Terms & Conditions

Welcome to the VyaHealth (“VyaHealth” or “we” or “us”) service hosted at www.VyaHealth.com and other affiliated websites and mobile phone applications (collectively, the “Service”). These Terms of Service and other referenced policies explain:

• How VyaHealth provides its online service to you (“you”), as a user, when you apply for a VyaHealth account;
• The terms and conditions under which we provide the VyaHealth Service; and
• The terms and conditions for using our website at www.VyaHealth.com, the VyaHealth mobile application, or elements of VyaHealth’s technology platform (such as group affiliation widgets present on its client’s websites) (collectively, the “Website”).

The acceptance of terms for VyaHealth involves understanding and agreeing to how the app collects, uses, shares, and protects your personal information. Here are some key points from the Privacy Policy and the company website:

• Data Sharing: VyaHealth will never share your biometric data with a third party except to protect you or others from identity theft
• Personal Information: The app collects personal information such as your name, email address, phone number, date of birth, and sex to personalize your experience and communicate with you.
• Health Information: The app collects health-related information, including but not limited to your height, weight, sleep duration, alcohol intake, blood type, ongoing symptoms, prescriptions, and allergies to provide personalized health insights and recommendations.
• Usage Data: The app collects information about how you use the app, including your interactions with features and pages visited.
• Device Information: The app collects device information such as your device type, operating system, unique device identifiers, IP address, and mobile network information.
• Data Usage: The collected information is used to provide and personalize the Service, analyze and improve the quality of the Service, communicate with you, and conduct research and analysis.
• Data Sharing: The app does not share your personal information with third parties for marketing purposes without your consent. It may share your information with third-party service providers to assist in providing the Service, such as hosting, analytics, and customer support.
• Data Security: The app uses all appropriate measures to protect the security of your personal information.
• Children’s Privacy: The Service is not intended for individuals under the age of 18.
• Changes to Privacy Policy: The Privacy Policy may be updated at any time, and users are encouraged to review.

Agreement to Terms of Service

Provision of the Service and your acceptance of all applicable terms and conditions, policies, and all other obligations upon you, will be governed by Wyoming law and controlling U.S. Federal law, or where indicated, all other applicable international laws. 

NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THE TERMS OF SERVICE INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, THAT MAY AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH VYAHEALTH. 

Please read these Terms of Service carefully. By signing-up to use the VyaHealth Service you acknowledge that you have read, understood, and agreed to be bound to all the terms of these Terms of Service as well as the policies referenced in these Terms of Service, including our Privacy Policy, and other policies that VyaHealth may from time-to-time issue. We reserve the right to modify the Terms of Service at any time, with material changes being communicated to you via email or on our homepage as further described below. If you do not agree to these terms, please do not access or use the Service or Website.

Global Minimum Age Requirements: Persons under the age of 18 may not use the Service or Website. The Service and Website are neither intended for nor designed to be used by anyone under the age of 18. The Website and Service are intended solely for persons who are 18 years of age or older. Any access to or use of the Website or Service by anyone under 18 years of age is expressly prohibited. By accessing or using the Website or Service, you represent and warrant that you are 18 years old or older. If you have reason to believe that a person under 18 years of age is using our Service or Website, please contact us at admin@VyaHealth.com and we will immediately delete such information, subject to and in compliance with applicable law. 

If we decide to change these Terms of Service, we will post those changes to this page so that you are aware of them. We reserve the right to modify these Terms of Service at any time, so please review it frequently. If we make material changes to these Terms of Service, we will notify you here, by email, or by means of notice on our home page. Unless otherwise noted by us, your continuing use of VyaHealth’s services after we have notified you of any changes to these Terms of Service will indicate your agreement to all changes. If, at any time, you do not agree to any terms of VyaHealth’s applicable Terms of Service you may close your account.

Service Definition

The Service we Provide. The VyaHealth Service allows  users to securely store, organize, and share their health data at their discretion with loved ones or other parties that may require this information (e.g. spouses, caregivers, children, medical providers, etc.). VyaHealth facilitates patient-authorized access to electronic health information consistent with the HIPAA Privacy Rule (45 C.F.R. Section 164.524) and the 21st Century Cures Act. VyaHealth acts solely as an agent of the individual, not as a covered entity or business associate of healthcare providers.

