represent yourself to liv Health and liv Health medical providers. You may not make copies of the Site. The Site and its entire contents, features, and functionality (including, but not limited to, all information, software, displays, images, text, algorithms, video, and audio, and the design, selection, and arrangement thereof) are the property of liv Health or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Liv Health reserves all rights in this regard.
You represent and warrant that you are not (i) located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; or (ii) listed on any U.S. Government list of prohibited or restricted parties.
At this time, the liv Health Solution is limited to individuals seeking treatment for the conditions listed in the liv Health Solution Scope (“Services”) and does not provide services for any other issues or any injuries. You agree that you will not use the liv Health Solution to seek care for any issue other than as listed in the liv Health Solution Scope.
- Feedback. Liv Health has not agreed to and does not agree to treat as confidential any suggestion or idea provided by you regarding the liv Health Solution or the Site (“Feedback“), and nothing in this Agreement or in the parties’ dealings arising out of or related to this Agreement will restrict liv Health’s right to use, profit from, disclose, publish, or otherwise exploit any Feedback, without compensation to you, or provide you with any rights in the liv Health Solution or the Site. Liv Health will only publish your name or other identifying information in connection with any testimonial with your prior approval.
If Services were offered to you at no cost or at a discounted rate, any public or other published review, comment or testimonial about liv Health must include a statement indicating that the Services were provided as such. If any incentives were offered to you for any public or other published testimonial, the disclosure of such incentives is required by you in the testimonial. Liv Health may republish any public or other published review, comment or testimonial about liv Health on the Site or in other media. The appropriate attribution to the original source of the publication will be cited by liv Health. Any such republication will be subject to the restrictions of HIPAA and state law.
- Consent to Treat. You consent to receive medical care from liv Health’s affiliated medical services provider(s) using electronic interactive audio, video, or data communications, specifically through use of the liv Health Solution, where such medical care may include consultation, diagnosis, treatment, and transfer of electronic medical records and medical data (each instance, a “telemedicine consultation“). In addition to the terms of Informed Consent, you understand and agree to be treated via a telemedicine consultation, which inherently includes limitations presented by a virtual (non in-person) visit. You understand that there are risks and consequences inherent in telemedicine, including, but not limited to:
- Delayed medical evaluation and treatment due to telecommunication equipment failures or information transmission errors (e.g. poor image quality);
- the possibility that the transmission of your medical information could be disrupted or distorted by technical failures;
- risks related to a patient withholding key medical information or records, which may result in adverse or allergic reactions to prescribed drugs, and other complications; or
- unauthorized access of protected health information (PHI) as a result of cyber security or other security breaches.
You agree that it may not be medically appropriate or possible to select a specific provider of your choosing. You agree to accurately disclose your location prior to participating in a telemedicine consultation using the liv Health Solution. Liv Health’s affiliated medical services providers will be permitted to provide a telemedicine consultation only if you are located in a state and jurisdiction in the United States in which such medical providers are duly licensed to practice medicine. Liv Health does not warrant nor otherwise guarantee the availability of a medical service provider to you. Liv Health’s affiliated medical service providers may have a financial interest in liv Health.
During your telemedicine consultation, you consent to the following:
- Details of your medical information may be discussed with the medical services provider(s) through the use of electronic interactive audio, video or data communications technology;
- A virtual examination of you may take place;
- Non-medical technical personnel may be present in the telemedicine studio, either physically or virtually, to aid in delivery of services; and
- Video, audio or digital photo may be recorded during the telemedicine consultation.
All existing laws regarding your access to medical information and copies of your medical records apply to your telemedicine consultation. Reasonable and appropriate efforts will be made to eliminate any confidentiality risks associated with your telemedicine consultation. All existing confidentiality protections under applicable federal and state law apply to information disclosed during your telemedicine consultation.
You may withhold or withdraw consent to the telemedicine consultation at any time without affecting your right of future care or treatment.
- Account Registration and Security. Each registration is for a single user only. You understand and agree that only one account is permitted per user, and you may not use alternate identifying information to create more than one user account. You are not allowed to share your registration login credentials or give your login credentials to anyone else. We may cancel or suspend your access to the liv Health Solution if you share your login credentials. You are responsible for maintaining the confidentiality of your login credentials.
- Payments, Access and Cap on Annual Encounters.
Your account provides you with unlimited access to the liv Health Solution at no additional charge. Depending on the type of account you have with liv Health, you may also be required to pay a per-visit fee.
If you are not required to pay a per-visit fee you acknowledge and agree that within a twelve (12) month period beginning on the date of your first encounter, you are limited to three (3) encounters per twelve (12) month period as part of your subscription or plan. Additional encounters can be purchased on an a la carte basis.
You understand and agree that liv Health will not be liable for any adverse event that arises from the processing of your payment through Authorize.net.
- Health Savings Account Requirements. You acknowledge that liv Health is not obligated to verify your Health Savings Account (“HSA“) status or eligibility. If you are eligible for an HSA or do contribute to an HSA, check with your benefits administrator to ensure payment for the Services under a Personal Plan will not materially affect your eligibility under your HSA benefits, including the ability to make future contributions to the HSA.
