1. BACKGROUND
The YO-VIVO platform is a patient/provider portal developed and provided by YO-VIVO Incorporated ("YO-VIVO HEALTH") to help you better access your physician's office and staff, as well as to provide general educational information and learn about research opportunities and other YO-VIVO HEALTH programs and initiatives. To obtain access to YO-VIVO HEALTH platform you must agree to be bound by these YO-VIVO HEALTH Terms of Use (referred to as “TERMS” for brevity). By clicking the "I Agree" button below, you must agree to be bound by these terms.
YO-VIVO HEALTH may, from time to time, change these Terms, in which case it will post the updated terms and require you to review and accept the new terms before you continue to use YO-VIVO HEALTH. If you do not agree to the updated Terms, or if at any time you no longer wish to otherwise abide by these Terms, you may no longer access nor use YO-VIVO HEALTH. The most current version of these Terms can be accessed at any time by selecting the "Terms of Use" link.
PHYSICIAN’S QUALIFICATIONS AND CONSULTATION
YO-VIVO HEALTH shall not be held liable for any malpractice of medical professionals who agreed to the use of said platform. Moreover, all medical professionals using said platform, upon submission of credentials, possess the qualification and are duly licensed to practice medicine in the country of their location.
2. YOUR ELECTRONIC HEALTH RECORD
YO-VIVO HEALTH provides online access to some of the protected health information contained in your electronic medical record, such as summary medical history, certain test results, appointments, and a billing account summary. However, your entire electronic medical record shall not be no reproduced or shared without the consent of its’ user.
3. YO-VIVO HEALTH ACCESS
Subject to these Terms, YO-VIVO HEALTH hereby grants you a limited license to access and use YO-VIVO HEALTH in accordance with these Terms, applicable laws, and the rules, policies and procedures that we provide for YO-VIVO HEALTH. This license may not be shared with or transferred or sublicensed to any other party. You must use appropriate technical safeguards to secure your devices used to access YO-VIVO HEALTH, such as up-to-date software and virus protection. You represent and warrant that all information provided to YO-VIVO HEALTH in connection with the YO-VIVO HEALTH, including during account registration, is true, accurate and complete to the best of your knowledge. You are responsible for your devices used to access YO-VIVO HEALTH and all charges related thereto.
You understand that information you send or receive via YO-VIVO HEALTH will become part of your permanent medical record.
4. SECURITY AND PASSWORDS
Access to YO-VIVO HEALTH is enabled by username and password, security questions and answers, and additional security measures we may implement from time to time ("Account Credentials"). You will provide Account Credentials when registering for access and must maintain that information in strict confidence. Do not share your Account Credentials with any third party or allow another person to access YO-VIVO HEALTH with your Account Credentials. You must notify us immediately if you have any reason to believe that your Account Credentials were lost, compromised, or misused in any way. You are fully and solely responsible for any and all use of YO-VIVO HEALTH under your Account Credentials. YO-VIVO HEALTH shall not be responsible for account credentials that were parties or persons and shall not be liable if the former was duly notified of lost, compromised or misused, account credentials.
5. TERMS TERMINATION
YO-VIVO HEALTH may terminate these Terms and/or terminate or suspend the access to the YO-VIVO HEALTH at any time and in-case of violation of Terms and other legal grounds.
6. OUR INTELLECTUAL PROPERTY RIGHTS
The YO-VIVO HEALTH contain electronic content, functionality, features, and applications (collectively, “Materials”) owned or licensed by us, including name, logo, text, images, audio/visual works, icons and scripts and other materials provided on or through the YO-VIVO HEALTH. Except as provided herein, none of the Materials 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 Materials provided by the YO-VIVO HEALTH 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 YO-VIVO HEALTH and Materials, 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 social media features and any links at any time without notice in our sole discretion.
Trademarks and service marks that may be referred to in the YO-VIVO HEALTH are owned by us or their respective owners. Nothing in the YO-VIVO HEALTH 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 YO-VIVO HEALTH, without prior written permission. You are not authorized to use our logo as a hyperlink to the YO-VIVO HEALTH unless you obtain our written permission in advance, although we permit you to use certain designated features of the YO-VIVO HEALTH to use our logo as a hyperlink for designated purposes.
You also agree that we are free to use any feedback, corrections, ideas, concepts, know-how, or techniques that you provide to us with respect to the YO-VIVO HEALTH (collectively, “Feedback”) for any purpose and you waive all rights therein. PLEASE DO NOT SEND US ANY FEEDBACK THAT YOU WISH US TO KEEP CONFIDENTIAL OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION UNLESS WE EXPRESSLY AGREE IN WRITING OTHERWISE.