The VyaHealth Service features including but not limited to health data integration, emergency preparedness, and provider efficiency. VyaHealth aggregates, organizes, and protects a user’s private health information based upon widely recognized data safety technological standards while simultaneously providing a secure platform to share the information with trusted parties at the users’ discretion. In addition, VyaHealth provides its registered users (“Members”) with access to certain exclusive benefits, including actionable health recommendations, information about relevant clinical research, health services or other resources to promote and maintain good health, offered by participating retailers, service providers, employers, benefits administrators, and municipal, state and federal government agencies (“Relying Parties”). Additional benefits and discounts may be offered to eligible parties, including the elderly, those with certain disabilities or medical conditions, first responders, and members of other designated groups. To verify whether you qualify to receive these discounts and benefits, you will be required to provide us with certain personally identifiable information as described in our Privacy Policy. By providing us with this information, you understand, agree, and authorize us to use such information to verify your eligibility, which shall include, but not be limited to, sharing such information with (i) certain third party entities who are capable of helping us verify your identity or affiliations, (ii) Relying Parties that wish to offer certain access privileges to you upon the receipt of your explicit consent, and (iii) otherwise as detailed in our Privacy Policy. Before VyaHealth provides a third party with your information, you will be asked to authorize this release. This process is further described in our Privacy Policy. You may revoke subsequent access to this information by VyaHealth or by any Relying Party at any time by accessing your account settings. Elements of VyaHealth’s services are:

• Health Data Integration: VyaHealth compiles, organizes, and translates complex health information from various sources into a concise profile.
• Ease of Information Transfer: Eliminates the need for outdated methods like fax machines, creating a secure hub for your health profile, including status, symptoms, scans, test results, treatments, etc.
• Emergency Preparedness: VyaHealth enables you to share critical health information with designated family or caregivers in emergencies, ensuring they have access to your comprehensive health profile.
• Provider Efficiency: VyaHealth aids healthcare providers by presenting a clear, concise, and comprehensive health profile, allowing for quick familiarization and more effective patient visits.
• Data Empowerment: VyaHealth utilizes the data you input to offer actionable insights and recommendations, helping you make the most of each healthcare appointment and own your health.

Prior to using VyaHealth, you must indicate that you understand and agree to be bound by these Terms of Service. From time to time, (e.g., when we are validating your VyaHealth account, when we are re-confirming or re-validating the information in your account, and/or when you are renewing your registration with VyaHealth or its Services), we may, request that you reaffirm your understanding and agreement to be bound by these Terms of Service.

How do we do this? VyaHealth maintains an account for you that contains your identity and group affiliation information. Before you are able to use your account, VyaHealth must first verify your identity through a process called identity proofing. As part of the identity proofing process, you must provide us with various forms of information such as your name, date of birth, street address, email address, telephone number, and other personal information.

VyaHealth provides ”Unsupervised” identity proofing, where you can sign-up online from a personal computer or mobile device. If we have problems with the identity proofing process, we may ask for further information to help us establish your identity and, in some cases, we may refer Unsupervised applicants to a Trusted Referee, so that they may complete the process in-person. In either case, our identity proofing process meets or exceeds industry best practices and applicable established standards. When we review your forms of identity evidence, we may use special technologies to validate the documents you submit. In addition, to make it easier for you to enter your address, VyaHealth uses Google Maps APIs. By using the VyaHealth Service, you are agreeing that you are bound to the Google Terms of Service and Google Privacy Policy. In addition, VyaHealth Privacy Policy gives you details of how we protect the personal information you provide to us. Once we have completed our verifications, we will validate your VyaHealth account and you will be able to use your VyaHealth account. As further outlined in our Privacy Policy, VyaHealth will not provide your personal information to a third party without your express consent.

Your Obligations. By using the VyaHealth Service, you expressly agree that:

1. your identity, as established by the information and documents that you submit, matches the identity you claim while using the VyaHealth Service.  Members may direct VyaHealth to share or retrieve their electronic health information from any lawful source, regardless of vendor or network participation. Such direction shall not be restricted, delayed, or conditioned on any electronic health-record (EHR) vendor affiliation or commercial relationship.
2. all information provided by you is accurate; 
3. any recommendations, resources, educational materials, or other benefits (collectively, “Benefits”) are intended for the Member’s personal use. Commercial use of any Benefits for the Member’s financial gain is strictly prohibited.

