Vivo Fill My Refill Terms of Service

Introduction

We want to make sure that you understand our Terms of Service and are an active participant in your health—online and off. Please read these Terms carefully before you access the Services. They are a legal agreement between Northwell and you.

At Northwell we aim to make our patients’ experience with us extraordinary and we created the Services as part of that goal. As we strive to make this happen, you are in control over what you access, its interpretation and usage. Use of the Services by you is entirely at your own risk. Please read these Terms carefully before you use or access the Services (defined below), as they are a legal agreement between Northwell and you. THESE TERMS CONTAIN IMPORTANT PROVISIONS THAT LIMIT OUR LIABILITY AND THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES, INCLUDING PROVISIONS THAT REQUIRE YOU TO BRING CLAIMS ON AN INDIVIDUAL BASIS AND NOT AS PART OF A CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. By clicking "I accept" or by accessing or using the Services, you accept and agree to be bound by these Terms without limitation or qualification. IF YOU DO NOT AGREE TO THESE TERMS, INCLUDING THE CLASS ACTION WAIVER, YOU MAY NOT ACCESS OR USE OUR SERVICES OR ORDER ANY PRODUCTS THROUGH THE SERVICES.

Clarifying terms

There are words or phrases we will use throughout these Terms to reference parts of the Northwell Health system. Familiarizing yourself with these words or phrases will help you better understand the information presented to you. Northwell Health, Inc. and its subsidiaries and affiliated hospitals, facilities, physicians, providers, ancillary providers and companies (collectively, "Northwell", "we", "us" or "our"), thank you for using our Services. These Terms of Use ("Terms") govern your access to and use of the mobile application ("App"), the vivorefills.com. website, and other online services that link to these Terms (collectively, the "Services"). In addition, the Services include all software and Content provided through or as part of the Services. As used in these Terms, "Content" means all text, information, materials, images, photos, graphics, artworks, logos, videos, audios, directories, listings, databases, search engines and other content.

Who should and shouldn’t use these Services

The Services are intended for use by U.S. Citizens who are residents of New York and existing patients of Vivo Health’s Mail Order pharmacy.

MINORS

The Services are not intended for or directed to children under 18 years old. If you are under 18 years old or otherwise have not attained the age of majority in your state of residence, you must have your parent or other legal representative’s permission to use the Services.

INTERNATIONAL USE

The Services are intended for use in the United States only. All matters relating to our Services, including but not limited to, the collection and maintenance of all data collected, are governed by the laws of the United States and the State of New York unless otherwise indicated. If you use our Services, contact us or otherwise provide any information to us from outside of the United States, please be advised that you are explicitly authorizing its transfer and subsequent processing in accordance with this Terms of Service.

When and how to use the Services

This Service is not for use during medical emergencies. If you are having a medical emergency, call your doctor or call (833) 259-2367. We have created these Services to simplify managing your medications. By creating an account, you will have access to a single sign on system that will connect you to your medication profile. It is your responsibility to create and keep your username and password confidential and secure. If you username or password information is lost or stolen, or you discover someone other than you is using it, please let us know immediately at vivo.mailorder@northwell.edu New Services will be added over time and when they are, these terms will be modified accordingly.

SERVICES

Northwell has created a single sign on system for you to create a profile and access our Services and partners including:

Fill My Refills

All new Services will be added over time and terms will be modified accordingly.

Notice. Northwell may provide you with notices, including those regarding changes to the Terms, by postings on the application.

USER NAME AND PASSWORD

In order to access and use certain areas or features of the Services, you may need to register for an account. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update, as necessary, your account information, and (c) accept sole responsibility for keeping such user name and password strictly confidential. The information you provide will be used to update your account so it is important that you keep this information up-to-date. You are responsible for protecting the confidentiality and security of your user name and password and for any activity that occurs under your username. You may not permit anyone else to use your username and password, and you may not use anyone else’s username and password. You also may not attempt to gain unauthorized access to any other user’s username and password.

