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.
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.
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.
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.
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 firstname.lastname@example.org New Services will be added over time and when they are, these terms will be modified accordingly.
Northwell has created a single sign on system for you to create a profile and access our Services and partners including:
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.
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 email@example.com 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.
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.
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.
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 firstname.lastname@example.org.
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.
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.
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 email@example.com 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.
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.
You are not permitted to resell or otherwise use the products purchased through the Services for commercial purposes.
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.
If you have any questions or concerns relating to your Order, please contact us e-mail at firstname.lastname@example.org or via phone at 833-868-8486.
You must not:
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.
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.
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.
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.
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.
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.
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.
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 email@example.com.
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.
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:
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.
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.
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):
Northwell’s designated Copyright Agent to receive notifications of claimed infringement is:
E-mail at firstname.lastname@example.org or via phone at 833-868-8486.
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.
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.
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: email@example.com, or by telephone: 833-868-8486.