Please note that Members may only use their VyaHealth account to store and manage their own health data, and any use by a party other than the Member or Member’s designate, will be considered a material misrepresentation. VyaHealth, in its sole discretion, may immediately revoke a Member’s VyaHealth account upon learning of a violation of any terms contained herein, including, but not limited to inappropriate use of a Member’s VyaHealth account, and reserves the right to seek all other available remedies, in law or in equity.

General Provisions

Any unauthorized use of the VyaHealth Service or access to this Website, including without limitation for any commercial or competitive purpose is strictly prohibited and may result in suspension or termination of your account. In addition, you must NOT:

1. Falsely claim an identity other than your own or one you are establishing on behalf of another person with their specific authority;
2. Falsely claim that you are affiliated with a particular group;
3. Falsely claim that you possess or use a validated account;
4. Falsely claim that you are associated with another person or entity;
5. Collect information about VyaHealth, the Website or users of the Website without VyaHealth’s written consent;
6. Modify, frame, render (or re-render), mirror, truncate, inject, filter or change any content or information contained in the Website, without VyaHealth’s written consent;
7. Use any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor the Website or any portion thereof;
8. Disguise the origin of information transmitted to, from, or through the Website;
9. Circumvent any measures implemented by VyaHealth aimed at preventing violations of the Terms of Service.

In addition to violating the Terms of Service of the Website, any of the foregoing actions on your part, or on behalf of any entity you are representing, constitutes intentional, unauthorized access of VyaHealth’s protected computer, may constitute a violation of state and federal law, including, but not limited to the Computer Fraud and Abuse Act (18 U.S.C. § 1030), and may potentially subject you and any affiliated parties to legal action, including civil liability and criminal prosecution.

Nothing in these Terms shall be construed to limit or waive a patient’s lawful right of access, exchange, or transmission of their electronic health information through VyaHealth, consistent with the 21st Century Cures Act and the ONC Information Blocking Rule.

Use of Website Content

All materials provided on the Website, including but not limited to information, documents, products, logos, graphics, sounds, images, compilations, content and services (“Materials” or “Content”), are provided either by VyaHealth or by respective third-party authors, developers or vendors (“Third Party Providers”) and are the intellectual property of VyaHealth and/or its Third Party Providers (or is permitted/licensed to be used by Third Party Providers), unless specifically provided otherwise. Except as stated herein, none of the Materials may be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of VyaHealth and/or a Third Party Provider. Also, you may not “mirror” or “archive” any Materials contained on the Website on any other server without VyaHealth’s prior express written permission. Except where expressly provided otherwise by VyaHealth, nothing on the Website shall be construed to confer any license or ownership right in or to the Materials, under any of VyaHealth’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by VyaHealth. VyaHealth does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by VyaHealth. Any unauthorized use of any Materials contained on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes. It is your obligation to comply with all applicable state, federal and international laws. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password and must notify us of any unauthorized use.

Termination

Termination of Your account: You may suspend, revoke or terminate your VyaHealth account, or your use of this Service at any time, for any reason or for no reason by contacting us at: admin@VyaHealth.com. Termination of your account does not relieve you of any obligations incurred prior to the termination or limit any liability you otherwise may have to VyaHealth, including any indemnification obligations contained in these Terms. In spite of any suspension, revocation or termination, you remain personally liable for any orders that you place or charges that you incur prior to termination. In the unlikely event that VyaHealth terminates the overall provision of its service, VyaHealth protect and/or destroy your Personally Identifiable Information in accordance with our Privacy Policy. Upon termination of your account, you will lose access to the Services. In addition, VyaHealth may block access to the services from an IP address or range of IP addresses associated with those of terminated users. Upon termination, all information associated with your account, including health information, we reserve the right to delete all information associated with your account. We will not have any liability whatsoever for any termination of your account or related deletion of your information.

Links to third party sites

The VyaHealth Service may provide and the Website may contain links or have references to websites controlled by parties other than VyaHealth. VyaHealth is not responsible for and does not endorse or accept any responsibility for the contents or use of these third-party websites. Moreover, these third-party websites are governed by their own terms of use and privacy policies, it is your responsibility to review their terms of use and privacy policies. VyaHealth is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by VyaHealth of the linked website and/or the content and materials found at the linked website, except as specifically stated otherwise by VyaHealth. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature.

Your account may be validated by using a third-party authentication method from a third-party app or site. You understand that that the third-party app site that you allow to authenticate you, has its own terms of service and privacy policy that would apply to your use of such app or site. In the event that you use a third-party authentication method, you represent that you are and have authorized access to the third-party account and are bound by the terms and conditions of that third party.