In order to keep your information secure, you agree to immediately notify us in the event that (i) your password is lost or stolen, (ii) any of your information is incorrect, (iii) you become aware of any unauthorized use of your username and password or (iv) you become aware of any other breach of security that might affect the Services via e-mail at vivo.mailorder@northwell.edu or via phone at 833-868-8486. We are not responsible for any information that you input into your account, any loss or damage arising from someone else using your username and password or your failure to comply with this Section.

FEEDBACK

The Services may offer you the opportunity to provide us with your comments, suggestions, ideas or other feedback (together, "Feedback"). We have the unrestricted right to use Feedback that you provide to us and you are not entitled to receive any compensation.

Terms of Sale

PAYMENT AND BILLING INFORMATION

By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges) (collectively, as applicable, an "Order"). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any payment method problems in order for us to proceed with your Order. If you want to change or update your payment method information, you can do so at any time by calling you’re the Vivo Health Mail Order pharmacy or by logging on to your account. If a payment is not successfully settled and you do not edit your payment method information or cancel your Order, you remain responsible for any uncollected amounts and, with respect to your Order, authorize us to continue billing the payment method, as it may be updated.

In some cases, we (or our third party payment processor) may authorize or reserve a charge on your payment method. The authorization is not a charge. However, it may reduce your available credit by the authorization amount. In the event that the amount of our authorization exceeds the total funds on deposit in your payment account, you may be subject to overdraft or non-sufficient funds charges by the bank issuing your payment method. We are not responsible for these charges and are unable to assist you in recovering them from your issuing bank.

PRICING AND AVAILABILITY

All prices on our Services are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. PRICES, PROMOTIONS AND OFFERS DISPLAYED ON THE SERVICES ARE SOMETIMES DIFFERENT THAN THE PRICES, PROMOTIONS AND OFFERS THAT ARE DISPLAYED IN, OR ADVERTISED FOR, VIVO PHARMACY LOCATIONS. FOR EXAMPLE, SOMETIMES PRICES ON THE SERVICES WILL BE HIGHER THAN IN-STORE PRICES. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice, including without limitation, as based on geographic or other criteria as we may establish from time to time.

All of the products sold through the Services are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering certain products and to substitute products without prior notice. We strive to provide you with high-quality products, and given the perishable nature of certain products and market conditions beyond our control, we may be required to make substitutions from time to time. If you are not satisfied with a substitution, please contact us via e-mail at vivo.mailorder@northwell.edu.

TAXES

We will collect applicable sales, use and other tax (collectively, "Tax") on products shipped to jurisdictions for which we determine we have a duty to collect Tax applicable to your purchase. If an item is subject to Tax, you agree that the amount of Tax shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in applicable Tax rates.

SHIPPING AND HANDLING

To make purchases on the Services, you must have a shipping address in New York. In certain instances, we will consider special circumstances, such as when you are traveling. We reserve the right to, in our sole discretion, to decide whether to accept Orders from patients traveling out of New York. You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to a purchase before you make your purchase. Generally, we ship products via a third party courier. When you purchase a product through our Services, any shipping times shown are estimates only. Actual delivery dates may vary. You agree that you will not obtain, or direct shipment of, a product for export.

An adult who is 18 years of age or older must be present and have a valid form of identification to sign and accept delivery of controlled substances.

All products purchased from us are made pursuant to a shipment contract. This means that when you purchase a product that is fulfilled by one of our third party fulfillment partners, title to and the risk of loss of such product passes to you upon the fulfillment partner’s delivery of such product to the third party courier, and when you purchase a product that is fulfilled by us title to and the risk of loss of such product passes to you upon the third party courier’s delivery of such product to you. You acknowledge that transportation or logistics services are provided by third party independent contractors who are not employed by Northwell.

CANCELLATIONS; REFUNDS

You cannot make changes to, or cancel, an Order once it is placed. If you are dissatisfied with any products in your Order, please contact us via e-mail at vivo.mailorder@northwell.edu or via phone at 833-868-8486. We reserve the right to, in our sole discretion, issue a refund or replacement products, or take no action.

