Welcome to viiota/Microbiome Management LLC! These Terms lay down the ground rules for using our services, including our website, apps, and any cool health and wellness programs we offer. Think of it as our way of making sure everyone's on the same page. If there are extra rules for a specific part of what we offer, those take the lead for that part.
Hey there! Before diving into the fun stuff, take a moment to check out these Terms. They cover all the important stuff about our Services, like what we provide, how we charge you, and what happens if things change down the road. Oh, and just a heads up, if there's ever a disagreement between us, we're opting for friendly arbitration instead of heading to court. And no group lawsuits here, just individual resolutions. Let's keep it chill!
Getting started with viiota is easy! When you sign up, you'll need to create a user account with a username and password. Just make sure the info you give us is accurate and up to date. And please, no using someone else's name to pretend to be them - that's not cool. Your account is for you and you alone, so don't go passing it around without asking us first.
By the way, when you join, you're telling us you're old enough to make binding agreements in your neck of the woods. If you're signing up on behalf of someone else, like a family member, you're saying you have the legal authority to do so and give consent for their treatment.
Just a heads up, the Services are meant for your own personal use, not for anyone else's benefit. You've got to play by the rules and follow the laws that apply to you. viiota operates within the boundaries of state and federal regulations, so some Services might not be available where you are. Make sure you're not using the Services from places where it's not allowed or where we don't offer them. If the law says you can't use the Services, then unfortunately, you can't.
Keep your viiota User ID and password to yourself, and make sure they stay safe and secure. You're in charge of what happens with your account, so if you spot any funny business, let us know pronto at [email protected].
Providers are the folks who use the Services to help set up certain health care services for you through the Program. You can connect with them, along with accountability coaches and our support team, through telehealth. Providers give medical services for the Program, and each one does their own thing based on their professional judgment. They work for practices owned by licensed physicians, not us. These practices, including Kellman & Kaplan PLLC and Lean and Fit LLC, are collectively called the "Practices" here. We handle some management and admin stuff for the Practices, but we don't provide any health care services ourselves, and we don't tell Providers how to do their job. Just a heads up, we're not responsible for the quality of care you get from any Provider.
Providers who are part of the Program are independent pros working within their own professional groups. We don't dish out medical advice or diagnoses, or get in the way of what Providers do. Each Provider is responsible for their own services and sticking to the rules of their profession. We don't hire or boss around Providers, and we're not on the hook for how good their care is.
Even though some stuff you see might be from doctors, it doesn't mean we're your new doc. None of the content, except what you get from a Provider, should be seen as medical advice or a green light for any treatment.
Remember, our Services aren't a replacement for emergency medical care. If you're in a health or mental health crisis, don't wait around – get yourself to the nearest emergency room or dial 911 pronto.
Providers offer health care services through the Program using cool tech like audio, video, and messaging via the Services. Coaches might also chip in with wellness stuff that's not medical.
You might get to know Providers over time, but your first meeting might just be a chat to see if the Program's a good fit for you. Providers can decide if the Program isn't right for you or if they can't give you certain services. And if they think it's not the right move, they can say no – like if they're worried about you not using the Program right or for other reasons they think aren't cool.
Providers might need tests or meds for your care, which might mean extra costs for you. They might also use info you give them through the Services or stuff from your other healthcare providers.
Before jumping into the Program, you'll need to give the nod to our Consent to Telehealth and confirm you've seen our Privacy Practices. You might also need to agree to some other terms, like Membership Terms & Conditions or stuff related to third-party products and services. But just so you know, agreeing to those terms doesn't mean viiota, a Practice, or any Provider is on the hook for them.
Quick heads-up: Our Program isn't health insurance and doesn't count towards any mandates under federal law, like the Affordable Care Act. It's all about routine health care services, not insurance. Practices don't deal with federal or state health care programs like Medicare or Medicaid. If a Provider suggests tests or services not offered by the Practices, it's up to you to check if your insurance covers them. We can't promise your insurance will pay for anything related to the Program or other services you get from us.
For the lowdown on how Providers and Practices handle your health info, check out their Notice of Privacy Practices. And for how we handle your personal info at viiota, our Privacy Policy's got you covered. If you're curious about privacy stuff, drop us a line at [email protected].
As part of the Services, you might get messages through email or text. By signing up and giving us your phone number, you're saying it's cool for viiota and the Practices to send you stuff we think you'll like. We might use automated tech to text you, and you're okay with that. Also, you confirm that any family members you sign up for or provide a phone number for are cool with getting messages too. And if you break this agreement, you promise to cover any fallout for viiota and the Practices.
When you use the Services or shoot us emails or messages from your computer or phone, it's all digital. You're cool with getting electronic messages from us, right? We're on the same page that electronic signatures work for agreements and consents, and that anything we send you electronically counts as official.
