Terms and Conditions of Use of Viva Health, Inc. (“Viva Health”) Member Portal


Access to and use of the Viva Health Member Portal is limited to Members who agree to the End User License Agreement and these Terms and Conditions of Use of Viva Health Member Portal (the “Agreement”).

 

Privacy laws protect the data available in this Member Portal (“System”). Unauthorized access to this System and the confidential information contained herein is strictly prohibited by law. If you are not authorized to access this System or the information contained herein, you should immediately exit. By accessing this System you confirm that you are the member who is the subject of the information being viewed or you are a legally authorized representative of the member approved to view the information contained herein (“Representative”). A Representative includes an individual that is: a) authorized by applicable law, court order, or other binding legal process; or b) appointed in writing by the member to act as the member’s personal representative.  Any use of this System by any other person or entity is strictly prohibited by law and may subject such persons/entities to civil or criminal penalties. By accessing this System you agree to the End User License Agreement and the terms and conditions listed in this Agreement.


1. Use of System

 

The System offered by Viva Health is solely intended to allow you access to the benefits, services, and coverage information provided by Viva Health. Any other use of the System, misuse of confidential information, or unauthorized access to confidential information is strictly prohibited and could result in termination of access and/or termination of coverage as well as civil and criminal penalties and fines as prescribed by law.


2. Minors (Children Under the Age of Nineteen (19))

 

You may be required by state or federal law to obtain your dependent child’s authorization before accessing his/her information.  By using the System to access your dependent child’s information, you are attesting that you are legally authorized to access that information.


3. Indemnification

 

You agree to indemnify, defend, and hold Viva Health harmless from and against all claims, causes of action, liabilities, judgments, fines, assessments, penalties, damages, awards or other expenses relating to or arising out of any breach or alleged breach of the terms of this Agreement for which you are responsible.


4. Safeguarding of Information

 

You are solely responsible for the decisions you make regarding the use and safeguarding of confidential and personal information accessed through this System.

 

5. Login Credentials

 

You are responsible for safeguarding and protecting your System login credentials (user ID and password) to ensure the integrity of authorized access to the System. You agree to notify vivawebhelp@uabmc.edu immediately if you believe your login credentials have been compromised or if you have issues logging into the System.


6. Ownership

 

Viva Health is the owner of all information, content and materials in this System.  All information and content in this System are protected by copyright, privacy, and other laws and may not be copied, transmitted, modified, or distributed except for personal and non-commercial purposes in compliance with these Terms and Conditions. 


7.  Mobile Device Considerations

 

To use or access the System, you will need a compatible device.  Viva Health cannot guarantee the System application will be compatible with, or available on, your device.  If you use the System, your standard data and messaging rates will apply, and the rules of the app store from which you are downloading will also apply.

 

By downloading or using the System application, you expressly agree Viva Health may communicate with you regarding the System or respond to your communications to Viva Health through the System by SMS, MMS, text message, or other electronic means directed to your device and that certain information about your usage of the application may be communicated to us automatically from your device.  Viva Health will not send you direct messages of a marketing nature without your prior express written consent and you can opt out of receiving any marketing messages at any time.

 

8. Errors and Omissions

 

Viva Health is not liable for any errors or omissions in the information contained in the System. 

9. Liability of Connectivity and Service

 

Viva Health is not liable for any connection issues or lack of service issues which are outside of Viva Health's direct control including but not limited to mobile device or computer malfunctions, internet connection malfunctions, computer viruses, weather related issues, or natural disasters.  Viva Health complies with all federal and state laws regarding security of this System.  Although Viva Health has safeguards to protect the security of this System and all information and content in this System it cannot guarantee that unauthorized third parties will not be able to defeat Viva Healths security measures.  Please notify vivawebhelp@uabmc.edu immediately of any actual or suspected breach or unauthorized access or use of your account.  Viva Health is not liable for any breach or unauthorized access or use of your account.


10. Termination

 

Viva Health reserves the right at its discretion to terminate this service or cancel your access to the System for any reason at any time without notice. 


11. Warranties and Disclaimer

 

Viva Health neither expresses nor implies any warranty regarding but not limited to the following: service, information, documentation, hardware or software related to your personal computer, mobile device or internet connection.


12. Modification

 

Viva Health has the right to amend this Agreement, materials, and documentation regarding this service from time to time without prior notification. If the Agreement is amended, Viva Health will post a modified copy of this Agreement on this site and you will be notified of and bound by the new terms and conditions.


13. Dispute Resolution

 

Any controversy, dispute, or claim by either party arising out of or related in any way to this Agreement (collectively, Disputes) shall be submitted to binding arbitration in Birmingham, Alabama before a panel of three neutral arbitrators, unless the matter in controversy is within the scope of an applicable small claims court’s jurisdiction. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the arbitration award may be entered in any court having jurisdiction. This clause shall not preclude Viva Health or you from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Note that there is no judge or jury in an arbitration proceeding and the decision of the arbitrator shall be binding upon both parties.


14.  Limitation of Liability

 

IN NO EVENT WILL VIVA HEALTH OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA, LOSS OF BUSINESS; GOODWILL OR REPUTATION, OR FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE MEMBER PORTAL EVEN IF THE CLAIM WAS REASONABLY FORESEEABLE OR IF VIVA HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

Viva Health also expressly disclaims any and all liability for ANY INADVERTENT LOSS OF DATA TO OR FROM THE MEMBER PORTAL OR DAMAGE TO COMPUTER OR MEDIA AS A RESULT ERRORS CAUSED BY HUMAN AND/OR MACHINE ERRORS, OMISSIONS, OR DELAYS.  YOU UNDERSTAND AND AGREE THAT USE OF OR CONNECTION THROUGH THE INTERNET IS INHERITENTLY INSECURE AND THAT USING THE INTERNET TO CONNECT TO THE MEMBER PORTAL PROVIDES OPPORTUNITY FOR UNAUTHORIZED ACCESS BY A THIRD PARTY TO COMPUTER SYSTEMS, MOBILE DEVICES, NETWORKS AND ANY AND ALL INFORMATION STORED THEREIN.

 

15. Governing Law and Jurisdiction

 

This Agreement shall be governed by and construed in accordance with the laws of the State of Alabama, without regard to its conflict of law provisions, except as pre-empted or superseded by federal law, which the parties agree governs the requirement to arbitrate all disputes and claims. By accessing this System, you agree to subject yourself to the jurisdiction of the state and federal courts of the State of Alabama.

 

By clicking the box below, you agree that you have read and agree to the terms and conditions of this Agreement. If you do not agree to the terms of this Agreement, please exit this window/application without proceeding.