App Terms & Conditions

VIVOHealth Pharmacy Portal & App Terms and Conditions

THIS PLATFORM IS NOT INTENDED FOR USE IN MEDICAL EMERGENCIES. IF YOU ARE HAVING A MEDICAL EMERGENCY, PLEASE CALL 911 TO SEEK MEDICAL CARE.

1. Introduction. These Terms and Conditions (“Terms”) are a legal agreement between Northwell Health, Inc. and its subsidiaries and affiliated hospitals, facilities, physicians, providers, ancillary providers and companies (collectively, “Northwell,” “we,” “us” or “our”) operating in connection with Northwell’s VIVOHealth Pharmacy (“VIVOHealth Pharmacy”) division, and you, with respect to your use of the VIVOHealth Pharmacy patient portal and mobile application (“VIVOHealth Pharmacy App”), including the materials available on the VIVOHealth Pharmacy App (collectively, the “Materials”). Please read these Terms carefully before you access the VIVOHealth Pharmacy App. THESE TERMS CONTAIN IMPORTANT PROVISIONS THAT LIMIT OUR LIABILITY AND THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES. By clicking “I
   accept” or by accessing or using the VIVOHealth Pharmacy App, you accept and agree to be bound by these Terms without limitation or qualification. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE VIVOHEALTH APP. Your use of other Northwell or VIVOHealth Pharmacy online and digital tools outside of the VIVOHealth Pharmacy App is not subject to these Terms.
   
   
2. About the VIVOHealth Pharmacy App. The VIVOHealth Pharmacy App is an online account that allows VIVOHealth Pharmacy patients to manage their prescriptions and access certain medication support services online. The VIVOHealth Pharmacy App provides access to many online services, including (a) secure access to VIVOHealth Pharmacy prescription and medication information maintained in electronic format, (b) the ability to manage VIVOHealth Pharmacy prescriptions (including auto-refill) and prescription benefits information, transfer prescriptions from other pharmacies to VIVOHealth Pharmacy, and pay for certain VIVOHealth Pharmacy health care services; (c) a secure mechanism to communicate with VIVOHealth Pharmacy pharmacists and health care providers regarding medications and prescriptions; and (d) the ability to search for VIVOHealth Pharmacy locations. The VIVOHealth Pharmacy App includes all software and Content provided through or as part of the VIVOHealth Pharmacy App. As used in these Terms, “Content” means all text, information, materials, images, photos, graphics, artworks, logos, videos, audio, directories, listings, databases, search engines, functionality, features, applications, and other content. New VIVOHealth Pharmacy App Content will be added over time, and these terms may be modified accordingly.
   
   
3. Access to VIVOHealth Pharmacy App. We may make available a self-service VIVOHealth Pharmacy App account activation process through which you may verify your identity in order to create a VIVOHealth Pharmacy App account. You will have the opportunity to create a username that is unique to you and a password. Your unique username and password for accessing the VIVOHealth Pharmacy App are crucial to protecting the security of your medication and prescription information. It is your responsibility to create and keep your username and password confidential and secure. If your username or password information is lost or stolen, or you discover someone other than you is using it, you should change it immediately through the VIVOHealth Pharmacy App or let us know immediately at vivo.cs@northwell.edu or (833) 848-6835. Your health information that is accessible through the VIVOHealth Pharmacy App is intended for your access only (subject to the discussion below under “Linked Patient Profile Feature”). The VIVOHealth Pharmacy App may not be available at all times due to system maintenance, outages, or other issues beyond our control.
   
   
4. Minors. The VIVOHealth Pharmacy App is not intended for or directed to children under 13 years old. If you are under 18 years old or otherwise have not attained the age of majority in your state of residence, but are at least 13 years old, you may use the VIVOHealth Pharmacy App in accordance with these Terms.
   