We might get in touch with you by phone, mail, text, or email about the Program or Services, or to double-check your info, which might include health stuff for you or your family. Just so you know, these messages might not be super secure, so there's a chance someone else could see them. Keep us in the loop if your contact info changes.
Sometimes we might need more info from you to make sure everything's legit. If we ask for it and you don't give it to us within two weeks, we might have to put a pause on your access to the Services or Program until you do.
You promise not to do anything funky with the Services or Program, like: (a) Messing with anyone's intellectual property or other rights, including ours. (b) Pretending to be someone else or saying you're connected to someone or something when you're not. (c) Sending stuff you're not supposed to, whether it's because of a law or a promise you made. (d) Breaking any laws or rules, like export controls or privacy laws, or using the Services for stuff they're not meant for. (e) Doing anything sketchy, like being dangerous, lying, or harassing people. And definitely no explicit or harmful content, especially for minors. (f) Putting down any group of people based on their ethnicity, race, gender, or religion. (g) Using offensive language or images.
(h) Bullying, acting inappropriately, making unwanted advances, being verbally abusive, making racist comments, or behaving in a way viiota thinks is unprofessional. (i) Encouraging or glorifying violence against anyone or any group. (j) Giving instructions on how to do illegal stuff. (k) Putting your viiota User ID or anyone else's account security at risk, like letting someone else use your account. (l) Trying to get someone else's password or account info. (m) Messing with any computer network's security or trying to crack passwords. (n) Sending out spam or anything else that messes with how the Services work. (o) Sending unsolicited ads, junk mail, or any other kind of spam. (p) Reaching out to other users without their okay, like through unwanted emails or calls. (q) Trying to scrape or copy stuff from the Services without permission. (r) Grabbing big chunks of Content. (s) Collecting personal info about other users without their consent. (t) Sending viruses or anything else that could mess up computer systems. (u) Messing with the Services or their networks, like by using viruses or cancel bots.
(v) Trying to mess with the Services' inner workings, like trying to figure out how they're made or faking results from them. (w) Using anything from the Services for stuff you're not supposed to. (x) Helping someone else do things that aren't allowed by these Terms.
If viiota thinks you're breaking these rules, we can take action to stop it, like kicking you out of the Services or Program and getting rid of any info you've shared. We'll do what we need to do to fix or stop the problem.
As long as you stick to these Terms, you've got our okay to use the Services for your personal, non-commercial needs. All the stuff you see on the Services, like text, images, and user info (we call it "Content"), is protected by copyright and other laws. Be sure to follow any copyright or trademark rules you come across and don't mess with any Content that isn't yours without permission from the owner.
We give everyone using the Services a license to use the Content, but only for using the Services. Any other use, like copying or distributing Content, needs our okay first. Just so you know, we own the Services, so don't go changing them or trying to sell them off.
You might have the option to copy or download some Content from the Services, but remember, all the rules in this section still apply. You can make one copy of the Content for your own personal use, as long as you keep all the copyright and other notices intact. But don't go sharing or using the Content in any other way.
The images you see on the Services belong to viiota or are used with permission. Unless these Terms or the Services say otherwise, you're not allowed to use these images. Using them without permission could break copyright, trademark, and privacy laws.
User Information Whatever you share, upload, or provide through the Services—like text, photos, or videos—is your "User Information." You're the one responsible for all the User Information you put out there. You promise that everything you share is accurate, up-to-date, and follows the rules.
Licenses When you share User Information on the Services, you're giving viiota some rights to use it. By doing so, you're giving viiota permission to use, modify, and share your User Information worldwide and forever, without having to pay you. This includes using your stuff to promote the Services and viiota's business, even after you've stopped using the Services.
Anything you send viiota through the Services can be used by viiota for whatever they want, like making new products or marketing stuff. This doesn't change the fact that you still own your User Information and can give other people permission to use it too, unless we agree otherwise in writing.
You promise that you have the right to give viiota these permissions without stepping on anyone else's toes, including their privacy, copyright, or trademark rights.
Lastly, you get that viiota might need to tweak your User Information a bit to make it work with the tech stuff, like networks and devices. By sharing your User Information, you're cool with viiota making these necessary tweaks.
We follow the rules set out in the Digital Millennium Copyright Act (DMCA) regarding copyright infringement. If we think someone's sharing copyrighted material without permission, we might: (1) Remove the material or block access to it, and (2) Stop providing our services to people who keep doing it.
Here's how you can report copyright infringement: (a) Let us know if you think someone's using your copyrighted stuff without permission. (b) Tell us what's being infringed and where we can find it. (c) Give us your contact info. (d) Confirm that you believe the material isn't authorized. (e) Promise that the info you're giving is true.
