Terms and Conditions for Vivagen Health
TERMS OF SERVICE WEBSITE
These Terms of Service (“Terms”) apply to and govern your access to and use of any website, mobile website, social media site, software, email exchange of information, and any other digital platform, including any services, features, pages, and functions contained or offered therein, including any transactions, orders, sales, purchases, or the acquisition of goods or services (collectively the “Service”), that are owned, operated, or provided by BeeperMD, BeerpMD LLC, or its subsidiaries, divisions, and affiliates (“BeeperMD affiliates”).
By using the Service, you agree that you are at least the legal age of majority in the jurisdiction in which you reside or, if you are not, that you have obtained parental or guardian consent. The Service is not targeted for use by children under the age of eighteen, and if you are under the age of eighteen, you are not allowed to use the Service.
If we make any material changes, and you have registered to use the Service, we will also send an email to you at the last email address you provided to us. Your continued use of the Service after our provision of notice to you will constitute your affirmative acceptance to the modified Terms. If you do not agree to, or cannot comply with, the Terms as amended, you must stop using the Service.
THESE TERMS AFFECT YOUR LEGAL RIGHTS, RESPONSIBILITIES, AND OBLIGATIONS, GOVERN YOUR USE OF THE SERVICE, ARE LEGALLY BINDING, LIMIT BeeperMD’S LIABILITY TO YOU, REQUIRE YOU TO INDEMNIFY BeeperMD, AND TO SETTLE CERTAIN DISPUTES THROUGH ARBITRATION. YOUR CONTINUED USE OF THE SERVICE AFFIRMS YOUR AGREEMENT TO THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OR ANY FUTURE MODIFICATIONS OR AMENDMENTS TO THESE TERMS, DO NOT USE OUR SERVICE.
These Terms are written in the English language. We do not guarantee the accuracy of any translated versions of these Terms. To the extent any translated versions of these Terms conflict with the English language version, the English language version of these Terms shall control.
BeeperMD DOES NOT PROVIDE EMERGENCY SERVICES OF ANY KIND. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.
Third Party Contractors and clients
The Service provides a platform to connect individuals seeking to obtain certain services (“Clients”) and independent third-party contractors seeking to provide such services (“Third Party Contractors”). Third Party Contractors are not employees of BeeperMD. Both Clients and Third Party Contractors are “Users” of the Service.
BeeperMD only provides a platform for enabling connections between Users through use of the Service. Beyond this, BeeperMD does not provide services to Clients. Instead, BeeperMD enables Third Party Contractors, which are independent contractors, to provide services to Clients. Although BeeperMD performs certain background screenings on Third Party Contractors and applicants, neither BeeperMD, nor any of its subsidiaries or affiliates, assumes any responsibility for any of the acts or omissions of any Third Party Contractors or Client, such as property damage, theft, intentional torts or bodily injury that may result in connection with the services a Third Party Contractors may perform for a Client. BeeperMD does not endorse any products or recommendations by Third Party Contractors communicated with you. You acknowledge that your reliance on any Third Party Contractors or any information provided to you by any Third Party Contractors via the Service is solely at your own risk and you assume full responsibility for all risk associated herewith.
Ownership of Service
The Service and all of its content, including without limitation all copyrights, patents, trademarks, service marks, and trade names, as well as all logos, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof, and all other intellectual property (collectively referred to as the “Content”), are all proprietary and owned or controlled by BeeperMD, our licensors, and certain other third parties. All right, title, and interest in and to the Content available via the Service is the exclusive property of and owned by BeeperMD, our licensors or certain other third parties, and is protected by United States and international copyright, trademark, trade dress, patent or other intellectual property laws to the fullest extent possible.
A limited, revocable, nontransferable license is granted to temporarily download one copy of the intellectual property displayed via the Service for personal, non-commercial transitory viewing only. This is not a transfer of title, right, or interest in the Service or Content. The license does not give you the right to, and you are strictly prohibited from, copying the Content, modifying the Content, using the Content for any commercial purpose, publicly displaying the Content, attempting to decompile or reverse engineer the Content, removing any copyright, trademark, or other proprietary notations from the Content, or otherwise infringing upon the intellectual property rights of BeeperMD or its licensors. This license shall automatically terminate if you violate any of these restrictions, or any provision of the Terms, and may be terminated by BeeperMD at any time for any or no reason. Upon termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format. Except as expressly provided in these Terms, no assignments or license of intellectual property are granted by BeeperMD.
