Medical Disclaimer
1. Introduction and Acknowledgment:
I, the undersigned, hereby confirm my decision to download and utilize the Vive Now application (“the App”), which is designed to offer wellness tips, videos, coaching, and health tracking features and various other allied features aimed at enhancing personal well-being. I understand that my use of the App is subject to the terms and conditions set forth in this agreement.
2. Content Purpose and Limitations:
The App provides content including, but not limited to, wellness tips, videos, and personalized coaching, including injury prevention, recovery protocols, yoga, meditation, and fitness advice which are intended for educational and informational purposes only. Features for monitoring nutritional intake are designed to aid in achieving dietary goals but do not replace professional dietary advice.
I understand that individual results may vary, and the App does not guarantee any specific outcomes or improvements in my health.
I also agree that the personalized 1-on-1 coaching sessions offered by the App aim to assist me in achieving my health goals. I acknowledge that the coaches are experienced professionals who provide tailored guidance, actionable advice, and motivation. However, I understand that these coaching sessions are not a substitute for professional medical care or treatment.
This content is not intended as, nor shall it be considered a substitute for, professional medical advice, professional dietary advice, diagnosis, or treatment. I agree that I will consult with a healthcare provider before following any advice obtained from the App, especially relating to personal health or medical conditions or pre-existing health conditions.
I also acknowledge that the App allows me to connect compatible monitoring devices, such as blood pressure monitors, to track and manage my vital signs. While the App facilitates the tracking of my health progress, I understand that it is not intended to replace regular medical check-ups or consultations with healthcare professionals.
3. Data Use, Privacy, and Confidentiality:
I expressly consent to the collection, use, and sharing of my personal and health-related data by the App in accordance with its Privacy Policy. I understand that the data may be used for business analytics, research, and improvement of machine learning algorithms. I acknowledge that the App employs reasonable security measures to protect my data, but no system can be completely secure. Thus, I waive any claims against the App for data breaches or loss.
4. Health Monitoring Devices Compatibility:
The App’s functionality includes integration with various health monitoring devices. I understand that these features are meant to aid in tracking health metrics but do not replace consultations with healthcare professionals. I assume full responsibility for the accuracy and reliability of the data from these devices when used with the App.
5. No Medical Services or Emergency Care:
The App does not provide medical services, emergency treatment, or any kind of urgent healthcare interventions. I will not rely on the App in any medical emergency. I agree to contact an appropriate emergency services provider in the event of an emergency.
6. Limitation of Liability and Indemnity:
To the fullest extent permitted by law, I indemnify and agree that the App, its creators, affiliates, and service providers shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from my use of the App or services provided therein.
7. Explicit Waiver of Rights:
I hereby waive any and all rights to bring any claim or action related to my use of the App in any forum beyond one year after the first occurrence of the kind of act, event, condition, or omission upon which the claim or action is based.
8. Governing Law, Jurisdiction, and Dispute Resolution:
This agreement shall be governed by and construed in accordance with the laws of Florida, United States of America, without regard to its conflict of law principles. Any disputes arising out of or related to this agreement or the use of the App shall be handled through final and binding Courts of Law established as per the Laws of Florida, United States of America.
9. Modifications to Terms:
I acknowledge that the App reserves the right, at its sole discretion, to modify or replace these terms at any time. If the alterations constitute a material change to the terms, the App will notify me by posting an announcement on the App or sending me an email.
10. Entire Agreement:
This document constitutes the entire agreement between me and the App regarding my use of the App and supersedes all prior agreements and understandings, whether written or oral, concerning such subject matter.
11. Consent and Confirmation:
By accessing or using Vive Now’s services, I represent that I am at least 18 years of age or legally empowered to form binding contracts under applicable law. I have read this comprehensive legal disclaimer, and I affirm that I have read and understood this Medical Statement cum Disclaimer and fully understand its terms, and willingly agree to be legally bound by them.