Once we get a proper notice of copyright infringement, we might: (a) Remove the infringing material or block access to it.
(b) We'll let the person accused of infringement know if we've taken down or blocked their stuff. (c) If someone keeps breaking the rules, we might kick them out of the Services.
Here's how to respond if you think your stuff was taken down by mistake: (a) Tell us who you are. (b) Explain where your stuff was before we removed it. (c) Say you think there was a mistake. (d) Give us your contact info and agree to deal with any legal stuff in a specific court.
If we get a response saying there was a mistake, we might put the stuff back up within 10 business days, unless the copyright owner takes legal action. You can reach out to our DMCA Designated Agent at the address below:
Viiota/Microbiome Management LLC
Attn: DMCA Designated Agent
7 West 45th Street, Suite 301
New York, NY 10036
Some of the stuff you see on the Services is from viiota ("viiota Content"), while other stuff might come from other users or third parties. viiota isn't responsible for what others post or share on the Services. You're on your own when you use that info or content, and viiota isn't liable for any mistakes or losses you might have because of it. Also, viiota can't control how you interpret or use the content, so they're not responsible for any actions you take based on it. You're responsible for whatever content you contribute to the Services, and you promise that you have the right to share it.
The Services might have links to other websites or services that aren't run by viiota. Any info you give on those sites is subject to their rules. viiota doesn't endorse those sites, and they're not responsible for any errors or harm from them. When you use those third-party sites or services, you're taking a risk, and viiota isn't responsible for any problems that come up. They suggest you check out the terms and privacy policies of those sites before using them. By using the Services, you agree not to hold viiota responsible for any issues with third-party sites or services.
If there's a fight between users on the Services or with a third party, viiota doesn't have to get involved. If you have a problem with someone else, you can't blame viiota or its team for it. You agree not to sue or hold viiota, its staff, or anyone else associated with it responsible for any disagreements or issues you have while using the Services.
Viiota is always looking to make the Services and its Programs better, so they might change things up from time to time. They could add new features, take away old ones, or put limits on certain features. Sometimes, they might even have to stop offering certain parts of the Services or the Program altogether. Just know that viiota isn't responsible if there are any hiccups in how information gets transmitted over phone lines or the internet.
If needed, viiota can remove any content from the Services at their discretion, without telling you first. This could happen if someone complains that your content breaks the rules in these Terms. They also have the right to keep, delete, or get rid of any messages or info that you post on the Services, following their own rules about keeping records.
You're free to stop using the Services whenever you want. If you want to end your participation in a Program, just shoot viiota an email at [email protected]. Keep in mind that whether you're eligible for a refund depends on our Refund Policy.
If you're part of a Program through your employer, there might be extra terms and conditions you agreed to when signing up.
Viiota can end your participation in a Program if they have a good reason, like if you keep missing appointments, or if they can't get in touch with you for a while. If you're not paying your fees, harassing others on the platform, or not meeting the Program's requirements, they might also end your participation.
If viiota thinks you've broken the rules in the Terms or any other agreement, they can suspend or stop your use of the Services or your Program. Whether you're eligible for a refund after a Program is terminated depends on our Refund Policy.
Viiota, the Practices (including Providers), and all their partners, licensors, affiliates, and related parties, along with their officers, directors, employees, and agents (together, the “viiota Parties”), don't make any guarantees about the Services. This includes the accuracy, legality, or decency of any Content you find on or through the Services. The viiota Parties aren't liable for any claims, expenses, or damages that arise from your use of the Services or your participation in any Program.
They also don't make any promises about the services or products recommended or purchased through the Services. Anything you buy or use based on these suggestions is provided "AS-IS" and without any warranty from the viiota Parties or anyone else, unless specifically stated otherwise in writing by a designated third party for a particular product.
You understand and agree that your use of the Services comes with inherent risks. Viiota, along with the Practices and their respective licensors and suppliers, provide the Services and Content on an "AS-IS" and "AS AVAILABLE" basis, without any warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
Viiota doesn't guarantee that the Services will meet your needs, be uninterrupted, secure, or error-free, or that any products or services obtained through the Services will meet your expectations. You acknowledge that any material downloaded or obtained through the Services is done at your own risk, and you're solely responsible for any damage to your computer system or loss of data.
Any advice or information obtained from viiota or through the Services does not create any warranty not expressly stated in the Terms. Viiota doesn't control or endorse any actions resulting from your use of the Services, and therefore, they disclaim any liability for such actions. Keep in mind that advice or information obtained from viiota personnel or through the Services doesn't create any warranty not expressly provided in the Terms.