PRODUCT INFORMATION DISCLOSURES

While we work to ensure that product information is correct, on occasion manufacturers may alter their product formula and update their product label. Actual product packaging and materials may contain more and/or different information than that shown via the Services, at a pharmacy location, or in an Order confirmation. For these reasons we do not recommend that you rely solely on the information provided via the Services, but should always read labels, warnings, and directions before using or consuming a product. For additional information about a product available for purchase through the Services, please contact the manufacturer. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition. Neither Northwell, its content provider(s) nor product manufacturers assume any liability for inaccuracies, misstatements, or omissions. In the event of an error, whether on the Services, at a Vivo Health Mail Order pharmacy, in an Order confirmation or in processing an Order, or delivering a product, we reserve the right to correct such error and revise your Order accordingly (including charging the correct price) or to cancel the Order and refund any amount charged.

RESALE

You are not permitted to resell or otherwise use the products purchased through the Services for commercial purposes.

SPECIAL OFFERS

From time to time, we may offer digital coupons or other promotions with special offers. To redeem, you must enter the promotional code found on the special offer under Payment Method during checkout. Some offers are only valid on the Services; others may only be available in our pharmacy locations. Some offers cannot be replaced if they are lost, stolen, or deleted. Special offers cannot be combined with other promotions. We reserve the right, without prior notice and at any time to limit or impose conditions on the honoring of any coupon or other promotion.

CUSTOMER SERVICE

If you have any questions or concerns relating to your Order, please contact us e-mail at vivo.mailorder@northwell.edu or via phone at 833-868-8486.

Your rights and responsibilities

You are responsible for the content you submit to the Services and making sure that it is accurate and does not violate the privacy of any other person. By submitting content to the Services, you are giving us permission to use that content for any and all lawful purposes. Personal Information and Protected Health Information submitted through our Services will be handled in accordance with our Privacy Policy and Notice of Privacy Practices. You are not allowed to use or interfere with our Services or do anything that is illegal or hinders our ability to deliver them.

PROHIBITED USES

You must not:

Use the Services except as expressly authorized in these Terms;
Impersonate another, falsify account information, or make unauthorized use of another’s information;
Copy, reproduce, sell, rent, lease, distribute, transfer, modify or make derivative works from the Services;
Remove, alter or tamper with any copyright, trademark or other proprietary rights or legal notices contained in any Content obtained through the Services;
Decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive any proprietary software code or information associated with the Services;
Submit, upload, post or transmit any user-originated Content that is: unlawful; threatening; harassing; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; offensive; excessively violent; invasive of another’s privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; libelous; hateful; discriminatory or otherwise objectionable (in our discretion);
Upload to or transmit on the Service any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or maybe, protected by copyright, without permission from the copyright owner;
Interfere in any way with the operation of the Services or any server, network or system associated with the Services, including, without limitation: hacking, mail-bombing, flooding, overloading, or making "denial of service" attacks; probing, scanning or testing the vulnerability of the Services or any server, network or system associated with the Services; breaching or circumventing firewall, encryption, security or authentication routines; accessing data not intended for you, or accessing another’s account that you are not expressly authorized to access;
Use any automated program, tool or process (including, without limitation, web crawlers, scrapers, robots, bots, spiders, and automated scripts) to access the Services or any server, network or system associated with the Services, or to extract, collect, harvest or otherwise gather Content from the Services;
Frame or otherwise create a browser or border environment around any page or Content of the Services, or deep-link to any internal page or area of the Services; or
Make any other use of the Services that violates these Terms or any applicable law.

Northwell’s rights and responsibilities

Northwell created this Application to simplify managing your medications. It is important for you to recognize that you are using this App at your own risk and that we have no control over how you interpret the content that you access. As with anything related to your health and wellness, if you have questions or concerns, contact your healthcare provider. We do not guarantee the App is error free or will be uninterrupted, and we reserve the right to monitor, suspend, or terminate your use of the App or features at our discretion in compliance with any applicable law. The Services provided are property of Northwell and/or our third parties and are protected by U.S. copyright

You agree to release Northwell and its’ affiliates from all liability in regard to your use of these Services. Northwell and its affiliates are not responsible for the consequences or reliance on any information contained herein. We do not guarantee that this App is error-free and uninterrupted (see Disclaimer of Warranties Section below for further detail). To the maximum extent allowed by law, in no event will Northwell or its affiliates be liable for any indirect, consequential, special, incidental or punitive damages, including loss of revenues or loss of profits, or any other damages, fees, fines, penalties, or liabilities arising out of your access, use or inability to use this App or the content or materials herein.