- Promotional Customers. Promotional Customers will have full access to Services and will receive the same level of service as full paying users. Liv Health will direct customers receiving a promotional price on how to access the promotion. For example, liv Health may provide a promo code that must be entered during the registration process to access the promotion. Any public or other published review, comment or testimonial about liv Health must include a statement indicating that the Services were provided at no cost or a discount.
- No Warranty. Due to the developmental nature of the liv Health Solution, liv Health makes no warranties regarding the performance of the liv Health Solution or the compatibility between the liv Health Solution and any future versions of it. The liv Health Solution is provided AS-IS. Liv Health has no obligation whatsoever to furnish any maintenance and support services with respect to the liv Health Solution. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PROFESSIONAL SUPPORT SERVICES AND THE SITE AND SERVICES (INCLUDING BUT NOT LIMITED TO ANY MEDICAL SERVICES PROVIDED IN CONNECTION THEREWITH) ARE PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, AND LIV HEALTH SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, YOU SPECIFICALLY ACKNOWLEDGE THAT LIV HEALTH AND ITS LICENSORS MAKE NO WARRANTY THAT THE LIV HEALTH SOLUTION WILL MEET YOUR REQUIREMENTS OR BE ERROR-FREE OR WITHOUT INTERRUPTION; THAT ALL ERRORS WILL BE CORRECTED; THAT THE LIV HEALTH SOLUTION WILL BE FREE OF VULNERABILITY TO INTRUSION OR ATTACK; OR THAT YOUR SPECIFIC REQUIREMENTS WILL BE SATISFIED. YOU ACKNOWLEDGE THAT LIV HEALTH DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE LIV HEALTH SOLUTION MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS. LIV HEALTH WILL NOT BE LIABLE FOR ANY ALTERATION, THEFT, DESTRUCTION OR LOSS OF YOUR DATA, FILES, OR PROGRAMS OR ANY PARTICIPANT DATA.
- Limitation of Liability. LIV HEALTH IS NOT A MEDICAL PRACTICE. ALL PROFESSIONAL SERVICES WILL BE PERFORMED BY LIV HEALTH’S AFFILIATED MEDICAL SERVICES PROVIDERS AND LIV HEALTH WILL HAVE NO LIABILITY THEREFOR. THE TECHNICAL SERVICES PROVIDED BY LIV HEALTH ARE NOT INTENDED TO TREAT ANY ILLNESS, DISEASE, OR ADVERSE MEDICAL CONDITION, AND SHOULD NOT BE CONSIDERED THE PRACTICE OF MEDICINE.
LIV HEALTH IS NOT ENGAGED IN THE BUSINESS OF INSURANCE AND THIS AGREEMENT IS NOT A CONTRACT FOR INSURANCE.
HARDWARE AND SOFTWARE IS COMPLEX AND MAY NOT BE COMPLETELY FREE OF ERRORS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LIV HEALTH WILL NOT BE LIABLE FOR ANY DAMAGES ARISING UNDER THIS AGREEMENT. YOU SHOULD CONTACT LIV HEALTH IF YOU HAVE ANY CONCERNS OR CLAIMS RELATING TO THE LIV HEALTH SOLUTION.
“Confidential Information” includes all confidential or proprietary aspects of the Site and Services, including any of its features and functionalities, in addition to any information you submit through the liv Health Solution that a reasonable person would expect under the circumstances of disclosure to be kept confidential (e.g., any personal information or health information).
Liv Health and you (each a “Party“) will not disclose the Confidential Information of the other Party and will use the Confidential Information of the other Party only to exercise rights and fulfill obligations under this Agreement, while using reasonable care. The receiving Party may disclose Confidential Information of the discloser when required by law after giving reasonable notice to the discloser, if permitted by law. Except for the limited use rights under this Agreement, neither Party acquires any right, title, or interest in the other Party’s Confidential Information.
The Parties agree that any breach of this section by the other may cause irreparable injury not adequately compensable with monetary damages. Accordingly, in addition to any rights otherwise available at law, in equity or by statute, the non-breaching Party is entitled to seek injunctive and other equitable relief.
- Term. Liv Health may suspend or terminate your use of the liv Health Solution by suspending your account for any reason at any time. Liv Health may maintain, delete or destroy all communications and materials posted or uploaded to the liv Health Solution per its record retention or content destruction policies. Whether during the term or after termination of this Agreement, liv Health has no obligation to continue to provide the liv Health Solution or Services; however, liv Health will provide access to any of your health records in liv Health’s possession as a result of this Agreement as may be required under applicable legal, ethical and professional obligations.
- Notices. Notices from either Party to the other shall be in writing and may be sent via email. You can notify liv Health, LLC, 200 Moore Drive, Nicholasville, KY 40356 by contacting liv Healthwith any questions, complaints, or claims with respect to the liv Health Solution. Notices from liv Health to you will be sent to the email address previously provided by your in applying for the liv Health Solution.
- Dispute Resolution; Binding Arbitration.
Please read the following section carefully because it requires you to waive your right to a jury trial and arbitrate certain disputes and claims with liv Health and limits the manner in which you can seek relief from us. No class or representative actions or arbitrations are allowed under this Agreement.
