TERMS OF USE - VIGOR
Online Visit with Doctor and Discreet Delivery for Treatment of ED

TERMS OF USE

END USER AGREEMENT – JANUARY 2020

YOUR USE OF VIGOR IS CONDITIONED UPON YOUR ACCEPTANCE OF THESE TERMS OF USE (the “Agreement”).
BY CLICKING THE “I AGREE TO THESE TERMS OF USE” BOX WHEN COMPLETING AN VIGOR ACCOUNT REGISTRATION FORM, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU CANNOT ESTABLISH A VIGOR ACCOUNT.
THESE TERMS OF USE, MATERIALS REFERENCED IN THIS DOCUMENT, AND THE CONTENT OF THE VIGOR WEBSITE ARE SUBJECT TO CHANGE AT VIGOR SOLE DISCRETION. ANY CHANGES MADE ARE EFFECTIVE UPON POSTING.

ACCOUNT ENROLLMENT

VIGOR is an online healthcare service as further described in “Consent to Telehealth Services” below in this Agreement (occasionally referred to herein as the “Service”). To access the Service, you must first enroll to establish an individual user account (“Account”), by providing certain information. You agree that you will not create more than one Account or create an account for anyone other than yourself. In creating an Account, you agree to: (i) provide true, accurate, current, and complete information about yourself as prompted by our Account enrollment form; and (ii) each time you log on, maintain and promptly update such Account information to keep it true, accurate, current, and complete. We reserve the right to suspend or terminate your Account and refuse any and all current or future use of the Service at any time in our sole discretion. You represent and warrant that you are at least 18 years of age and possess the legal right and ability, on behalf of yourself, to agree to this Agreement.

CONSENT TO TELEHEALTH SERVICES

Telemedicine involves the delivery of health care services using electronic communications, information technology, or other means between a health care provider and a patient who are not in the same physical location. Telemedicine may be used for diagnosis, treatment, follow-up and/or related patient education, and may include, but is not limited to: (i) electronic transmission of medical records, photo images, personal health information, or other data between a patient and health care provider; (ii) interactions between a patient and health care provider via audio, video, and/or data communications; and (iii) use of output data from medical devices, sound, and video files.
The electronic systems used in the Services will incorporate security protocols to protect the privacy and security of health information and imaging data and will include measures to safeguard the data to ensure its integrity against intentional or unintentional corruption.
VIGOR does not provide any medical services, including via the Services. VIGOR only provides a technology platform for you to access a health care provider contracted with VIGOR and obtain access to additional information, which you may or may not choose to utilize in planning your health care and wellness. The resources made available through our Service are not a substitute for direct in-person health care services in all cases. You understand that you are not entering into a provider-patient relationship with VIGOR.

AVAILABILITY

The Service is currently only available to individuals located in certain states in the United States of America (“States Where We Operate”). For the current list of States Where We Operate, please visit the frequently asked questions page of www.hisvigor.com. VIGOR does not operate outside of the United States of America. VIGOR makes no representation that the information and services you access through your Account are applicable to, appropriate for, or available to users in locations outside the United States of America. Accessing the Service from territories where the content is illegal is prohibited. If you choose to access the site or mobile app from a location outside the United States of America, you do so on your own initiative, and you are responsible for compliance with local laws.

WEBSITE/MOBILE APP CONTENT

Other than information received directly by you from providers, the content on the VIGOR website and mobile app should not be considered medical advice. None of the content on the VIGOR app or website represents or warrants that any particular medication or treatment is safe, appropriate, or effective for you. For the avoidance of doubt, VIGOR does not recommend or endorse any specific tests, providers, medications, or products.

ACCEPTABLE USE

You agree not to access or use your Account or the Service in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes this Agreement. You shall not attempt to disrupt the operation of the Service by any method. You shall not use your Account in any manner that could damage, disable, or impair the Service. You shall not attempt to gain unauthorized access to any user accounts or computer systems or networks through hacking, password mining, or any other means. You shall not use any robot, scraper, or other means to access your Account and the Service for any purpose. Using our Service on a mobile phone with a modified operating system (aka “jailbreaking”) is a breach of this Agreement as the modified operating system may undermine security features specifically incorporated into the Service.

INTELLECTUAL PROPERTY

All the content available on or through your Account or the Service is the property of VIGOR its Affiliates or its licensors and is protected by copyright, trademark, patent, trade secret, and other intellectual property law. You are not authorized to use any such intellectual property without the express written permission of VIGOR or its licensors.

LINKS TO THIRD-PARTY HYPERLINKS AND WEBSITES

The Service may contain hyperlinks or references to other websites (“Linked Sites”) operated by third parties. The Linked Sites may not be under our control, therefore, we are not responsible for the information, products or services described thereon, or for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these Linked Sites to you only as a convenience, and the inclusion of any link does not necessarily imply endorsement of the Linked Site or any association with its operators. You understand and agree that we are not responsible for the information, products or services described on those Linked Sites and only these Terms of Use will apply to your use of or access to the Service.