We also may present to you or post additional terms that apply to particular Services ("Services-Specific Terms") that apply to particular features of the Services. To the extent that these Terms conflict with the Services-Specific Terms, the Services-Specific Terms will control.

RESERVATION OF RIGHTS

We reserve the right at any time and for any reason, with or without notice, and without liability to you or any other user, to: (1) modify, suspend or terminate the operation or any feature of the Services; (2) restrict, limit, suspend or terminate your and/or any other user’s access to the Services; (3) monitor any user’s use of the Services to verify compliance with these Terms and/or any applicable law; (4) investigate any suspected or alleged misuse of the Services and cooperate with law enforcement and/or third-parties in such investigation; and (5) disclose information about any user’s use of the Services in connection with any law enforcement investigation, or in response to a lawful court order or subpoena.

PROPRIETARY RIGHTS

The Services are the proprietary property of Northwell and/or its third-party licensors, and are protected by U.S. and foreign copyright, trademark and other intellectual property laws. The names, marks, logos and other identifiers associated with Northwell and its products and services are trademarks and service marks of Northwell and are solely owned by Northwell.

Subject to your compliance with these Terms, we grant you a revocable, conditional and limited license to access and use the Services solely for your own personal and non-commercial use in accordance with applicable laws. If the Services permit you to download or print any Content, such Content may be used only by you and only in connection with this purpose. You may not copy or distribute any such Content. This license is personal to you and is not transferable or assignable to others, and may be revoked and terminated by us at any time and for any reason (including, without limitation, if you violate these Terms or any applicable law). We reserve all rights not expressly granted herein. Any unauthorized use, reproduction or distribution of the Services is strictly prohibited and may result in civil and/or criminal penalties.

WAIVER

A provision of the Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Northwell to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision.

DISCLAIMER OF WARRANTIES

YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE HANDLING, STORAGE, USE AND CONSUMPTION OF ANY PRODUCTS PURCHASED OR OTHERWISE RECEIVED FROM US. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY ALLERGIES YOU MAY HAVE, ADVISING US OF ANY ALLERGIES AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, USING OR CONSUMING SUCH PRODUCTS. WE ATTEMPT TO DISPLAY THE PRODUCTS AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SERVICES, INCLUDING PRICING AND PRODUCT INFORMATION, AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION. IN THE EVENT OF AN ERROR ON OUR SERVICES, IN AN ORDER CONFIRMATION, IN PROCESSING OR DELIVERING AN ORDER OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND. YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE SERVICES DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER OR BROWSER, MANUFACTURING PROCESS OR SUPPLY ISSUES AND THE AVAILABILITY AND VARIABILITY OF PRODUCTS. THE SERVICES MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE SERVICES DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING ANY CONTENT RELATED TO THE PRODUCTS PROVIDED BY OR DISPLAYED THROUGH A THIRD PARTY CHANNEL, INCLUDING, WITHOUT LIMITATION, REGARDING ITS ACCURACY OR COMPLETENESS. THE SERVICES AND PRODUCTS SOLD THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NORTHWELL HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICES AND PRODUCTS, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR TITLE, AND ALL WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NORTHWELL DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECT OR ERROR WILL BE CORRECTED, OR THAT THE SERVICES WILL BE SECURE AND FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY CONTENT OR PRODUCT DESCRIPTIONS PROVIDED THROUGH THE SERVICES WILL BE CURRENT OR ACCURATE, OR THAT A PARTICULAR PRODUCT OR SERVICE YOU SEE ON THE SERVICES WILL BE, OR WILL REMAIN, AVAILABLE TO YOU. YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK.

WE DO NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY SUBMISSIONS OR THIRD-PARTY CONTENT OR PRODUCTS ON OR LINKED BY OUR SERVICES.