Except for small claims disputes in which you or liv Health seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or liv Health seek injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and liv Health waive your rights to a jury trial and to have any dispute arising out of or related to this Agreement or the liv Health Solution resolved in court. Instead, for any dispute that you have against liv Health, you agree to first contact liv Health and attempt to resolve the claim informally by sending a written notice of your claim (“Notice“) to liv Health by email at [email protected] or by certified mail addressed to: liv Health, 200 Moore Drive, Nicholasville, KY 40356. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and liv Health cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either Party may, as appropriate in accordance with this section, submit the dispute to binding arbitration administered by the Judicial Arbitration and Mediation Services (“JAMS”) or, where applicable, in court. All submitted disputes will be resolved through confidential binding arbitration held in Lexington, Kentucky accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of JAMS, which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive the opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
You and liv Health agree that any dispute arising out of or related to this Agreement or the liv Health Solution is personal to you and liv Health and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
This Agreement affects interstate commerce and the enforceability of this Section 15 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, this Agreement and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by this Agreement. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.
The arbitrators, liv Health, and yourself will maintain the confidentiality of any proceedings including, but not limited to, any and all information gathered, prepared, and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrators will have the authority to make appropriate rulings to safeguard that confidentiality, unless the law provides to the contrary.
You and liv Health agree that for any arbitration you initiate, you will pay the filing fee and liv Health will pay the remaining JAMS fees and costs. For any arbitration initiated by liv Health, liv Health will pay all JAMS fees and costs. The state or federal courts of the State of Kentucky and the United States sitting in Lexington, Kentucky will have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim arising out of or related to this Agreement or the liv Health Solution must be filed within one (1) year after such claim arose; otherwise, to the maximum extent permitted by applicable law, the claim is permanently barred, which means that you and liv Health will not have the right to assert the claim.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 15 by emailing [email protected]. In order to be effective, the opt-out notice must include your full name and address, and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 15.
If any portion of this arbitration section is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from this Agreement; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the arbitration section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the arbitration section; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this arbitration section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this section will be enforceable.
- Governing Law. This Agreement and your use of the liv Health Solution are governed by the laws of the State of Kentucky, USA, without regard to its conflict of laws principles. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of the State of Kentucky, USA.
- Miscellaneous. If any provision of this Agreement is adjudged to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall not be affected thereby. The provision in question may be replaced by the lawful provision that most nearly embodies the original intention of the parties, and this Agreement shall in any event otherwise remain valid and enforceable. In no event will liv Health be deemed in default hereunder based on delay in, or failure of, performance (other than the payment of money) if caused by floods, fires, storms or other acts of God, by war or acts of public enemy, including terrorism, or civil disturbance, strikes, lockouts, shortage of labor, labor disputes or labor trouble, problems in obtaining raw materials or liv Health Solution facilities, power failure, equipment failure, transportation shortages or failures, actions of any governmental or other authority, or any other cause not within liv Health’s reasonable control. This Agreement is for the benefit of, and shall be binding upon the parties. No third party shall be considered a third-party beneficiary hereunder. You may not assign or transfer your rights or obligations under this Agreement without the prior written consent of liv Health. You and liv Health are independent contractors with respect to this Agreement and the liv Health Solution.
- Responsibility for Security Devices. You are responsible for the security of your information system(s), including its network and related computer equipment and peripherals (“Information System(s)”). If you are accessing the liv Health Solution through a mobile device, you are solely responsible for the access and use of such mobile device, and must keep secure your ID and password at all times. You are encouraged to fully utilize all security features, including locking, within the mobile device. You agree that it is your responsibility to comply with all applicable laws, rules, or regulations (“Applicable Laws”), and ensure adequate security of Your Information System(s). Each of you and liv Health agree to notify the other of any violation of data security of which you or liv Health become aware.
- Prohibited Uses. You agree not to:
- Upload or transmit any communication or content of any type that infringes or violates any rights of any party.
- Use, modify, sell, assign or transfer the content or reproduce, display, publicly perform, distribute, post, transmit, or otherwise use this Site or any of its contents in any way for any public or commercial purpose.
- Reverse engineer, disassemble or decompile any software included in connection with the Site.
- Use the Site for any purpose in violation of local, state, national, or international laws.
- Use the Site as a means to distribute or post advertising or other unsolicited material to any third party.
- Impersonate any person or entity or falsely represent your identification or affiliation.
- Inaccurately or falsely represent your current location, your demographic location, your address, your medical history, information about your medical condition, or otherwise inaccurately or falsely represent yourself to liv Health and liv Health’s affiliated medical providers.
- Distribute viruses or other harmful computer code.
- Harvest or otherwise collect information about others.
- Promote, encourage, or engage in defamatory, harassing, abusive, or otherwise objectionable behavior.
- Interfere with the operation of the Site.
- Copy or distribute in any medium any part of the Site.
- Use or access the Site in an abusive, excessive, or inappropriate manner as determined in the sole discretion of liv Health.
If we become aware that an individual is using the Site or Services in violation of these Terms, we may prohibit and block or terminate such individual from using the Site or Services.