Submissions

 All comments, feedback, information, and data submitted to VyaHealth in connection with the Service, Website, or any other VyaHealth products or services (“Submissions”) shall be treated as confidential, except where explicitly stated otherwise by VyaHealth. While you retain copyright ownership of any images you upload, you grant VyaHealth a perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, modify, publish, and distribute such images, de-identified and stripped of personally identifiable information, for any purpose. By submitting such materials, you assign to VyaHealth all rights, title, and interest in the copyrights and other intellectual property rights of the Submissions as consideration for your use of the Service and Website. You affirm that you have the authority to grant these rights. VyaHealth may use or disseminate your Submissions without restriction and is not liable for any claims arising from your Submissions. You acknowledge that you are responsible for the Submissions that you provide, and that you, not VyaHealth, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright. Any license granted to excludes any personally identifiable or protected health information unless such data have been expressly anonymized or are shared pursuant to the user’s explicit consent.

You will not post any Submission that (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic, or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity.

VyaHealth reserves the right, but disclaims any obligation or responsibility, to (a) refuse to post or communicate or remove any Submission from any VyaHealth site that violates these Terms of Service and (b) identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these Terms of Service and/or protect the safety or security of any person or property, including any VyaHealth site. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever. All Submissions must be true, and in accordance with the rights of privacy and publicity and all federal, state and international law. You may not upload an image or any likeness of another without their consent. If you do so, VyaHealth reserves the right to cancel or suspend your account. Furthermore, VyaHealth reserves the right to cancel or suspend your account, if in its sole discretion, it believes you are using VyaHealth for improper purposes, or any purpose inconsistent with its business.

Limitation of liability

In no event shall VyaHealth be liable to anyone for any indirect, punitive, special, exemplary, incidental, or consequential damages, or for any damages to your computer, telecommunication equipment, or other property and/or for loss of data, content, images, revenue, profits, use or other economic advantage, arising out of, or in any way connected with these terms, including but not limited to the accessing or use of, or inability to use, the Website or the VyaHealth Service, regardless of cause, whether in an action in contract or negligence or other tortious action, even if VyaHealth was previously advised of the possibility of such damages. This limitation of liability does not apply to breaches of or related to your indemnity obligations.  This paragraph shall not affect the rights listed below in the section titled “Indemnities”. To the extent allowed by law, in no event shall the aggregate liability of VyaHealth exceed $1,000.00.  

Licenses from VyaHealth

 VyaHealth grants you a limited, revocable license to access and use the Service and Website, contingent upon your compliance with these Terms of Service. All rights not expressly granted to you are expressly reserved by VyaHealth.

Licenses from You

You grant to VyaHealth and its Third Party Providers the non-exclusive, worldwide right to use, copy, transmit and display any data, information, Content or other Materials, provided to VyaHealth by you in the course of accessing and/or using the Service and/or Website. Notwithstanding the foregoing, VyaHealth’s obligations regarding identification and other information concerning your personal information shall at all times be governed by the terms of its Privacy Policy.

Representations and Warranties

Each party represents and warrants that it has the power and authority to enter into these Terms. VyaHealth warrants that it will provide the Website and the VyaHealth Service in a manner consistent with its business practices, as VyaHealth, in its sole and absolute discretion, deems fit. You represent and warrant that any information you provide in connection with the VyaHealth Service is accurate and current and that you have the right to provide such information.

Disclaimer of Warranties

Except where expressly provided otherwise by VyaHealth, the VyaHealth Service and the Website are provided “as is” and “as available.” Except for the express warranties set forth herein, VyaHealth hereby disclaims all express or implied representations, warranties, guarantees, and conditions with regard to the VyaHealth Service and Website including but not limited to any implied representations, warranties, guaranties, and conditions of merchantability, fitness for a particular purpose, title and non-infringement. Except to the extent that such disclaimers are held to be legally invalid. VyaHealth makes no representations, guarantees or warranties regarding the reliability, availability, timeliness, quality, suitability, truth, accuracy or completeness of the Website, VyaHealth Service, materials associated therewith, or the results you may obtain by accessing or using the Website, the VyaHealth Service or materials associated therewith. Without limiting the generality of the foregoing, VyaHealth does not represent or warrant that (a) the operation or use of the Website, VyaHealth Service or materials will be timely, secure, uninterrupted or error-free. You acknowledge that VyaHealth controls the transfer of data over communications facilities, including the internet, and that the Website and VyaHealth Service may be subject to limitations, delays, interception and other problems inherent in the use of such communications facilities. VyaHealth is not responsible for any delays, delivery failures, or other damage resulting from such problems.  VyaHealth does not provide medical advice, and the information provided by the App is intended for informational purposes only. It is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or any other medical concerns. VyaHealth does not warrant that the App, its servers, or email sent from VyaHealth are free of viruses or other harmful components. VyaHealth will not be liable for any damages of any kind arising from the use of the App, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. While VyaHealth strives to keep the information on the App accurate, complete, and up-to-date, VyaHealth cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness, or timeliness of the information. VyaHealthdoes not sell, license, or otherwise monetize user data. Its role is limited to facilitating user-directed access and secure transmission of health information. Patients retain ownership and full control of their information; VyaHealth functions solely as custodian and conduit.