LIMITATION OF LIABILITY

EXCEPT AS PROHIBITED BY LAW, AND WITHOUT LIMITATION:

  • YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF AN ACCOUNT IS AT YOUR SOLE RISK. YOUR ACCOUNT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. VIGOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; AND (B) VIGOR AND ITS AFFILIATES MAKE NO WARRANTY THAT (i) YOUR ACCOUNT WILL MEET YOUR REQUIREMENTS, (ii) YOUR ACCOUNT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF YOUR ACCOUNT WILL BE ACCURATE OR RELIABLE.

  • IN THE EVENT OF ANY PROBLEM WITH YOUR ACCOUNT OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING YOUR ACCOUNT. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS SECTION, IN NO EVENT WILL VIGOR, ITS AFFILIATES OR LICENSORS BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), CONTRACT, WARRANTY, STATUTE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE OR DATA, SERVICE INTERRUPTION, COMPUTER OR MOBILE PHONE DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE OF (OR INABILITY TO USE) THE SITES OR ANY SERVICES PROVIDED THROUGH THE SITES, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITES. THIS IS TRUE EVEN IF RO OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

NON-DISCLOSURE AND CONFIDENTIALITY

By establishing an Account, you will have access to confidential information of VIGOR, its Affiliates and licensors (“Confidential Information”) that may include, but is not limited to, software, codes, technology, logic, techniques, formats, tools, designs, concepts, methods, processes, ideas, functional specifications, technical materials and information, and related documentation.
You shall implement and maintain appropriate safeguards to protect the confidentiality, integrity, and availability of all Confidential Information, to protect against reasonably anticipated threats or hazards, and to prevent use or disclosure of Confidential Information accessed through your Account other than as permitted by this Agreement or required by law. Such safeguards shall comply with all applicable federal, state, and local requirements and with security measures and controls that may be required from time to time by VIGOR and its affiliates and licensors. You immediately shall notify and cooperate fully with VIGOR in the event you discover or suspect any unauthorized use of or access to VIGOR or any inappropriate use or disclosure of information contained in VIGOR or obtained through use of VIGOR.

OPERATING AND RECORD RETENTION

VIGOR reserves complete and sole discretion with respect to the operation and use of the Service. VIGOR may collect, retain, and use records and other data and information relating to your use of the Service or your Account including, but not limited to, the history of use. VIGOR may also, among other things, withdraw, suspend or discontinue the Service or any functionality or feature of the Service. VIGOR reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to VIGOR or your Account pursuant to any internal record retention and/or destruction policies as such policies may be amended from time to time.

INDEMNIFICATION

Without limiting the generality or effect of other provisions of this Agreement, as a condition of use of your Account, you agree to indemnify, hold harmless, and defend VIGOR and its parents, subsidiaries, affiliates, licensors, suppliers, and the officers, directors, subcontractors, agents and employees of each of them (collectively, “Indemnified Parties” and each, individually, an “Indemnified Party”) against all costs, expenses, liabilities and damages (including reasonable attorney’s fees) incurred by any Indemnified Party in connection with any third-party claims arising out of: (i) your use of your Account or the Service; (ii) your failure to comply with any applicable laws and regulations; and (iii) your breach of any of your obligations set forth in this Agreement. You shall not settle any such claim without the written consent of the applicable Indemnified Party.

PAYMENT

You agree to pay all fees due for Service as and when requested. You understand and agree that you are responsible for all fees due to receive health care services and pharmacy services, including any fees charged by the health care organization(s) or provider(s). Your payments to VIGOR may include fees charged by health care organization(s) or provider(s) for health care services and/or pharmacy services, which VIGOR collects on their behalf. VIGOR and/or the health care organization(s) and/or provider(s) have no obligation to provide any health care services or pharmacy services unless and until full payment has been received and/or verified.

ELECTRONIC NOTICES

You agree that VIGOR may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications, or other records regarding VIGOR (collectively, “Notices”). VIGOR can send you electronic Notices (1) to the email address that you provided to VIGOR during registration for VIGOR or (2) by posting the Notice on the VIGOR website or mobile app. The delivery of any Notice from VIGOR is effective when sent or posted, regardless of whether you read the Notice or whether you receive the delivery.

TERMINATION

You or VIGOR may suspend or terminate your access to your Account at any time, for any reason or for no reason at all. If you would like to terminate your account for any reason, VIGOR Support should be contacted at the following number: (844) 365-1643. VIGOR has the right (but not the obligation) to refuse to provide access to an Account to any person, agency or organization at any time, for any reason or for no reason at all, in our sole discretion. VIGOR reserves the right to change, suspend, or discontinue all or part of your Account, temporarily or permanently, without prior notice.

MISCELLANEOUS

By establishing an Account, you agree to the applicability of the laws and jurisdiction of the Commonwealth of Pennsylvania, without regard to any principles of conflict of laws, for any matters related to your access or use of VIGOR. Any dispute arising under or relating in any way to these Terms of Use will be resolved exclusively by final and binding arbitration in Pittsburgh, Pennsylvania under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction. The parties agree that the courts located in Pittsburgh, Pennsylvania shall have exclusive personal jurisdiction, subject matter jurisdiction, and venue for any such claim.
If any provision of these terms of use is held to be illegal, void or unenforceable, then such terms may be modified or amended to the extent necessary to enable the remaining provisions to be enforceable and effective. You may not assign, transfer or delegate your rights and obligations under this Agreement.