   
5. Linked Patient Profile Feature. The Linked Patient Profile Feature allows an adult who has a VIVOHealth Pharmacy App account (“Caregiver”) to request access to the VIVOHealth Pharmacy App account of another patient (“Linked Patient”) related to the Caregiver’s role as the Linked Patient’s personal representative or the Caregiver’s other involvement with the Linked Patient’s health care or payment related to the Linked Patient’s health care. This includes, but is not limited to, parents and guardians requesting access to the VIVOHealth Pharmacy App account of their minor children. Linking a patient profile means that the Caregiver will have access to certain confidential health information of the Linked Patient maintained by VIVOHealth Pharmacy Health Pharmacy. The specific type and extent of information visible to the Caregiver will vary depending on the age of the Linked Patient. For example, Caregivers of Linked Patients ages 13 through 17 cannot see any sensitive medications prescribed to the Linked Patient. In addition to accessing the Linked Patient’s confidential health information, the Caregiver will be able to take certain actions with respect to the Linked Patient’s prescriptions, such as requesting refills or communicating with VIVOHealth Pharmacy Health Pharmacy about the Linked Patient’s prescriptions. Linked patient profile access will be granted only to Caregivers who we determine have the right to receive the patient’s confidential health information. We reserve the right to revoke Linked Pati ent Profile access in the VIVOHealth Pharmacy App at any time for any reason. Caregivers who are granted Linked Patient Profile access are required to advise us immediately at vivo.cs@northwell.edu or (833) 848-6835 if they no longer have the right to access the Linked Patient’s health information or upon the death of the Linked Patient. Caregivers with proxy access to another patient’s account through MyNorthwell will be granted Linked Patient Profile access to that patient automatically. For more information regarding the Linked Patient Profile feature, including situations in which Linked Patient Profile access may be granted and how to request such access, please visit https://www.vivohealthpharmacy.com/LinkedPatientFAQs.
   
   
6. International Use. The VIVOHealth Pharmacy App is intended for use in the United States only. All matters relating to the VIVOHealth Pharmacy App, 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 the VIVOHealth Pharmacy App, contact us or otherwise provide any information to us from outside of the United States, please be advised that you are explicitly authorizing data transfer and subsequent processing.
   
   
7. VIVOHealth Pharmacy App Communication Preferences. It is important for us to be able to communicate with you about the services that you receive through VIVOHealth Pharmacy. The VIVOHealth Pharmacy App allows you to set your preferences regarding how to receive different types of communications and notifications, as specified in the VIVOHealth Pharmacy App Communication Preferences. Such communications may include prescription notifications and status updates, prescription refill notifications, prescription renewal reminders, prescription fill delay notifications, prescription pickup notifications and reminders, prior authorization notifications and reminders, links to pay, links to create a VIVOHealth Pharmacy App account, important health alerts, payment notifications, account updates (including one-time passcodes and username or password recovery), and information about billing, payment and collections for the medical services you receive. You may opt in to receive each type of communication or notification by checking the appropriate box in the VIVOHealth Pharmacy App Communication Preferences or by texting “START” to a number provided by us. If you also have a MyNorthwell account, communication preferences you have specified in MyNorthwell may be applied to VIVOHealth Pharmacy App communications, and communication preferences you specify in the VIVOHealth Pharmacy App may be applied to your MyNorthwell communication preferences.
   
   By providing an email address or phone number or otherwise providing your consent, you agree that we, our contractors and their subcontractors may use those means of communication, including autodialed phone calls (to either a landline or mobile telephone), autodialed text messages, and voicemails, for purposes of communicating about your health care.
   
   Messages sent through email or text message will be limited in the information they contain to protect your privacy. These emails and text messages are not encrypted in transit and may be accessed by others not affiliated with us while in transit or upon receipt. To reduce the chance that your information is seen by the wrong recipient, we suggest you enable the highest security measures on your personal devices (passcodes, strong passwords, two step authentication, etc.). Also keep in mind that any person with access to your e-mail account or texting device will be able to see communications and notifications sent to such methods of contact. This could include your spouse, employer, or other third party with access to such account or device. Even if no private medical information is sent, a communication or notification that new medical information is available by accessing the VIVOHealth Pharmacy App may be information that you would not want others to know. You should take this into account when providing an e-mail address or texting device number to us and when sharing any information required to access your e-mail account or texting device.
   
