TERMS OF USE

These Terms and Conditions of Use (“Terms of Use” or “Terms”) govern your use of our online interfaces and properties (e.g., websites and mobile applications), which are owned and controlled by VivioMD Group LLC. (“VivioMD,” “we,” or “us”), including the www.VivioMD.com website (collectively, the “Site”), as well as the services available to users. The non-clinical business support services we provide, and our Site, are collectively referred to herein as the “Platform”. The terms “you” and “your” mean you, the user.

Through the Site, we offer an online communication platform for health care professionals and users to connect using synchronous and asynchronous telecommunications technologies. We contract with OpenLoop Healthcare Partners P.C. (“OpenLoop”), and all members of OpenLoop’s affiliated professional entities and or other 3rd party telehealth providers (collectively, “Medical Groups”), which are independent medical groups with a network of United States based health care providers (each, a “Provider”) to provide online telehealth clinical consultations, services, and/or treatment. The professional medical services provided by the Medical Groups through the use of our Platform are collectively referred to in these Terms of Use as the “Services”.

Your acceptance of, and compliance with, these Terms of Use is a condition to your use of the Site and the Services. By clicking “Accept” you acknowledge you have read, understand, and accept all terms and conditions contained within these Terms of Use and our Privacy Policy. If you do not agree to be bound by these Terms of Use, you are not authorized to access or use this Site or the Services. If that is the case, promptly exit this Site.

These Terms of Use provide that all disputes between you and VivioMD that in any way relate to these Terms of Use or your use of the Site or the Services will be resolved by binding arbitration. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT, INCLUDING AS PART OF A CLASS ACTION PROCEEDING, TO ASSERT OR DEFEND YOUR RIGHTS UNDER THESE TERMS OF USE. Your rights will be determined by a neutral arbitrator and not by a judge or jury, and your claims cannot be brought as part of a class action. Please review the Section below entitled Dispute Resolution; Arbitration Agreement for the details regarding your agreement to arbitrate any disputes with VivioMD.

VivioMD reserves the right to modify these Terms of Use at any time, effective upon posting. Any use of this Site and the Services after such changes are effective will be deemed an acceptance of those changes. You agree to review the Terms of Use each time you access the Site so that you may be aware of any changes to these Terms.

The content of the Site, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnoses, treatment, or recommendations of any kind by VivioMD. YOU SHOULD ALWAYS SEEK THE ADVICE OF A QUALIFIED HEALTH CARE PROFESSIONAL WITH ANY QUESTIONS OR CONCERNS YOU MAY HAVE REGARDING YOUR INDIVIDUAL NEEDS AND ANY MEDICAL CONDITIONS.

VivioMD’s Site and the Services are not intended for use in the event of medical emergencies or other urgent situations. You should not disregard or delay seeking medical advice based on anything that appears or does not appear on the Site. You should seek emergency help or follow-up care when recommended by a Provider or when otherwise needed. You should continue to consult with your primary health care provider(s) and other health care professionals as recommended. Always seek the advice of a physician or other qualified health care provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or modification. If you believe you are experiencing any sort of a medical emergency, call 911 immediately.

AVAILABILITY OF SERVICES

VivioMD currently offers services in 49 U.S. states; services are not available in Louisiana. However, VivioMD, the Medical Groups, and the Providers operate subject to federal, state, and local laws and other requirements, which may mean the Services will not be available in your state. You represent that you are not a person barred from enrolling for and/or receiving the Services under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Site and/or the Services is limited exclusively to users located in States within the United States where the Services are available. The Services are not available to users located outside the United States. Accessing the Services from jurisdictions where content is illegal, or where we do not offer Services, is prohibited.

MEDICATION FULFILLMENT / Our Pharmacies
VivioMD coordinates medication fulfillment through the following licensed pharmacies:VivioMD coordinates medication fulfillment through the following licensed pharmacies:
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RedRock Pharmacy (compounding)
https://www.redrockhomepharmacy.com
1240 E 100 S #220, St. George, UT 84790
801-433-9500

Health Warehouse (retail)
https://www.healthwarehouse.com
7107 Industrial Rd., Florence, KY 41042
800-748-7001

Triad Rx (compounding)
https://www.triadrx.us
26258 Pollard Road, Daphne, AL 36526
251-380-7630
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Prescription medications are only available if clinically appropriate and legally permissible, and only after consultation with a licensed provider. VivioMD does not guarantee that a prescription will be written.

PAYMENTS, SUBSCRIPTIONS, AND REFUNDS
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Payment Authorization
By submitting payment information through the Platform, you authorize the Medical Groups, their affiliates, and their third-party payment processors to charge the payment method provided for all fees associated with the Services you select at checkout. This may include charges from Medical Groups, Providers, pharmacies, and laboratories. You agree to keep your payment information current and accurate at all times.

‍Responsibility for Fees
You understand and agree that you are responsible for all fees due for Services and Healthcare Services, including any fees charged by the Medical Groups, Providers, pharmacies, and laboratories that provide Healthcare Services to you in connection with the Services. Payments to the Medical Groups may include amounts collected on behalf of Providers, pharmacies, and laboratories. Any Healthcare Services not provided by a Provider, a Medical Group, or a participating pharmacy network, or otherwise made available through the Services, are not included in the payments collected by the Medical Groups and may be separately billed to you by the applicable health care organization or provider. In the event that your payment method expires or cannot be processed, you may be asked to provide an alternative payment method. The Medical Groups and/or Providers have no obligation to provide Healthcare Services or pharmacy services unless and until full payment has been received and/or verified.

‍Membership Subscriptions
Program membership fees are billed in advance for the subscription period you select (e.g., monthly, quarterly, annual). Unless cancelled prior to the renewal date, your membership will automatically renew for successive terms of equal length at the then-current rate. If you received a promotional rate or discount tied to a minimum commitment period and you cancel before completing that period, the discount will be forfeited and amounts for completed months will be recalculated at the full, undiscounted rate.

‍Medication Subscriptions
Medication orders may be transmitted automatically once a Provider within the Medical Groups approves your prescription. Under federal and state law, prescription medications generally cannot be returned to pharmacies for refund or reuse once ordered for a patient. You may cancel a medication subscription before the applicable medication order has been placed, subject to the cancellation and refund rules in our refund policy.

‍Refunds
If your Subscription Service is cancelled by notifying patient support within the first seventy-two (72) hours of your Subscription term and you have not received any Subscription Services, you will be issued a full refund. If your Subscription Service is cancelled due to disqualification by a healthcare provider, you will be issued a refund for your Subscription Service charges following the disqualification. Monthly Subscription Services are not refundable for the month in which cancellation occurred or for any prior months. If your Subscription Service is charged two or more months at a time, you will be issued a refund for the months for which no medication was shipped to you. Other than as outlined in the refund policy, refunds will not be issued upon cancellation of the Subscription Services.

For more information on cancellations and refunds, please see our refund policy at https://viviomd.com/refund-policy
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[KEEP the remaining standard sections unchanged from the new-site Terms: Eligibility; Site Access; Security · Consent to Communications and Telehealth · Intellectual Property Rights · Prohibited Uses · Accuracy of Information · No Functionality Guarantees · Links to Third Party Sites · User Information · Claims of Copyright Infringement · Disclaimer of Warranties · Indemnification · Limitation of Liability · Assignment · Force Majeure · Dispute Resolution; Arbitration Agreement · Miscellaneous Terms. These are legal boilerplate and unchanged — the new-site versions are clean.]

HOW TO CONTACT US

VivioMD Group LLC

16192 Coastal HighwayLewes, DE 19958

678-258-9290

info@viviomd.com