You may use the Service only for lawful purposes and shall not: (1) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (2) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (3) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (4) interfere with or disrupt the integrity or performance of the Service or its related systems or networks. We reserve the right to determine whether or not your use of the Service is acceptable and to immediately revoke your access to the Service at our sole discretion.
Some features of the Service may now or in the future allow you to provide content, such as written comments or reviews, to be published or displayed on public areas of the Service (“User Content”). All content submitted by you to the Service may be retained by us indefinitely, even after you terminate your account. By submitting any User Content, you grant to BeeperMD a perpetual, worldwide, irrevocable, non-exclusive, royalty-free license to use the User Content in any manner, including to create derivative works, without any compensation or notice to you. Your User Content may be posted and transmitted to others at your own risk. We cannot control the actions of other users of the Service with whom you may choose to share your User Content.
Mobile Application License
If you access the Service via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with these Terms.
You agree you will not (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or any other licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
Disclaimer and Limitations of Liability
THE SERVICE AND ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE OR PURCHASED THROUGH THE SERVICE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS, AND CONDITIONS WITH RESPECT TO THE SERVICE AND ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE THROUGH THE SITE, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICE (OR ANY PART THEREOF) WILL BE ACCURATE, COMPLETE, OR ERROR-FREE, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE, WILL BE COMPATIBLE WITH THE SERVICE, AND YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE AND SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO ACCESS AND USE THE SERVICE AND (B) ENSURE THAT ANY SOFTWARE, HARDWARE, AND SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE SERVICE. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SERVICE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SERVICE.
WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE SERVICE, NOR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SERVICE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. FURTHER, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE SERVICE OR FROM ANY INFORMATION OR MATERIALS ON THE SERVICE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE SERVICE.
IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD, OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.
If you are a California resident, you agree to consciously waive all claims, both known and unknown that may be later discovered, to the maximum extent permitted by law, including but not limited to that permitted by California Civil Code Section 1542, which states “[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Except to the extent prohibited under applicable law, you agree to indemnify, defend, and hold harmless BeeperMD and its officers, directors, employees, and agents from and against any claims, losses, liabilities, damages, costs, or expenses, including attorneys’ fees and costs, that may arise from or in connection with (a) your use of, or activities in connection with, the Service, including use of any good, product, or service purchased through the Service, (b) violation of these Terms by you, and (c) the acts or omissions of any other User. If you fail to promptly indemnify and defend a covered claim, BeeperMD shall have the right to defend itself, and in such case, you shall promptly reimburse BeeperMD for all of its associated costs, attorney’s fees and expenses. BeeperMD reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification.
Account, Password, and Security
If applicable now or in the future, you may only create and hold one account for your personal use. You are the sole authorized user of your account and agree to provide true, accurate, current, and complete information about yourself in connection with your account. You are responsible for maintaining the security and confidentiality of any password and account number provided by you or BeeperMD for accessing the Service. You are solely and fully responsible for all activities that occur under your password or account. BeeperMD may assume that any communications it receives through your account have been made by you unless BeeperMD receives notice otherwise. BeeperMD expressly disclaims any liability from misuse of your account. Should you suspect that any unauthorized party may be using your password or account or you suspect any breach of security, contact BeeperMD immediately at 866-550-2212. You will not sell, transfer, or assign your account or any account rights. Accounts may only be set up by the individual that is the subject of the account, and who is of the age of majority. We generally do not review accounts for authenticity and are not responsible for any unauthorized accounts that may appear on the Service. For any dispute as to account creation or authenticity, we shall have the sole right, but are not obligated, to resolve such dispute as we determine appropriate in our sole and exclusive discretion, with or without notice.