   You may opt out of communications by:

• Unchecking the box for specific types of communications in the VIVOHealth Pharmacy App Communication Preferences, or
• For text messages, texting “STOP” to the texting program number from which you received the message, or
• For emails, clicking “Unsubscribe.”

An opt-out for one type of communication or texting program will not create an opt-out for other types of communications or texting programs. This allows you to selectively decide what information you would like to receive. When opting out by texting “STOP,” your opt-out request will generate one final message confirming that you have been unsubscribed.

VIVOHealth Pharmacy App text message communications and notifications are subject to text messaging terms and conditions available at https://vivohealthpharmacy.com/vivo-contact-communications-terms. By accepting these Terms and continuing to use the VIVOHealth Pharmacy App, you agree to such text messaging terms and conditions and to receive communications and notifications as specified in the VIVOHealth Pharmacy App Communication Preferences. Message and data rates may apply to text messages, and not all carriers are covered. Message frequency may vary. Consent to receive text messages is not required to purchase goods or services. If you are experiencing issues with a texting program, you can reply with the keyword HELP for more assistance.

It is important to review your contact information such as phone number(s) and email address(es) to ensure that we have the most accurate information on file. For additional questions or assistance regarding communication preferences, please do not hesitate to contact us at vivo.cs@northwell.edu or by calling (833) 848-6835.

VIII. Communications Regarding Medications and Prescriptions. The VIVOHealth Pharmacy App enables you to send information regarding your medication and prescription information electronically to VIVOHealth Pharmacy. Such communications will be routed to an appropriate VIVOHealth Pharmacy staff member. VIVOHealth Pharmacy staff may review your medication and prescription information as required to address your request. Sending inappropriate or disrespectful communications through the VIVOHealth Pharmacy App is prohibited. Communications sent through the VIVOHealth Pharmacy App may become part of your permanent medical record and may be used and disclosed as permitted by law, the VIVOHealth Pharmacy App Privacy Policy available at https://vivohealthpharmacy.com/vivo-app-privacy-policy, and the Northwell Notice of Privacy Practices available at https://www.northwell.edu/about-northwell/commitment-to-excellence/protecting-patient-privacy. Communications from VIVOHealth Pharmacy sent through the VIVOHealth Pharmacy App may contain important information regarding your health care. It also is possible that VIVOHealth Pharmacy staff may decide not to communicate such information by other means if communicated through the VIVOHealth Pharmacy App. Therefore, it is important for you to monitor regularly your message inbox in the VIVOHealth Pharmacy App and your personal e-mail or texting device for message notifications. You agree that you will not hold us liable for loss, injury or claims resulting from your failure to read messages in a timely manner.

IX. Educational Materials. You will be given the opportunity to access patient educational materials through the VIVOHealth Pharmacy App. These educational materials are provided by a third party and for your convenience only. We may or may not have any control over these items or their content and do not assume any liability or responsibility for them. Any questions you may have about your care or treatment should be addressed directly with your pharmacists and providers, and you should not rely on these educational materials as you r exclusive source of information.

X. Links to Third-Party Websites and Services. The VIVOHealth Pharmacy App may contain links to third-party websites, products, or services (each a “Linked Third-Party Site”). Such links do not constitute or imply our approval, sponsorship or endorsement of any Linked Third-Party Site. We are not responsible for, and make 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.