7. THIRD PARTY CONTENT
YO-VIVO HEALTH may contain links to third party materials and third party websites for your information and convenience. YO-VIVO HEALTH is not responsible for the availability, accuracy, or content of any of those third party materials or websites nor does it endorse them.
Certain information contained within or accessible through YO-VIVO HEALTH is provided by third parties. Prior to accessing this information you may be asked to agree to additional terms and conditions provided by such third parties which govern access to and use of those materials.
8. PROHIBITED ACTIONS
You agree not to:
(A) decompile, reverse engineer, disassemble, modify, reduce the YO-VIVO HEALTH to human readable form or create derivative works based upon the YO-VIVO HEALTH or any part thereof.
(B) disable any licensing or control features of the YO-VIVO HEALTH.
(C) introduce into the YO-VIVO HEALTH any virus or other code or routine intended to disrupt or damage the YO-VIVO HEALTH, or alter, damage or delete any Materials , or retrieve or record information about the YO-VIVO HEALTH or its users.
(D) merge the YO-VIVO HEALTH or Materials with other materials or create derivative works based on the YO-VIVO HEALTH or Materials.
(E) remove, obscure, or alter any notice of the copyright or other proprietary legends on the YO-VIVO HEALTH or Materials.
(F) sublicense, assign, translate, rent, lease, lend, resell for profit, distribute or otherwise assign or transfer the Materials or access to the YO-VIVO HEALTH to others.
(G) use, or allow the use of, the YO-VIVO HEALTH or the Materials in contravention of any federal, state, local, foreign or other applicable law, or rules or regulations of regulatory or administrative organizations.
(H) otherwise act in a fraudulent, illegal, malicious or negligent manner when using the YO-VIVO HEALTH. Except as expressly provided herein, we and our third party licensors reserve all rights with respect to the YO-VIVO HEALTH, 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.
(I) post violent, defamatory, indecent, sexually explicit, discriminatory, unlawful, infringing, hateful or other inappropriate photos or other content, including any posts intended for defaming, stalking, bullying, abusing, harassing, threatening, impersonating, harming, impersonating or intimidating people or entities.
(J) create, solicit, transmit, or procure the sending of, any unwanted, unsolicited or harassing comments or communications, including advertising or promotional material, without our prior written consent, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation. You may not access or use the YO-VIVO HEALTH by means of any automated program, expert system, electronic agent or “bot,” and shall not give any other person or entity unauthorized access to the YO-VIVO HEALTH. You are prohibited from “scraping,” copying, republishing, licensing, or selling the data or information on the YO-VIVO HEALTH if you do so for commercial purposes.
9. REPORTING COPYRIGHT INFRINGEMENT AND OTHER VIOLATIONS
We respect the intellectual property rights of others, and we prohibit users of the YO-VIVO HEALTH from hosting or transmitting any materials that violate another person’s intellectual property rights or these Gateway Terms. For allegations of copyright infringement or any other issues, please notify us via the contact information below.
10. DISCLAIMERS
ACCESS TO YO-VIVO HEALTH AND THE INFORMATION CONTAINED THEREIN IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, YO-VIVO HEALTH DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
YO-VIVO HEALTH DOES NOT CONTROL THE DEVICES OR COMPUTERS OR THE INTERNET OVER WHICH YOU MAY CHOOSE TO ENTER CONFIDENTIAL OR PERSONAL INFORMATION AND CANNOT, THEREFORE, PREVENT INTERCEPTIONS OR COMPROMISES TO YOUR INFORMATION WHILE IN TRANSIT TO YO-VIVO HEALTH. YO-VIVO HEALTH MAKES NO GUARANTEE AS TO THE SECURITY, INTEGRITY, OR CONFIDENTIALITY OF ANY INFORMATION TRANSMITTED TO OR FROM YO-VIVO HEALTH.
FURTHERMORE, CERTAIN TYPES OF PATIENT INFORMATION ARE NOT AND WILL NOT BE AVAILABLE VIA YO-VIVO HEALTH. YO-VIVO HEALTH PROVIDES YO-VIVO HEALTH AS A HEALTH INFORMATION RESOURCE TO BE ACCESSED AT YOUR CONVENIENCE. YOU SHOULD NOT RELY UPON THE YO-VIVO HEALTH SITE IF YOU HAVE IMMEDIATE HEALTH CONCERNS OR QUESTIONS. FOR ALL URGENT MEDICAL MATTERS, CONTACT YOUR CLINICIAN’S OFFICE.
