We grant you a limited license to make personal use only of the Vivid Clear Services. All materials you see and hear on the Vivid Clear Services, including, for example, all of the page headers, images, text, product listings, prices, illustrations, formats, logos, designs, icons, photographs, programs, and video or audio clips (individually or collectively, the “Content(s)”), are intended solely for your personal, non-exclusive and non-commercial use. You may access, view, download, print or copy the Contents displayed on the Vivid Clear Services for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all Contents; (2) do not modify or alter the Contents in any way; and (3) do not provide or make available the Contents to any third party. No right, title or interest in any accessed, viewed, downloaded, printed or copied Content is transferred to you as a result of your use of the Vivid Clear Services. We own and reserves all right, title and interest in and to the intellectual property rights in any Content you may access on the Vivid Clear Services. Except as noted above, you may not copy, download, reproduce, publish, transmit, distribute, display, modify, create derivative works from, or otherwise exploit in any way the Contents or the Vivid Clear Services without first obtaining written permission from us.
We may terminate, change, suspend or discontinue any aspect of the Vivid Clear Services, including the availability of any features of the Vivid Clear Services, at any time and without notice. We also reserve the right to block or deny access to the Vivid Clear Services to anyone at any time for any reason.
By your use of the Vivid Clear Services, you represent and warrant that you are at least eighteen (18) years of age, or the applicable age of majority in your state. If you are not at least eighteen (18) years of age, or the age of majority in your state, then do not use the Vivid Clear Services without the consent of your parent or legal guardian; provided, however, that if you are under thirteen (13) years of age, then you may not use the Vivid Clear Services under any circumstances. Vivid Clear Services are not directed to and we do not intend to, knowingly, collect or solicit personal information online from children under the age of 13.
The Vivid Clear Services may only be used for lawful purposes and in accordance with these Terms. As a condition of your use of the Vivid Clear Services, you warrant to us that you will not use the Vivid Clear Services for any purpose that is unlawful or prohibited by these Terms. Whether on behalf of yourself or on behalf of any third party, in your use of the Vivid Clear Services YOU WILL NOT:
The Vivid Clear Services may contain links to third-party websites and online services (such as apps and social media sites) that are not owned or controlled by us. Vivid Clear has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or online services, and you access and use these websites or online services solely at your own risk. These links are provided for you reference and convenience only, and do not necessarily imply any endorsement, sponsorship or recommendation of the material on these third-party websites or online services or any association with their operators. In addition, Vivid Clear will not and cannot control or edit the content of any third-party website or online service. BY USING THE VIVID CLEAR SERVICE, YOU EXPRESSLY RELEASE VIVID CLEAR, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, LICENSORS, LICENSEES, AND SUPPLIERS (COLLECTIVELY “THE VIVID CLEAR PARTIES”), FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE OR ONLINE SERVICE AND FROM ANY LOSS OR DAMAGE OF ANY SORT YOU MAY INCUR FROM DEALING WITH ANY THIRD-PARTY. Accordingly, we encourage you to be aware when you leave the Vivid Clear Services and to read the terms and conditions of use for each other website or online service that you visit.
YOU AGREE THAT YOUR USE OF THE VIVID CLEAR SERVICES SHALL BE AT YOUR SOLE RISK. THE CONTENT ON THE VIVID CLEAR SERVICES ARE PROVIDED “AS IS”. WE MAKE NO WARRANTY, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIM AND NEGATE ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, VIVID CLEAR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON THE VIVID CLEAR SERVICES OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO OR FROM THE VIVID CLEAR SERVICES. THE CONTENT ON THE VIVID CLEAR SERVICES IS INTENDED FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR RECOMMENDATIONS OR ANY KIND. CONSULT A HEALTHCARE PROFESSIONAL IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE VIVID CLEAR PARTIES FROM AND AGAINST ANY CLAIM, LOSS, OBLIGATION, DEMAND, DAMAGE, COST, LIABILITY, EXPENSES, AND ATTORNEY’S FEES ARISING TO ANY OF THE VIVID CLEAR PARTIES AS A RESULT OF ANY CLAIM, DEMAND OR PROCEEDINGS BROUGHT OR THREATENED AGAINST THE VIVID CLEAR PARTIES IN CONNECTION WITH (1) YOUR USE OF, ACCESS TO, OR MISUSE OF THE VIVID CLEAR SERVICES; (2) YOUR BREACH OF ANY OF THESE TERMS OR ANY ADDITIONAL TERMS INCORPORATED HEREIN; (3) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; OR (4) ANY ACTIVITY BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICE USING YOUR ACCOUNT OR EMAIL ADDRESS.
IF THE VIVID CLEAR PARTIES TAKE ANY LEGAL ACTION AGAINST YOU AS A RESULT OF YOUR VIOLATION OF THESE TERMS, THE VIVID CLEAR PARTIES WILL BE ENTITLED TO RECOVER FROM YOU, AND YOU AGREE TO PAY, ALL REASONABLE ATTORNEYS’ FEES AND COSTS OF SUCH ACTION, IN ADDITION TO ANY OTHER RELIEF GRANTED TO THE VIVID CLEAR PARTIES.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE VIVID CLEAR PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND LOST PROFITS OR SAVINGS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH (I) YOUR ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE, THE VIVID CLEAR SERVICES; (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE VIVID CLEAR SERVICES; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, DEFICIENCIES, OR OTHER INACCURACIES IN THE VIVID CLEAR SERVICES; (IV) ANY UNAUTHORIZED ACCESS TO, OR USE, DISCLOSURE OR ALTERATION OF, YOUR TRANSMISSIONS OF DATA INCLUDING, WITHOUT LIMITATION, YOUR PERSONAL INFORMATION OR CARD HOLDER DATA, (V) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON THE VIVID CLEAR SERVICES; (VI) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE VIVID CLEAR SERVICES; OR (VII) ANY OTHER MATTER RELATED TO THE VIVID CLEAR SERVICES, INCLUDING ITS CONTENT, REGARDLESS OF ANY NEGLIGENCE OF THE VIVID CLEAR PARTIES EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Any claims relating to use of the Vivid Clear Services must be bought within one (1) year from the date the cause of action arose. Claims brought after such period are VOID. The Vivid Clear Services are controlled and offered by Vivid Clear from its facilities in the United States of America. Those who access or use the Vivid Clear Services do so at their own volition and are responsible for compliance with local and all other applicable laws, restrictions, and regulations.