XI. Information Accuracy and Availability. Although we attempt to ensure the integrity of the VIVOHealth Pharmacy App and the materials available on the VIVOHealth Pharmacy App, we make no guarantees whatsoever as to the correctness or accuracy of the VIVOHealth Pharmacy App or the materials available on the VIVOHealth Pharmacy App. It is possible that the VIVOHealth Pharmacy App or the materials available on the VIVOHealth Pharmacy App could include typographical errors, inaccuracies or other errors. The information available through the VIVOHealth Pharmacy App is limited to the information that is maintained within VIVOHealth Pharmacy’s medical records system. You may have records stored in other systems that cannot be viewed through the VIVOHealth Pharmacy App. There also might be technical or legal limitations on what is viewable to you in the VIVOHealth Pharmacy App. You will continue to have access to all of your VIVOHealth Pharmacy medical record information by calling (833) 848-6835 or by submitting a request by following the directions on this website: https://www.northwell.edu/manage-your-care/medical-records.

XII. Security Risks. We have implemented administrative, technical, and physical safeguards to protect the confidentiality and security of your health information. We will utilize certain security measures within the scope of the VIVOHealth Pharmacy App such as verification of identity measures, unique username and password combinations, and the tracking of any activity within the account. However, you understand that any information made available via the internet is potentially subject to unauthorized access. You agree that we are not responsible for (a) absolute security of all electronic communication transmissions between you and us; (b) unauthorized disclosure resulting from not logging out of an active session; (c) unauthorized disclosure resulting from a lost or stolen user ID and password; (d) unauthorized disclosure resulting from information printed from the VIVOHealth Pharmacy App; (e) unauthorized disclosure resulting from personal computer settings or installed software products that may compromise information security; or (f) similar events outside our substantial control.

Once you access your health information through the VIVOHealth Pharmacy App, you are solely responsible for maintaining the security of such information as well as the information required to access such information (i.e., username and password). Specifically, you are responsible for the results or consequences of your communications regarding, or the sharing of, information accessed via the VIVOHealth Pharmacy App.

XIII. Maintaining Privacy and Building Trust. To learn more about our privacy practices associated with the VIVOHealth Pharmacy App and our other online services, please read the information contained in the VIVOHealth Pharmacy App Privacy Policy. It is important to know that we can terminate your access to the VIVOHealth Pharmacy App and your account if we determine you have violated these Terms.

To learn about our information collection, use, and privacy practices associated with the VIVOHealth Pharmacy App, please review the VIVOHealth Pharmacy App Privacy Policy. Please also read our Notice of Privacy Practices for information about how we collect, use, and disclose your health information. The VIVOHealth Pharmacy App Privacy Policy and our Notice of Privacy Practices are incorporated into and made part of these Terms.

XIV. Apple Device Additional Terms. If you access the VIVOHealth Pharmacy 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:

1. 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 VIVOHealth Pharmacy App via an Apple Device.

2. Agreement with Us, not Apple. You acknowledge that these Terms are an agreement between you and us, and not with Apple. We, not Apple, are solely responsible for any application 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.

3. Scope of License. The license granted to use an iOS App is limited to a non-transferable license to use the VIVOHealth Pharmacy 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.

4. 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 we decide (in our sole discretion) to provide support and maintenance services for an iOS App, we are solely responsible for providing such services.

5. Warranty. In the event of any failure of an iOS App to conform to any applicable warranty provided by us 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 our sole responsibility. Notwithstanding the foregoing, we are 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.

6. Product Claims. You hereby acknowledge that we, not Apple, are 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 our liability beyond what is permitted by applicable law.

7. Intellectual Property Rights. You acknowledge that, in the event of any third party claim that an iOS App or your possession and use (in accordance with these Terms) of an iOS App infringes that third party’s intellectual property rights, we, not Apple, are solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

8. 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.

9. 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 is deemed to have accepted the right) to enforce the Terms against you with respect to the iOS App as a third party beneficiary thereof.

10. Questions or Complaints. Please address your questions, complaints or claims with respect to an iOS App to us at vivo.cs@northwell.edu or by calling (833) 848-6835. Northwell’s principal offices for its VIVOHealth Pharmacy Health Pharmacy division are located at 12 Nevada Drive, Lake Success, NY 11042. 