Indemnities

You will defend, indemnify and hold VyaHealth harmless against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with a claim by any third party related to your use of the Website and the VyaHealth Service.

Your responsibilities

You will comply with all applicable local, state, national and foreign laws, treaties, regulations, and conventions in connection with your use of the Website and VyaHealth Service, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data from locations other than the location from which VyaHealth controls and operates the Website and services associated therewith. Furthermore, you expressly agree not to violate any rights of publicity or privacy of any person, nor defame any person or entity. You are responsible for maintaining accurate account information at all times, including valid email address information. You are responsible for keeping your email address, passwords, account numbers, and other account information confidential. VyaHealth is entitled to act on instructions received under your username and password. VyaHealth is not responsible for any changes made to your account by someone else who uses your password. VyaHealth will not be responsible for any losses or liabilities incurred through the use of your password by a third party. You authorize VyaHealth to disclose to third parties, information you have provided, or information that VyaHealth has obtained about your VyaHealth account, as further set forth in our Privacy Policy.

Notices

For general changes which do not affect the collection or handling of users’ personal information in a more restrictive way, VyaHealth may give notice by means of a general notice on the Website, electronic mail to your e-mail address on record in VyaHealth’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in VyaHealth’s account information. You may give notice to VyaHealth at any time by letter delivered by registered mail with return receipt to: VyaHealth, 7151 O’Kelly Chapel Rd, #119, Cary NC, 27519. All notices shall be deemed to have been given seven days after mailing, email or posting to the Website. VyaHealth may make material change to the Service that affects the prior or ongoing collection, use, dissemination or maintenance of a user’s personal information, and will notify you of these changes as set forth in our Privacy Policy.

Resolution of Dispute

VyaHealth offers the following process to help you resolve a complaint or Dispute (as defined below) that you may have with VyaHealth, any services offered via the Website or Service, or use of the Website or Service. Please read this section carefully. Our Customer Service Department contact is: admin@VyaHealth.com

Step 1. Notice of Dispute. You must first try to resolve any complaint or Dispute with VyaHealth through VyaHealth’s Notice of Dispute process. You begin by submitting a “Notice of Dispute” with any supporting documents or other information by U.S. Mail to: VyaHealth. Attn: Dispute Resolution Department, 7151 O’Kelly Chapel Rd, #119, Cary NC, 27519. A “Notice of Dispute” is a written form in which you provide your name, address, contact information, email address, the facts regarding your Dispute, and the relief you are requesting from VyaHealth. Once VyaHealth receives your Notice of Dispute, you and VyaHealth will attempt to resolve any Dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is received by VyaHealth. If an agreement cannot be reached within sixty (60) days of receipt of the Notice of Dispute, you or VyaHealth may initiate an arbitration proceeding or small claims action as described below. You agree that the term “Dispute” in this Agreement will have the broadest meaning possible. It applies to any dispute, action, or other controversy between you and VyaHealth relating to the Website or the Service, any transaction or relationship between you and VyaHealth resulting from your use of the Website or Service, communications between you and VyaHealth, the purchase/order/use of goods or services from the Website, or the Agreement embodied by the Terms of Service or Privacy Policy – whether in contract, warranty, tort, laws or regulation. The term also applies to any dispute over the validity, enforceability, or scope of this arbitration provision.