11. LIMITATIONS OF LIABILITY
IN THE EVENT OF ANY PROBLEM WITH YO-VIVO HEALTH OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING YO-VIVO HEALTH. UNDER NO CIRCUMSTANCES SHALL YO-VIVO HEALTH OR ANY YO-VIVO HEALTH AFFILIATE BE LIABLE IN ANY WAY FOR YOUR USE OF YO-VIVO HEALTH OR ANY OF ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT.
UNDER NO CIRCUMSTANCES SHALL YO-VIVO HEALTH OR ANY YO-VIVO HEALTH AFFILIATE BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF YO-VIVO HEALTH, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. INDEMNIFICATION
You agree that you will be responsible for any damages resulting from your violation of these Gateway 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: (i) your breach of these Gateway Terms; (ii) your unauthorized activities in connection with the YO-VIVO HEALTH, including any violation of any law or the rights of any third party that occurs in connection with your of the YO-VIVO HEALTH; or (iii) information that you provided to us through the YO-VIVO HEALTH.
13. GOVERNING LAWS ARBITRATION AND CLASS ACTION WAIVER
These Gateway Terms and any dispute in connection with the YO-VIVO HEALTH shall be governed by the laws of Philippines without regard to its rules on conflicts or choice of law. Except with respect to mandatory arbitration as provided below, you hereby consent to the exclusive jurisdiction of the courts of Philippines for the resolution of any dispute relating to these Gateway Terms or the YO-VIVO HEALTH, and you waive any right of removal or transfer whether due to forum non conveniens or other reason. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are expressly excluded from these Terms. Excluding claims by us for injunctive or other equitable relief, any claims related to the Gateway Terms or the YO-VIVO HEALTH, including without limitation, any and all disputes, claims (whether in tort, contract, statutory or otherwise) or disagreements concerning the existence, breach, interpretation, application or termination of these Gateway Terms, shall be resolved by final and binding arbitration in accordance with the JAMS Inc. Comprehensive Arbitration Rules & Procedures then in effect. There shall be no right or authority for any claims to be arbitrated on a class action basis. The arbitration shall be administered by and take place in Philippines or at the option of the party seeking relief, online, by telephone, online, in your state of residence or via written submissions alone. The decision of the arbitrator will be final and binding on the parties. Judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this section shall prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT EACH PARTY TO A DISPUTE HEREUNDER MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and we agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
14. RESEARCH AND OTHER YO-VIVO HEALTH PROGRAMS
You may also from time to time receive communications through YO-VIVO HEALTH alerting you to general research opportunities and specific research studies and other YO-VIVO HEALTH programs and opportunities that may be of interest to you. Research is a key pillar of the YO-VIVO HEALTH mission and is essential to providing our patients with innovative treatments and the best, most compassionate care available. Research-related communications are thoroughly vetted and approved by the relevant hospital committee that reviews all research involving patients, including how patients will be contacted and who may contact patients.
15. NOTICE OF PRIVACY PRACTICES AND WEBSITE PRIVACY POLICY
Access to and use of YO-VIVO HEALTH is also governed by the terms of the YO-VIVO HEALTH Notice of Privacy Practices and Website Privacy Policy , copies of which are accessible via the above links and which are incorporated by reference in these Gateway Terms.
16. YO-VIVO HEALTH IS CONTROLLED FROM PHILIPPINES
YO-VIVO HEALTH is operated from the Philippines. We make no representation that content or materials in YO-VIVO HEALTH are appropriate or available for use in other jurisdictions. Access to YO-VIVO HEALTH from jurisdictions where such access is unlawful is strictly prohibited. If you choose to access YO-VIVO HEALTH from other jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws.
17. MISCELLANEOUS
The Gateway Terms constitute the sole agreement between you and YO-VIVO HEALTH relating to your use and our provision of YO-VIVO HEALTH and the subject matter hereof, and no representations, statements or inducements, oral or written, not contained in these Gateway Terms shall bind either you or YO-VIVO HEALTH. Any terms herein which are determined to be invalid or unenforceable shall be ineffective to the extent of such invalidity or unenforceability, without rendering invalid or unenforceable any of the remaining terms of these Gateway Terms or affecting the validity or enforceability of these Gateway Terms as a whole. Failure to insist on performance of any of the terms herein will not operate as a waiver of any subsequent default. You may not assign, transfer or delegate your rights or obligations hereunder, in whole or in part. These Gateway Terms shall be binding upon and inure to the benefit of each of the parties and the parties' respective successors and permitted assigns.
A printed version of these Gateway Terms and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Gateway Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
18. CONTACT INFORMATION
If you have any questions, concerns or comments about these Gateway Terms or the YO-VIVO HEALTH, please contact us at the YO-VIVO HEALTH Help Desk 1800-745-9683.
These Gateway Terms were last updated October 24, 2021.