XV. Google Additional Terms. If you access the VIVOHealth Pharmacy App through Google Inc. (“Google”), the following terms and conditions are applicable to you:

1. You acknowledge that Google is not responsible for providing support services for the App.
2. If any of the terms and conditions in these Terms are inconsistent or in conflict with the Google Play Developer Distribution Agreement available at https://play.google/developer-distribution-agreement.html, the Google Play Developer Distribution Agreement will apply.

XVI. Intellectual Property Rights. The VIVOHealth Pharmacy App and the Materials contain Content owned or licensed by us, including the name, logo, text, images, audio/visual works, icons and scripts and other materials provided on or through the VIVOHealth Pharmacy App. Except as provided herein, none of the Content may be copied, distributed, displayed, downloaded, licensed, modified, published, re-posted, reproduced, reused, sold, used to create a derivative work, or transmitted in any form or by any means without prior written permission from us or the third-party owner. Unauthorized use of any Content provided through the VIVOHealth Pharmacy App may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes. Except as expressly provided herein, we and our licensors reserve all rights with respect to the VIVOHealth Pharmacy App, the Materials, and the Content, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations, including but not limited to the right to terminate accounts of any user who has infringed any intellectual property or proprietary rights. We may also disable any features and any links at any time without notice in our sole discretion.

Trademarks and service marks that may be referred to in the VIVOHealth Pharmacy App are owned by us. Nothing in the VIVOHealth Pharmacy App should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark without our written permission. The names and logos used by us may not be used in any way, including in advertising or publicity pertaining to distribution of materials in the VIVOHealth Pharmacy App, without prior written permission.

XVII. User Submissions. The VIVOHealth Pharmacy App may permit you to send, post or otherwise submit Content on or through the VIVOHealth Pharmacy App (collectively, “Submissions”). As between us and you, you own your Submissions, but, by sending, posting or transmitting Submissions to or through the VIVOHealth Pharmacy App, you grant us and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), transferable, royalty-free, perpetual and irrevocable right to use, reproduce, create derivative works of, display, perform, distribute and otherwise exploit your Submissions for any and all lawful purposes. Under no circumstances are you entitled to payment if we use one of your Submissions

You are responsible for the content of your Submissions. By posting a Submission, you represent and warrant that:

1. You own or otherwise control all of the rights to your Submission, including without limitation all copyrights and trademarks, and have all rights necessary to grant the rights and licenses set forth above;
2. Your Submission is true and accurate as it pertains to your account, billing, contact information, demographics, medical history, medications, immunizations, etc.;
3. Your Submission does not violate the rights of any other person or entity, such as rights of privacy and publicity; and
4. Your Submission complies with these Terms and applicable laws, rules and regulations.
   
   Notwithstanding the foregoing or anything to the contrary set forth above or otherwise in these Terms, personal information about you or your health submitted through the VIVOHealth Pharmacy App will be treated in accordance with the VIVOHealth Pharmacy App Privacy Policy and our Notice of Privacy Practices. All Submissions are deemed non-confidential and non-proprietary.
   
   You acknowledge and agree that we have the right (but not the obligation) to alter, remove, or refuse to post or allow to be posted, any Submission. We take no responsibility and assume no liability for any Submission posted by you or any third party or for altering, removing or refusing to post your Submission.

XVIII. Feedback. The VIVOHealth Pharmacy App 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 for any purpose and you waive all rights therein and are not entitled to receive any compensation. PLEASE DO NOT SEND VIVOHEALTH ANY FEEDBACK THAT YOU WISH VIVOHEALTH TO KEEP CONFIDENTIAL OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION UNLESS VIVOHEALTH EXPRESSLY AGREES IN WRITING OTHERWISE.