YOU ARE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SERVICE BY ANYONE USING YOUR PASSWORD AND IDENTIFICATION WHETHER OR NOT SUCH ACCESS TO AND USE OF THE SERVICE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS, TRANSMISSIONS, ORDERS, PAYMENTS, FINANCIAL TRANSACTIONS, AND OTHER OBLIGATIONS INCURRED THROUGH SUCH ACCESS OR USE.
Links to Other Websites
The Service may provide links to other third-party websites (“Linked Sites”). BeeperMD has not reviewed all of the information on the Linked Sites, does not maintain Linked Sites, and cannot control the completeness, accuracy, or security of the content contained on any Linked Site. The content of, including materials and information contained on, any Linked Site is solely the responsibility of the provider of that Linked Site. BeeperMD is not responsible for the contents of any such Linked Site, and the inclusion of any link to a Linked Site does not imply endorsement by BeeperMD of the Linked Site. The views and opinions expressed in Linked Sites are those of the authors or third parties and do not necessarily reflect the official policy or position of BeeperMD. If you decide to access any Linked Site, you do this entirely at your own risk. References to any names, marks, products, or services of any third parties, third-party information, or Linked Sites are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship, recommendation of, or affiliation with, the third party or its products and services. BeeperMD makes no representation or warranty as to any Linked Site content, products, or services, and you agree that BeeperMD shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, products, or services available on or through any Linked Site or similar resource.
AS PERMITTED BY APPLICABLE LAW, WE SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR SPECIAL LOSS, OR OTHER DAMAGE, WHETHER ARISING FROM NEGLIGENCE, BREACH OF CONTRACT, DEFAMATION, INFRINGEMENT OF COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY RIGHTS, CAUSED BY THE EXHIBITION, DISTRIBUTION, OR EXPLOITATION OF ANY INFORMATION OR CONTENT CONTAINED WITHIN THESE THIRD-PARTY SERVICES.
Third Party Applications
BeeperMD is not responsible for the services provided by any third-party application. If you decide to use any third-party application service, including in connection with BeeperMD, you do this entirely at your own risk. BeeperMD makes no representation or warranty as to any third-party application, products, or services, and you agree that BeeperMD shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party application, products, or services made available to you by BeeperMD solely for your convenience. We recommend you review the terms and policies of any third-party applications prior to your use of or access to the same.
Payment Terms and Fees
If applicable now or in the future, certain features of the Service, including, without limitation, subscribing to a membership or the placing or receipt of service orders, may require you to make certain payments, including commissions or other fees. Any fees that BeeperMD may charge you for your use of or access to the Service are due immediately when charged by BeeperMD and are non-refundable. This no refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to our Service either planned, accidental or intentional, or any reason whatsoever. BeeperMD reserves the right to determine and change any payment term, rate, mechanism, or structure at any time with notice to you. BeeperMD, in its sole discretion, may offer credits or refunds on a case-by-case basis.
Fees will be displayed in United States Dollars. By confirming your purchase at the end of the checkout process, you agree to accept and pay the fees as well as all applicable taxes and currency conversion fees. If you cancel within 24 hours of the appointment you will be charged $25 and if you no-show your appointment you will be charged $50.
BeeperMD may from time to time offer special promotions or offers. Promotional codes, discounts, and offers (“Promotions”) are limited in nature and may expire or be discontinued with or without notice. Promotions are void where prohibited by law. Promotions may not be copied, sold, or otherwise transferred. They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice. We reserve the right in our discretion to impose conditions on the offering of any Promotions. Other Promotions, including sweepstakes, contests, raffles, surveys, or games, may be governed by rules that are separate from or supplement these Terms. If you participate in any Promotions, please review the applicable rules. If the specific rules for a Promotion conflict with these Terms, the Promotion rules will govern.
BeeperMD may use third party services to process payments which have their own separate terms of service. While BeeperMD will use commercially reasonable efforts to ensure the security of all payment information such as credit cards or bank account numbers, BeeperMD expressly disclaims any liability for any damage that may result should any third parties gain access to such information, and you agree to hold BeeperMD harmless for any damages that may result therefrom.