The general advice shared through the Services is just for informational purposes and isn't meant to replace any medical advice. Viiota doesn't make any guarantees about the advice given and isn't liable for any actions taken based on that advice. If you have specific concerns or need medical advice, it's best to consult with a qualified medical professional.
Under no circumstances shall viiota or any of its parties be liable for any indirect, special, or incidental damages, including lost profits or data, business interruption, or computer issues. Our liability is limited to the greater of $100 or the amount you paid viiota in the last twelve months. We're not responsible for matters beyond our control. You waive any rights under California Civil Code Section 1542 or similar laws that limit releases.
You're responsible for any claims, damages, or losses that arise from: (a) your use of the Services, (b) violating these Terms, (c) any information you provide to viiota, (d) any negligent or wrongful actions on your part, and (e) not following laws or regulations. If there's a claim, we'll try to let you know, but you're still responsible even if we can't reach you.
You can't pass on these Terms or your viiota account without viiota's written permission. Viiota can transfer these Terms or any part of them whenever they want. These Terms apply to anyone who inherits or takes over your account or viiota's rights.
These Terms follow the Federal Arbitration Act, federal law, and New York State law, without considering conflicts of laws.
Please take a moment to review the following ARBITRATION AGREEMENT carefully as it outlines how certain disputes and claims with viiota will be resolved and the limitations on seeking relief from viiota. Both you and viiota agree that for any disputes arising from these Terms, viiota's officers, directors, employees, and independent contractors ("Personnel") are considered third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Personnel will have the right to enforce them against you as third-party beneficiaries.
(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties will make every effort to resolve any disputes through good-faith negotiations before resorting to arbitration. If negotiations fail to resolve the dispute, it will be settled by binding arbitration in Manhattan, New York City, New York State. The arbitration will be conducted in English, following the JAMS Streamlined Arbitration Rules and Procedures, by an arbitrator experienced in intellectual property and commercial contract disputes selected from the JAMS arbitrators list. The arbitrator's award may be enforced in any court of competent jurisdiction.
(b) Costs of Arbitration. All arbitration fees will be governed by the Rules. Viiota will cover all arbitration fees for claims under seventy-five thousand dollars ($50,000). Viiota will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines your claim is frivolous.
(c) Small Claims Court; Infringement. If eligible, either you or viiota can bring claims in small claims court in Manhattan, New York City, New York, or any United States county where you live or work. Additionally, despite the obligation to arbitrate disputes, each party has the right to seek injunctive or other equitable relief in any court to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights.
(d) Waiver of Jury Trial. YOU AND VIIOTA AGREE TO WAIVE ANY RIGHTS TO A COURT TRIAL IN FRONT OF A JUDGE OR JURY. Instead, disputes will be resolved through arbitration, which is typically more efficient and less costly than court proceedings. In any litigation over an arbitration award, both parties waive the right to a jury trial and opt for resolution by a judge.
(e) Waiver of Class or Consolidated Actions. ALL DISPUTES UNDER THIS ARBITRATION AGREEMENT MUST BE HANDLED INDIVIDUALLY, NOT AS PART OF A CLASS ACTION. Claims of multiple users cannot be combined. If this waiver is deemed invalid, neither you nor viiota are entitled to arbitration; instead, disputes will be resolved in court as outlined in (g) below.
(f) Opt-out. You have the option to opt out of arbitration by sending written notice to Viiota's Legal Department within thirty (30) days of accepting these Terms. Include your name, address, account email/phone, and a statement of your decision to opt out.
(g) Exclusive Venue. If you opt out or in certain circumstances where arbitration doesn't apply, both parties agree to litigate disputes in state or federal courts in New York, New York, or the federal district where that county is located, excluding small claims actions.
(h) Severability. If the class action waiver is unenforceable, the entire arbitration section becomes null. However, the arbitration agreement remains valid even after your relationship with viiota ends.
We're always working on making our Services better, which means these Terms might need updates too. If we make any changes, we'll let you know through the Services, email, or some other way. If you don't like the new Terms, you can opt out, but that means you won't be able to use the Services anymore. If you keep using the Services after the changes take effect, it means you're okay with the updates.
Some things still apply even after these Terms end, like your responsibility to pay any owed money or cover any losses for viiota, limits on viiota's liability, and rules about intellectual property. You're responsible for handling taxes related to your use of the Services. If either you or viiota doesn't enforce a right under these Terms, it doesn't mean giving up that right. These Terms are just between you and viiota, and nobody else can benefit from them. If any part of these Terms isn't enforceable, the rest still apply. These Terms replace any previous agreements between you and viiota about the Services. You agree that you're not viiota's agent and can't legally represent viiota. viiota won't be responsible for any problems caused by things like natural disasters or other events beyond their control. If you have any questions about these Terms, feel free to reach out to viiota at [email protected].
Let's take the first step together today.
