These Terms and Conditions constitute a legally binding agreement between you and Vivid Health Group governing your access to and use of our website, digital platforms, and healthcare services. Please review these terms carefully, as your continued use of our services constitutes acceptance of these provisions.
Effective Date: January 1, 2025
Last Revised: January 1, 2025
For the purposes of these Terms and Conditions:
By accessing, browsing, or utilizing any Services provided by Vivid Health Group, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and Conditions. If you do not agree to these terms in their entirety, you must discontinue use of our Services immediately.
Vivid Health Group reserves the right to modify, amend, or update these Terms and Conditions at any time without prior notice. Such modifications shall become effective immediately upon posting to our Website. Your continued use of our Services following any such modifications constitutes your acceptance of the revised terms.
Vivid Health Group provides comprehensive healthcare services through both physical facilities and digital platforms. The information and content provided on our Website are intended for general informational and educational purposes only and do not constitute medical advice, diagnosis, or treatment recommendations.
You are authorized to access and use our Services for the following lawful purposes:
You expressly agree not to use our Services for any purpose that:
The healthcare information provided through our Services is for educational and informational purposes only and does not constitute professional medical advice, diagnosis, or treatment. This information should not be used as a substitute for professional medical consultation, examination, diagnosis, or treatment.
Access to and use of our Website, digital platforms, or informational resources does not establish a healthcare provider-patient relationship between you and Vivid Health Group, its physicians, or healthcare staff. Such relationships are established only through direct, in-person consultation or formally authorized telemedicine encounters.
Our Website and digital platforms are not intended for emergency medical situations. In case of a medical emergency, immediately contact emergency services by dialing 911 or proceed to the nearest emergency department. Do not rely on our Website or digital communications for urgent medical needs.
Vivid Health Group is committed to protecting your privacy and maintaining the confidentiality of your personal and health information in accordance with applicable federal and state privacy laws, including the Health Insurance Portability and Accountability Act (HIPAA) and the Health Information Technology for Economic and Clinical Health (HITECH) Act. Please review our comprehensive Privacy Policy, which governs the collection, use, disclosure, and protection of your personal information and is incorporated by reference into these Terms and Conditions.
All content, materials, information, software, products, and services included on or available through our Website and digital platforms, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are the exclusive property of Vivid Health Group or its content suppliers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
The Vivid Health Group name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Vivid Health Group or its affiliates or licensors. You must not use such marks without our prior written permission.
Our Services may provide functionality that allows you to submit, post, display, transmit, or otherwise make available content, including but not limited to text, photographs, videos, audio recordings, and other materials ("User Content"). You retain ownership of your User Content, but by submitting such content, you grant Vivid Health Group a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content.
All User Content must comply with applicable laws and regulations and must not:
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Vivid Health Group PROVIDES ITS SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
While Vivid Health Group endeavors to provide accurate and up-to-date medical and healthcare information, medical knowledge and best practices evolve rapidly. We make no representations or warranties regarding the accuracy, completeness, timeliness, or reliability of any information provided through our Services. Medical information may become outdated, and no guarantee is made that such information is current, correct, or complete.
Vivid Health Group does not warrant that our Services will be uninterrupted, timely, secure, or error-free, or that defects will be corrected. We do not warrant that our Services will meet your requirements or expectations.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Vivid Health Group, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, OUR SERVICES.
In no event shall Vivid Health Group's total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing or using our Services during the twelve (12) months immediately preceding the event giving rise to such liability.
You agree to defend, indemnify, and hold harmless Vivid Health Group and its subsidiaries, affiliates, officers, directors, employees, consultants, agents, and representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees and costs) arising from: (a) your use of and access to our Services; (b) your violation of any term of these Terms and Conditions; (c) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (d) any claim that your User Content caused damage to a third party.
Vivid Health Group reserves the right, in its sole discretion, to terminate, suspend, or restrict your access to our Services, with or without prior notice, for any reason, including but not limited to: (a) violation of these Terms and Conditions; (b) suspected fraudulent, abusive, or illegal activity; (c) extended periods of inactivity; or (d) upon your request for account termination.
Upon termination of your access to our Services, your right to use our Services will cease immediately. Termination shall not affect any rights or obligations that have accrued prior to the effective date of termination. Provisions of these Terms and Conditions that by their nature should survive termination shall survive, including but not limited to intellectual property rights, disclaimer of warranties, indemnification, and limitations of liability.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms and Conditions will be brought exclusively in the federal or state courts located in Orange County, California, and the parties hereby consent to the personal jurisdiction and venue of such courts.
Prior to initiating any formal legal proceedings, the parties agree to attempt to resolve any disputes through good faith negotiations. If such negotiations fail to resolve the dispute within thirty (30) days, either party may pursue available legal remedies in the appropriate courts as specified above.
Vivid Health Group reserves the right to modify, amend, or update these Terms and Conditions at any time, in its sole discretion, without prior notice to users. Material changes to these Terms and Conditions will be posted on our Website with an updated "Last Revised" date. Your continued use of our Services following the posting of revised Terms and Conditions constitutes your acceptance of such changes.
For material changes that significantly affect your rights or obligations, Vivid Health Group will make reasonable efforts to provide advance notice through our Website or other appropriate communication channels. However, it remains your responsibility to review these Terms and Conditions periodically for updates.
For questions, concerns, or legal notices regarding these Terms and Conditions, please contact Vivid Health Group through the following channels:
If any provision of these Terms and Conditions is deemed invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, such provision shall be severed from these Terms and Conditions. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision, and the remaining provisions shall continue in full force and effect.
These Terms and Conditions, together with our Privacy Policy and any other legal notices published by Vivid Health Group on our Website, constitute the complete and exclusive agreement between you and Vivid Health Group regarding your use of our Services. These Terms and Conditions supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.
Vivid Health Group's failure to enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by an authorized representative of Vivid Health Group.
Vivid Health Group shall not be liable for any failure or delay in performance under these Terms and Conditions which is due to fire, flood, earthquake, elements of nature or acts of God, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, or any other cause beyond our reasonable control.
These Terms and Conditions constitute a legally binding agreement. By using our Services, you acknowledge that you have read, understood, and agree to be bound by these terms. Please review these terms periodically, as your continued use following any modifications constitutes acceptance of such changes.