You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. All billing information you provide to us must be current, complete, truthful, and accurate. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. Providing any untruthful or inaccurate information is a breach of these Terms and may result in cancellation of your order. Prior to accepting an order, we may also request additional information from you. Verification of information may be required prior to the acknowledgment or completion of any transaction. We reserve the right to refuse or cancel an order for any reason including limitations on availability, inaccuracies, or errors in service or pricing information, or problems identified by our credit and fraud avoidance department. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will attempt to contact you if all or any portion of your order is canceled or if additional information is required to accept your order. BeeperMD may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction. We are not responsible for any fees or charges that your bank or credit card issuer may apply
If you are a California resident, in accordance with Cal. Civ. 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 or (916) 445-1254.
Termination and Suspension
BeeperMD may terminate or suspend your right to use the Service at any time and for any reason. Without limitation, BeeperMD may terminate or suspend your right to use the Service at its sole discretion, without refunding any unused fees or credit on your account, if you violate any term of this Agreement or any policy of BeeperMD posted on the Service, or if BeeperMD otherwise finds that you have engaged in unlawful or inappropriate behavior in connection with your use of the Service. In addition to terminating or suspending your account, BeeperMD reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. Even after your right to use the Service is terminated or suspended, this Agreement will remain enforceable against you regarding your prior use of the Service.
Modifications to the Service
BeeperMD reserves the right in its sole discretion to review, improve, modify, or discontinue, temporarily or permanently, the Service or any content or information on the Service with or without notice. BeeperMD will not be liable to any party for any modification or discontinuance of the Service, in part or in its entirety.
Arbitration of All Claims on an Individual Basis
You and BeeperMD agree that any and all disputes or claims that have arisen or may arise between you and BeeperMD that relate in any way to your participation in, use, or access of the Service, including but not limited to services provided by a Third Party Contractors, or the actions of BeeperMD or its agents, shall be resolved through confidential, final and binding arbitration rather than in court, with the exception of any dispute relating to the enforcement or validity of intellectual property rights. The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this Agreement to arbitrate.
If a dispute arises between you and BeeperMD, we want to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost-effective means of resolving the dispute quickly. Please contact us regarding disputes between you and BeeperMD related to the Service.
UNLESS YOU AND BeeperMD AGREE OTHERWISE, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL PROCEEDING. ALSO, TO THE EXTENT AVAILABLE BY LAW, AND SUBJECT TO THE DAMAGE LIMITATIONS DISCUSSED HEREIN, THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR, AND FOR THE BENEFIT OF, THE INDIVIDUAL PARTY SEEKING RELIEF. If a court decides that any part of this agreement to arbitrate is invalid or unenforceable, the other parts of this Section shall still apply. Specifically, if a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim or a particular request for a remedy (such as a request for public injunctive relief), then that claim or that remedy request (and only that claim or that remedy request) may be severed from the arbitration and may be brought in court, subject to your and BeeperMD’s right to appeal the court’s decision. All other claims shall be arbitrated.
The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and held in Broward County, Florida or any another mutually agreed location.
The arbitrator’s award shall be confidential, final, and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Payment of all filing, administration, and arbitrator fees will be governed by the JAMS’s rules which can be found online through the JAMS website athttps://www.jamsadr.com/.
Governing Law and Venue
This Agreement is governed, construed, and enforced under the laws of the State of Florida, without regard to choice of law principles. Any action arising under or related to this Agreement shall be filed in a state or federal court located in Broward County, Florida (except for small claims court actions which may be brought in the county where you reside). You hereby submit to the jurisdiction and venue of said courts and consent to service of process by email in any legal proceeding.
You and BeeperMD agree that if any portion of these Terms is found illegal or unenforceable, that portion will be construed to be enforceable to the maximum extent permitted by law and the remainder of the Terms will remain valid and enforceable to the maximum extent permitted by law.
No independent contractor, agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship is intended or created by these Terms
Entire Agreement & Notice
You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date. You further agree that other than inquiries or notices where separate contact information is specified herein (such as DMCA or security reporting), you will contact us directly with any inquiries or notices regarding these Terms.
Questions and How to Contact Us
If you have any questions regarding these Terms or otherwise need to contact us, please contact us at 866-550-2212, or by United States mail at 220 Hillsboro Technology Dr, Ste 230, Deerfield Beach, Florida, 33441, United States.