LIMITATIONS OF LIABILITY

NORTHWELL’S LIABILITY TO YOU IS LIMITED AS SET FORTH BELOW, EXCEPT AND ONLY TO THE EXTENT THAT ANY SUCH LIMITATIONS ARE PROHIBITED BY APPLICABLE LAW.

IN NO EVENT SHALL NORTHWELL, OR ANY OF ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ADVISORS AND CONSULTANTS BE LIABLE TO YOU (WHETHER UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY OR ANY OTHER LEGAL OR EQUITABLE THEORY) FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, DATA OR INFORMATION OF ANY KIND) ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT THROUGH THE SERVICES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. IF APPLICABLE LAW PROHIBITS DISCLAIMER OF DIRECT DAMAGES, NORTHWELL’S AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE GREATER OF (I) THE TOTAL AMOUNT YOU PAID FOR PURCHASES OF PRODUCTS THROUGH THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE EVENTS GIVING RISE TO THE CLAIM, OR (II) IF NO SUCH PAYMENTS HAVE BEEN MADE BY YOU, FIFTY AND 00/100 ($50.00) U.S. DOLLARS.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR TOTAL LIABILITY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Maintaining privacy and building trust

To learn more about our privacy practices associated with our Services, please read the information contained in our Privacy Policy. It is important to know that can terminate your access to our Services and your account if we determine you have violated these Terms. Please also read our Notice of Privacy Practices for information about how Northwell collects, uses and discloses your protected health information (as defined by HIPAA).

VIOLATIONS; TERMINATION

You acknowledge and agree that: (i) Northwell may at any time terminate your access to the Services, in whole or in part, if Northwell determines, in its sole judgment, that you have violated these Terms or any applicable law; (ii) such termination may be effected without prior notice; and (iii) in the event of such termination, Northwell may immediately, and without your permission, deactivate or block your further access to your account [IF APPLICABLE: and remove all of your Submissions stored in, or associated, with your account], without any liability to you. For inquiries related to account termination, please email vivo.mailorder@northwell.edu.

Our partners

The Service may contain links to third party websites and services. These links do not indicate our approval or endorsement of these sites. Your use of them is at your own risk and discretion.

LINKS TO THIRD-PARTIES

The Services may contain links to third party websites, products and/or services (each a "Linked Third-Party Site"). Such links do not constitute or imply Northwell’s approval, sponsorship or endorsement of any Linked Third-Party Site. Northwell is not responsible for, and makes no representations or warranties, express or implied, with respect to any Linked Third-Party Sites. Your access and use of Linked Third-Party Sites is solely at your own risk. When you access and use a Linked Third-Party Site, you are subject to the terms and conditions of use and privacy policy for such Linked Third-Party Site. Any rights, claims or actions you may have in respect of a Linked Third-Party Site can only be brought directly against the provider of that Linked Third-Party Site.

APPLE DEVICE ADDITIONAL TERMS

If you access an App via a mobile device or tablet branded by Apple, Inc. ("Apple") and running Apple’s iOS (an "Apple Device"), the following terms ("Apple Device Additional Terms") are hereby made part of these Terms:

