Terms of Use

Effective July 25, 2017

ALL INFORMATION, MATERIAL AND CONTENT ARE PROVIDED SUBJECT TO YOUR AGREEMENT WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR USE OF THIS WEBSITE AND/OR PORTAL WEBSITES WILL INDICATE YOUR AGREEMENT TO THESE TERMS OF USE, ALL APPLICABLE LAWS AND REGULATIONS. INFORMATION ON THIS WEBSITE AND/OR PORTAL WEBSITES SHOULD NOT BE CONSIDERED A SUBSTITUTE FOR YOUR PERSONAL RESPONSIBILITY AND DILIGENCE OR QUALIFIED MEDICAL ADVICE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, EXIT THIS WEBSITE.

Representations
You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to be legally bound by these Terms of Use. You agree to be responsible for your use of this website and to comply with your responsibilities and obligations as stated in these Terms of Use.

IN THE EVENT OF A MEDICAL EMERGENCY, CALL 911. DO NOT DISREGARD OR DELAY SEEKING MEDICAL ADVICE BECAUSE OF CONTENT YOU HAVE READ ON THIS WEBSITE.

NO MEDICAL ADVICE
NOTHING CONTAINED IN THE WEBSITE AND/OR PORTAL WEBSITES IS INTENDED TO BE MEDICAL ADVICE FOR DIAGNOSIS OR TREATMENT AND SHOULD NOT BE RELIED UPON AS YOUR PRIMARY SOURCE FOR HEALTH OR MEDICAL INFORMATION. THE INFORMATION SHOULD NOT BE CONSIDERED COMPLETE AND SHOULD NOT BE RELIED ON TO SUGGEST A COURSE OF TREATMENT FOR A PARTICULAR INDIVIDUAL OR USED IN PLACE OF A VISIT, CALL, CONSULTATION OR THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER. WE DO NOT MONITOR THIS WEBSITE OR COMMUNICATIONS FROM THIS WEBSITE FOR MEDICAL DIAGNOSTIC OR EMERGENCY HEALTH CARE PURPOSES

WARRANTY DISCLAIMERS
THE CONTENT AND MATERIALS ON THIS WEBSITE AND PORTAL WEBSITES ARE PROVIDED ON AN “AS IS” AND “WHERE-IS” BASIS, AND IT IS YOUR RESPONISBILITY TO REVIEW, UPDATE AND CONFIRM THE ACCURACY OF ANY INFORMATION ACCESSED THROUGH THIS WEBSITE AND/OR PORTAL WEBSITES AS APPROPRIATE AND NECESSARY. VISTA360HEALTH MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS AND ANY OTHER EXPRESS OR IMPLIED WARRANTIES. VISTA360HEALTH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, COMPLETENESS, CURRENTNESS, RESULTS OR RELIABILITY OF THE USE OF THE MATERIALS ON THIS WEBSITE AND/OR PORTAL WEBSITES OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THIS WEBSITE OR PORTAL WEBSITES. VISTA360HEALTH DOES NOT HAVE ANY RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATION.

LIMITATION OF LIABILITY
IN NO EVENT SHALL VISTA360HEALTH BE LIABLE OR ASSUME RESPONSIBILITY FOR LOSS OR DAMAGE, WHETHER DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF PROFITS OR LOSS OF DATA) ARISING OUT OF THE USE OR INABILITY TO USE THE CONTENT OR MATERIALS ON THIS WEBSITE AND/OR PORTAL WEBSITE, OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE, REGARDLESS OF CAUSE, EVEN IF VISTA360HEALTH AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. THIS INCLUDES, WITHOUT LIMITATION, ANY AND ALL THIRD PARTY CLAIMS FOR DAMAGES OR LOSS OF, OR DAMAGE TO, YOUR PERSON OR PROPERTY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification
You agree to indemnify, defend and hold harmless Vista360health, its affiliates and their respective officers, directors, employees and agents from and against any liability or obligation including all losses, expenses, liabilities, damages and costs, including without limitation reasonable attorney’s fees, resulting from or arising from any use of this website or its content or any violation of these Terms of Use.

Content
“Content” is all material (text, images, graphics, tables, audio, and visual) and menu icons, bars, listings, indices, as well as functions that support content such as links, navigation, searches, and calculations. The content on this website could include technical, typographical, or photographic errors. Vista360health may make changes to the content contained on this website at any time without notice. Vista360health does not make any commitment to update the content or other materials.

You are responsible for the accuracy of information that you submit to us via this website and/or portal websites. We have no obligation or liability for any information that is not accurate.

Portals
A portal website is a private access portion of this website that allows you access to additional health tools and account information. It also allows your broker, your providers and your employer (if health coverage benefit is through your employer) access to your information for the purposes described in Vista360health’s Privacy Policy. The tools available in a portal website are for your information and personal use only and for the use by your broker, your providers and your employer (if health coverage benefit is through your employer) to access your information in the provision of services to you and the accuracy of such tools cannot be guaranteed. You are solely responsible for the accuracy of any information you provide to us via a portal website.

Information gathered and maintained via a portal website is personally identifiable and protected health information. You may see how we collect, use and maintain your information via our Privacy Policy and our Notice of Privacy Practices.

Use
You may view material from the website for your own personal use or the internal use of your business. You may not download, reproduce, automatically access, artificially gather, translate or otherwise distribute any materials from this website without our prior express written consent and/or the consent of any third-party copyright owner. Any rights that are not expressly granted by these Terms of Use or any applicable end user license agreements are reserved by Vista360health. You may not use this website or its content for any purpose prohibited or restricted by law or in violation of these Terms of Use.

Links and Third Party Websites
Vista360health has not reviewed all of the sites linked within this website and is not responsible for content of any such linked site. Vista360health has no liability for any third party website that you may access through this website. Vista360health does not have any control over any linked website or its content. The inclusion of any link does not imply endorsement by Vista360health of any such linked website or content. Use of any linked website is at your own risk. Vista360health encourages you to review the posted policies of any website that you visit.

Changes to Terms
Vista360health reserves the right to modify or amend these Terms of Use at any time. All changes will be effective immediately upon posting to this website and may be made by Vista360health without notice to you. By accessing the website following the posting of any such changes, you agree to those changes.

Governing Law and Venue
Any claim relating to this website shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. Each party to these Terms of Use submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Travis in the State of Texas, and waives any jurisdictional, venue, or inconvenient forum objections to such courts.