Step 2. Arbitration. If your Dispute is not resolved to your satisfaction within 60 days from when VyaHealth received your Notice of Dispute, you and VyaHealth agree to arbitrate all Disputes between you and VyaHealth. As we explain below, you and VyaHealth also may also have the right to bring an individual action before a Small Claims Court for certain claims. You agree that arbitration or a small claims action will be your sole and exclusive remedy to resolve any dispute with VyaHealth. The Federal Arbitration Act applies to this Agreement. By agreeing to arbitrate, you are giving up the right to litigate (or participate in as a party or class member) any and all Disputes in a court before a judge or jury (except Small Claims Court). Instead, a neutral arbitrator will resolve all Disputes.

Class Action Waiver. Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Class arbitrations, class actions, private attorney general actions, consolidation of your Dispute with other arbitrations, or any other proceeding in which either party acts or proposes to act in a representative capacity or as a private attorney general are not permitted and are waived by you, and an arbitrator will have no jurisdiction to hear such claims. If a court or arbitrator finds that the class action waiver in this section is unenforceable as to all or some parts of a Dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this Dispute resolution section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect. Costs If you initiate an arbitration, VyaHealth will promptly reimburse you for any standard filing fee you may have been required to pay, once you have notified VyaHealth in writing and provided a copy of the arbitration demand. However, if VyaHealth is the prevailing party in the arbitration, VyaHealth will be entitled to seek and recover our attorneys’ fees and costs, subject to the arbitrator’s determination and applicable law.

Small Claims Option. You may also litigate any Dispute in North Carolina, if the Dispute meets all requirements to be heard in the small claims court. However, if you initiate a Small Claims case, you are responsible for all your court costs.

Choice of Law and Forum Selection. You agree that the laws of the State of Delaware govern this agreement and any claim or Dispute or issues arising from it, without regard to Delaware’s conflict of laws rules. Unless you and VyaHealth agree otherwise, in the event that the Agreement to arbitrate above is found not to apply to you or to a particular claim or Dispute as a result of a decision by the arbitrator or a court order, you agree that any Disputes or claims that you may have against VyaHealth reside in and will be resolved by a state or federal court located in Delaware and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. To the extent federal law governs patient data access and interoperability, the HIPAA Privacy Rule (45 C.F.R. Section 164.524) and the 21st Century Cures Act shall control. VyaHealth’s operations and dispute-resolution procedures will be interpreted to further patient-directed access consistent with those statutes.

Security and Compliance

VyaHealth adheres to industry-recognized security frameworks, including SOC 2 and/or HITRUST certification, and maintains breach-response and notification procedures consistent with the FTC Health Breach Notification Rule (16 C.F.R. Section 318) and HHS requirements.

Miscellaneous

These Terms represents the parties’ entire understanding relating to the use of the Service and the Website, and supersedes any prior or contemporaneous, conflicting or additional, communications. VyaHealth is committed to principles of open, non-discriminatory data access. The company does not condition participation, interoperability, or data-sharing privileges on affiliation with any specific EHR vendor, network, or commercial partner. Any denial or restriction of access by a third-party EHR vendor or network will be documented and, where appropriate, reported to the relevant regulatory authority under the Information Blocking Rule. VyaHealth reserves the right to change these Terms or its policies relating to the Website and VyaHealth Service at any time and from time to time, and such changes will be effective upon being posted herein. You should visit this page from time to time to review the then current Terms because they are binding on you. If we make material changes to these Terms, we will notify you here, by email, or by means of notice on our home page. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of the Website, which may be posted from time to time. Unless otherwise noted by us, your continued use of the Website and VyaHealth Service after any such changes are posted shall constitute your consent to such changes. If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed to reflect the intentions of the invalid or unenforceable provision, with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between VyaHealth and you as a result of these Terms or use of the Website. You may not assign these Terms without the prior written approval of VyaHealth. Any purported assignment in violation of this section shall be void. VyaHealth reserves the right to use Third Party Providers in the provision of the Website, the Service, and the goods, services and Materials associated therewith. The failure of either party to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing. In the event of any litigation of any controversy or dispute arising out of or in connection with these Terms, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys’ fees and expenses, court costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute. Any and all rights not expressly granted herein are reserved by VyaHealth.

Intellectual Property Notices

Elements of the Website and Service are protected by copyright, trademark, trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Website may be copied or retransmitted unless expressly permitted by VyaHealth. The VyaHealth trademarks and/or other VyaHealth identifiers referenced herein are trademarks of VyaHealth and/or its affiliates and may be registered in certain jurisdictions.

Legal Contact Information

If you have any questions about these Terms, please contact our Member Support desk at admin@VyaHealth.com