Agreement between User and www.viveconcierge.com
Welcome to www.viveconcierge.com. The www.viveconcierge.com website and the mobile app (collectively the “Site”) is comprised of various web pages operated by Vive Concierge, Inc. (“Vice Concierge”). www.viveconcierge.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.viveconcierge.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.viveconcierge.com is an E-Commerce Site.
Empowering individuals through innovative healthcare solutions, and enhancing patient care with advanced technology and inclusive services. The website is used to market and describe these services.
PRIVACY
Your use of the Siteis subject to Vice Concierge’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
ELECTRONIC COMMUNICATIONS
Visiting the Site or sending emails to Vice Concierge constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
CHILDREN UNDER THIRTEEN
Vice Concierge does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If Vive Concierge is made aware of collecting information from a child under 13, we will delete this information. If you are under 18, you may use www.viveconcierge.com only with permission of a parent or guardian.
DATA RETENTION
We will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy statement, including to meet our legal obligations, resolve disputes, and enforce our agreements, unless a longer retention period is required or permitted by law.
EVALUATION AND QUALITY IMPROVEMENT
We will periodically ask users to complete surveys asking about their experiences with features of the Site. Our surveys ask visitors for demographic information such as age, gender, and education, but will not request that users provide specific information about any medical condition. We use survey information for evaluation and quality improvement purposes, including helping Kaiser Permanente to improve information and services offered through the Site. In addition, users giving feedback may be individually contacted for follow-up due to concerns raised during the course of such evaluation. Demographic information and Web log data may be stored for future evaluation and quality improvement activities.
LOCATION
An IP address (also called Internet address) is assigned to your device by your Internet Service Provider, and is a requirement to use the internet. IP addresses are used to make the connection between your device and the websites and services you use. You can’t prevent a website or app from getting the IP address of your device. Your IP address includes some general information about your device location and we use that to display your proximate location in the website and mobile app user experience. We derive your internet device’s proximate location from your IP address, which is provided to us when you come to the Site. We do this to provide you with a customized experience on our Site, including the display of location-based information that’s relevant to you and your care.
With your permission, we may collect your precise device location using technologies like GPS, Wi-Fi, and Bluetooth, to help you find a facility, doctor, or directions within a facility or to provide you with timely notices when you visit a facility. Please note that in the App, you may opt in or out of location-based services by editing the App location setting at the device level.
LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES/THIRD PARTY APPLICATIONS
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Vice Concierge and Vice Concierge is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Vice Concierge is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Vice Concierge of the site or any association with its operators. If you submit personal information to any of those sites, your information is governed by their privacy statements. We encourage you to carefully read the privacy statement of any website you visit.
Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.viveconcierge.com domain, you hereby acknowledge and consent that Vice Concierge may share such information and data with any third party with whom Vice Concierge has a contractual relationship to provide the requested product, service or functionality on behalf of www.viveconcierge.com users and customers.
At your request, we may send your personal information to apps that are created and owned by a third party. Vive Concierge does not control the app or app provider and is not responsible for the integrity, privacy, security or breach of data transferred to, or stored in the app, or the use or disclosure of data by the app or the app provider once the data are released by Vive Concierge. We encourage you to carefully review the terms of use and privacy policy and settings that apply to the app and the app provider and approve release of data only to those apps and app providers that you trust.
NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY
You are granted a non-exclusive, non-transferable, revocable license to access and use www.viveconcierge.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Vice Concierge that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Vice Concierge or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Vice Concierge content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Vice Concierge and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Vice Concierge or our licensors except as expressly authorized by these Terms.
INTERNATIONAL USERS
The Service is controlled, operated and administered by Vive Concierge from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Vice Concierge Content accessed through www.viveconcierge.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Vice Concierge, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Vice Concierge reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Vice Concierge in asserting any available defenses.
DISPUTES AND BINDING ARBITRATION
Any dispute or claim relating in any way to your use of this Site or these Vive Concierge Terms will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Vive Concierge, Inc., Attention: Claims, 3756 Santa Rosalia Drive, Suite 222, Los Angeles, California 90008. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Vive Concierge will not seek attorneys’ fees or costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submission, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Without limiting the Disclaimer of Warranties and Limitation of Liability terms in Vive Concierge’s Conditions of Use, and unless otherwise required by applicable law, in no event will our aggregate liability with respect to any claim arising from or relating to this Agreement or your use of the Vive Concierge services exceed the fees paid by you for the particular information or service provided.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. VIVE CONCIERGE, IN. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
VIVE CONCIERGE, IN. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. VIVE CONCIERGE, IN. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VIVE CONCIERGE, IN. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF VIVE CONCIERGE, IN. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
TERMINATION/ACCESS RESTRICTION
Vice Concierge reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Vice Concierge as a result of this agreement or use of the Site. Vice Concierge’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Vice Concierge’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Vice Concierge with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Vice Concierge with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Vice Concierge with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
MODIFICATIONS/CHANGES TO TERMS
Vice Concierge may change, suspend, or discontinue its services, or any part of it, at any time without notice. Vive Concierge may amend any of this Agreement’s terms or the Terms under which www.viveconcierge.com is offered at our sole discretion by posting the revised terms on the Vive Concierge website. Your continued use of the Vive Concierge services after the effective date of the revised Agreement constitutes your acceptance of the terms. Vive Concierge’s failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of its rights. Vive Concierge encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Vice Concierge welcomes your questions or comments regarding the Terms:
Vive Concierge, Inc.
3756 Santa Rosalia Drive, Suite 222
Los Angeles, California 90008
Email Address: admin@viveconcierge.net
Telephone number:+1 (310) 492-4003
Effective as of October 01, 2024