XIX. Prohibited Actions. You agree not to do any of the following:

1. Use the VIVOHealth Pharmacy App except as expressly authorized in these Terms;
2. Impersonate another, falsify account information, or make unauthorized use of another’s
   information;
3. Copy, reproduce, sell, rent, lease, distribute, transfer, modify or make derivative works from the VIVOHealth Pharmacy App;
4. Remove, alter or tamper with any copyright, trademark or other proprietary rights or legal notices contained in any Content obtained through the VIVOHealth Pharmacy App;
5. Decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive any proprietary software code or information associated with the VIVOHealth Pharmacy App;
6. 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);
7. Upload to or transmit on the VIVOHealth Pharmacy App any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner;
8. Interfere in any way with the operation of the VIVOHealth Pharmacy App or any server, network or system associated with the VIVOHealth Pharmacy App, including, without limitation: hacking, mail-bombing, flooding, overloading, or making “denial of service” attacks; probing, scanning or testing the vulnerability of the VIVOHealth Pharmacy App or any server, network or system associated with the VIVOHealth Pharmacy App; 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;
9. Use any automated program, tool or process (including, without limitation, web crawlers, scrapers, robots, bots, spiders, and automated scripts) to access the VIVOHealth Pharmacy App or any server, network or system associated with the VIVOHealth Pharmacy App, or to extract, collect, harvest or otherwise gather Content from the VIVOHealth Pharmacy App;
10. Frame or otherwise create a browser or border environment around any page or Content of the VIVOHealth Pharmacy App, or deep-link to any internal page or area of the VIVOHealth Pharmacy App;
11. Interfere with the VIVOHealth Pharmacy App or do anything that is illegal or hinders our ability to make the VIVOHealth Pharmacy App available; or
    
    Make any other use of the VIVOHealth Pharmacy App that violates these Terms or any applicable law.

XX. Our Rights and Responsibilities. We offer the VIVOHealth Pharmacy App to simplify managing your care. It is important for you to recognize that you are using the VIVOHealth Pharmacy 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 VIVOHealth Pharmacy pharmacist or health care provider. We do not guarantee that the VIVOHealth Pharmacy App is error free or will be uninterrupted, and we reserve the right to monitor, suspend, or terminate your use of VIVOHealth Pharmacy App or features at our discretion in compliance with any applicable law. The VIVOHealth Pharmacy App and its associated Materials and Content are the property of us and/or our third parties and are protected by U.S. copyright.

You agree to release us and our affiliates from all liability in regard to your use of the VIVOHealth Pharmacy App. We and our affiliates are not responsible for the consequences or reliance on any information contained herein. We do not guarantee that the VIVOHealth Pharmacy 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 we or our 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 the VIVOHealth Pharmacy App or its associated Materials and Content.

1. 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 VIVOHealth Pharmacy App; (2) restrict, limit, suspend or terminate your and/or any other user’s access to the VIVOHealth Pharmacy App; (3) monitor any user’s use of the VIVOHealth Pharmacy App to verify compliance with these Terms and/or any applicable law; (4) investigate any suspected or alleged misuse of the VIVOHealth Pharmacy App and cooperate with law enforcement and/or third-parties in such investigation; and (5) disclose information about any user’s use of the VIVOHealth Pharmacy App in connection with any law enforcement investigation, or in response to a lawful court order or subpoena.
2. Proprietary rights. The VIVOHealth Pharmacy App and its associated Materials and Content are the proprietary property of us and/or our 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 VIVOHealth Pharmacy and VIVOHealth Pharmacy’s products and services are our trademarks and service marks and are solely owned by us.
   
   Subject to your compliance with these Terms, we grant you a revocable, conditional and limited license to access and use the VIVOHealth Pharmacy App solely for your own personal and non-commercial use in accordance with applicable laws. If the VIVOHealth Pharmacy App permits 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 VIVOHealth Pharmacy App is strictly prohibited and may result in civil and/or criminal penalties.
   
   
3. 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. Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision.
   
   
4. DISCLAIMER OF WARRANTIES. The VIVOHealth Pharmacy App and its associated Materials and Content are provided “as is” and “as available” to the fullest extent permissible pursuant to applicable law, and we hereby disclaim all warranties with respect to the VIVOHealth Pharmacy App and its associated Materials and Content, 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, we do not warrant that the VIVOHealth Pharmacy App and its associated Materials and Content will be uninterrupted or error free, or that any defect or error will be corrected, or that the VIVOHealth Pharmacy App and its associated Materials and Content will be secure and free of viruses or other harmful components, or that any content provided through them 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 on or linked by our services.
   