Conflicting Terms. If these Apple Device Additional Terms conflict with any other provision of these Terms, then the Apple Device Additional Terms shall control with respect to access and use of the Services via an Apple Device.
Agreement with Northwell, Not Apple. You acknowledge that these Terms are an agreement between Northwell and you, and not with Apple. Northwell, not Apple, is solely responsible for any App you access via your Apple Device ("iOS App") and the content thereof. If these Terms are less restrictive with respect to an iOS App or otherwise conflict with, the Apple App Store Terms of Service (the "App Store Terms of Service"), the App Store Terms of Service shall apply to the extent of any conflict.
Scope of License. The license granted to use an iOS App is limited to a non-transferable license to use the App on an Apple Device that you own or control and as permitted by the usage rules set forth in the App Store Terms of Service.
Maintenance and Support. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to any iOS App. If Northwell decides (in its sole discretion) to provide support and maintenance services for an iOS App, Northwell is solely responsible for providing such services.
Warranty. In the event of any failure of the an iOS App to conform to any applicable warranty provided by Northwell in these Terms, you may notify Apple and Apple will refund the purchase price for the iOS App (if any) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty is Northwell’s sole responsibility. Notwithstanding the foregoing, Northwell is not obligated to provide any warranty with respect to an iOS App and you acknowledge and agree that this paragraph will not have any effect on the warranty disclaimers provided in these Terms.
Product Claims. You hereby acknowledge that Northwell, not Apple, is responsible for addressing your or any third-party claims relating to an iOS App and/or use of an iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that an iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Note that, pursuant to the limitation of liability provision set forth in these Terms, these Terms will not limit Northwell’s liability beyond what is permitted by applicable law.
Intellectual Property Rights. You acknowledge that, in the event of any third party claim that an iOS or your possession and use (in accordance with these Terms) of an iOS App infringes that third party’s intellectual property rights, Northwell, not Apple, is solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Third-Party Beneficiary. You hereby acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms with respect to any iOS App, and that, upon your acceptance of these Terms, Apple has the right (and deemed to have accepted the right) to enforce the Terms against you with respect to the iOS App as a third party beneficiary thereof.
Questions or Complaints. Please address your questions, complaints or claims with respect to an iOS App to Northwell at vivo.cs@northwell.edu. Northwell’s principal offices are located at 2000 Marcus Ave, New Hyde Park, NY 11042.

Managing disputes

There are limitations to how you can resolve disputes with us and it is important that you understand them. You only have one year to file any claim against us related to the Services provided and you agree that you will only bring a claim against us on an individual basis, not as a plaintiff or class member as part of a class or representative action or proceeding.

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT LIMITS THE MANNER IN WHICH YOU MAY SEEK RELIEF FROM US.

LIMITATION ON TIME TO BRING AN ACTION

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Services brought by you must be filed within one (1) year after such claim or cause of action arose or such claim or cause of action will be forever barred.

Governing Law. You and Northwell agree that these Terms and any claim or dispute between you and Northwell relating to your use of the Services will be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws’ provisions.

Severability. If any provision of the Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.

DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE

If you are a copyright owner or an agent thereof, and believe that any third-party content on the Services infringes upon your copyrights, you may submit a written notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information (see 17 U.S.C § 512(c)(3) for further detail):

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by a single notification, a representative list of such works from the Services;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Northwell to locate the material;
Information reasonably sufficient to permit Northwell to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Northwell’s designated Copyright Agent to receive notifications of claimed infringement is:

E-mail at vivo.mailorder@northwell.edu or via phone at 833-868-8486.

Changes to these terms

We may make changes to these Terms at any time, and your continued use of the Services indicates your consent to the changes. We may also develop upgrades, bug fixes, or new features that may change or remove certain features and functionality.

We reserve the right to make changes to these Terms at any time. Please check back from time to time to ensure that you are aware of any changes to these Terms. We will indicate the Terms’ effective date at the top of this page. Your continued use of the Services after changes have been posted indicates your consent to any changed Terms. If we make material changes that would impact your use of the Services, we will endeavor to notify you of the changes, such as by posting a notice directly on the Services, by sending an email notification (if you have provided your email address to us), or by any other reasonable method. If you do not agree to the changed Terms, you should immediately terminate your use of the Services.

SOFTWARE UPDATES

Northwell may from time to time, in its sole discretion (without obligation), develop and provide updates to our Services, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, "Updates"). Updates may also modify or delete certain features and functionality entirely. You agree that Northwell has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.

Portions of the Services may not properly operate if you do not install all Updates. Northwell encourages you to promptly install all Updates. To that end, based on your mobile device settings, when your mobile device is connected to the Internet, either (i) the Updates will automatically download and install, or (b) you may receive notice of or be prompted to download and install available Updates. For clarity, all Updates are part of the Services and subject to these Terms.

Contact us

If you have a question or comment regarding the Services, please contact us via email or at the address below. Your input is valuable to us. Disclosures. The Services are offered by Northwell, email: vivo.mailorder@northwell.edu, or by telephone: 833-868-8486.