   

LIMITATIONS OF LIABILITY. Our 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 we, or any of our affiliates, or any of our 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 VIVOHealth Pharmacy App, even if they have been advised of the possibility of such loss or damages. If applicable law prohibits disclaimer of direct damages, our aggregate liability to you for direct damages arising out of or relating to these Terms shall be limited to the amounts paid by you to access or use the services in the three (3) months prior to the events giving rise to any claim, or, if no such payments have been made by you, fifty and 00/100 ($50.00) U.S. dollars.

To the fullest extent permitted by applicable law, your sole and exclusive remedy for any claim or dispute with us concerning the VIVOHealth Pharmacy App is to stop using the VIVOHealth Pharmacy App.

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.

XXI. Indemnification. You agree that you will be responsible for any damages resulting from your violation of these Terms. You further agree to indemnify and hold us, and by extension our affiliates, officers, directors, agents, employees, contractors or service providers, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (a) your breach of these Terms; (b) your unauthorized activities in connection with the VIVOHealth Pharmacy App, including any violation of any law or the rights of any third party that occurs in connection with your use of the VIVOHealth Pharmacy App; or (c) information that you provided to us through the VIVOHealth Pharmacy App.

XXII. Managing Disputes. There are limitations to how you can resolve disputes with us and it is important that you understand them. You have only one year to file any claim against us related to the VIVOHealth Pharmacy App 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.

a. 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 VIVOHealth Pharmacy App 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.

b. Governing Law. You and we agree that these Terms and any claim or dispute between you and us relating to your use of the VIVOHealth Pharmacy App 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.

c. 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.

XXV. Changes to these Terms. We may make changes to these Terms at any time, and your continued use of the VIVOHealth Pharmacy App 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 VIVOHealth Pharmacy App after changes have been posted indicates your consent to any changed Terms.

If we make material changes that would impact your use of the VIVOHealth Pharmacy App, we will endeavor to notify you of the changes, such as by posting a notice directly on the VIVOHealth Pharmacy App, 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 VIVOHealth Pharmacy App.

XXIII. Software Updates. We may from time to time, in our sole discretion (without obligation), develop and provide updates to the VIVOHealth Pharmacy App, 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 we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.

Portions of the VIVOHealth Pharmacy App may not properly operate if you do not install all Updates. We encourage 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 ( a) 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 VIVOHealth Pharmacy App and subject to these Terms.

XXIV. Electronic Notices. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain cop ies of electronic communications from us by printing a paper copy or saving an electronic copy.

XXV. Independent Contractor. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms or use of the VIVOHealth Pharmacy App.

XXVI. Governing Law. These Terms will be governed in all respects by the laws of the State of New York, without regard to its conflict of laws principles that might make the law of some other jurisdiction applicable.

XXVII. Nonwaiver. Our failure to insist upon or enforce strict performance of any provision of these Terms or to exercise any rights herein will not be construed as a waiver of any provision or relinquishment to any extent of our right to assert or rely upon such provisions or rights on any future occasion. Neither the course of conduct between you and us nor trade practice will act to modify any provision of these Terms.

XXVIII. Severability. In the event that any provision of these Terms is found to be invalid, void, or unenforceable, the validity or enforceability of any other provision will not be affected .

XXIX. Contact Us. If you have a question or comment regarding the VIVOHealth Pharmacy App, please contact us at vivo.cs@northwell.edu or by calling (833) 848-6835. Your input is valuable to us.

XXX. Disclosures. The VIVOHealth Pharmacy App is offered by Northwell through its VIVOHealth Pharmacy Health Pharmacy division, with principal offices located at 12 Nevada Drive, Lake Success, NY 11042 , Telephone: (833) 848-6835.