ALL DISPUTES ARISING OUT OF OR RELATED TO YOUR USE OF VIVID CLEAR SERVICES, THESE TERMS, OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND VIVID CLEAR, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, PRODUCT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES IN EFFECT AT THE TIME OF THE COMMENCEMENT OF THE ARBITRATION INSTEAD OF IN A COURT BY A JUDGE OR JURY. BY USING THE VIVID CLEAR SERVICES YOU AGREE THAT VIVID CLEAR AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The Arbitration shall take place in Des Moines, Iowa, unless the parties mutually agree in writing to an alternate location.
If an arbitrator determines a particular dispute is excluded from mandatory arbitration for any reason (including, but not limited to, by applicable federal or state law), you agree to submit to the jurisdiction and venue of the state or federal courts sitting in Des Moines, Polk County, Iowa, for any action or proceeding arising out of or relating to these Terms and the Vivid Clear Services, and each of the parties waives any defense of inconvenient forum to the maintenance of any action or proceeding in the state or federal courts sitting in Des Moines, Polk County, Iowa.
Vivid Clear expressly reserves all intellectual property and other proprietary rights in all Content, including processes, technology, and other materials that appear on Vivid Clear Services. Access to Vivid Clear Services does not confer and shall not be considered as conferring upon anyone any license under any of Vivid Clear’s or any third party’s intellectual property rights. The unauthorized duplication of any content on the Vivid Clear Services is a violation of law and these Terms.
If you believe your work has been copied on the Vivid Clear Services in a way that constitutes copyright infringement, please send a written notification (an “Infringement Notification”) that meets all of the following requirements:
If you violate these Terms then we may seek injunctive relief or other equitable relief.
These Terms, and any rights and licenses granted hereunder, may be transferred or assigned by you only with Vivid Clear’s prior written consent, but may be assigned by Vivid Clear without restriction and without notice to you.
When you visit the Vivid Clear Services, chat with us or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by chat or email. You agree that we may treat specific actions by you, such as checking boxes to receive email updates, sending us an email directly or through the Vivid Clear Services, providing us with an email address, or leaving a telephone message with an email address for customer service to respond to you, as a request that we communicate with you by unencrypted email. You acknowledge and agree that unencrypted email sent over the Internet is not secure and may be read by others, and you agree that when you request that we send you email you are authorizing us to transmit and disclose your information (including your personal financial or medical information) from time to time in an unencrypted manner.
These Terms, which are provided electronically, and any other electronic Additional Terms that are incorporated herein will be: (i) deemed for all purposes to be a "writing" or "in writing," and to comply with all statutory, contractual, and other legal requirements for a writing: (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an "original" when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administer of proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
If any provision of these Terms or the Additional Terms referenced herein is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms are subject to change at our discretion. We will indicate changes, including material changes, to these Terms by updating the "Effective Date." Your use of any Vivid Clear Services after any update to these Terms will constitute your acceptance of the changes.
If you have questions or comments about these Terms, you may contact us as follows:
Mailing Address: Vivid Clear Rx, 13220 Birch Drive, Suite 200, Omaha, NE 68164
Toll-free Number: (877) 848-4379
We may collect your personal information when you use our website, mobile applications, service offerings or otherwise communicate with us in any way. The types of personal information you provide varies based on how you choose to interact with us, but may include the following categories:
We may also combine information that we receive about you from third parties with information you provide to us directly or that we collect automatically through your use of the Vivid Clear Services.
Vivid Clear Services are not directed to and we do not intend to, knowingly, collect or solicit personal information online from children under the age of 13.
We or our service providers on our behalf may use your personal information for a variety of business purposes including:
We may use third-party web analytics services, including Google Analytics, to help us understand how visitors use the Vivid Clear Services
For more information on how Google Analytics uses data collected through the Service, visit: www.google.com/policies/privacy/partners/. To opt out of Google Analytics cookies, visit: http://www.google.com/settings/ads and https://tools.google.com/dlpage/gaoptout/.
Please note that we do not control how third parties manage their opt-out processes. Please see Your Choices below for further details. Your web browser may have settings that allow you to transmit a "Do Not Track" signal when you visit various websites or use online services. Like many websites, the Hy-Vee Health Services are not designed to respond to "Do Not Track" signals received from website browsers. To learn more about "Do Not Track" signals, visit http://www.allaboutdnt.com/.
We may also disclose your Personal Information:
We give you choices about the information we collect and how we communicate with you.
We take reasonable measures to protect your personal information from loss, theft, misuse, unauthorized access, disclosure, alteration, and destruction. Nevertheless, transmission via the Internet and online digital storage are not completely secure and we cannot guarantee the security of your information collected through the Vivid Clear Service.
We share Personal Information with our service providers, other vendors, affiliates and third parties. In the past 12 months, we may have shared the following categories of Personal Information for a business purpose:
The categories of persons to which we disclosed this Personal Information may include affiliated and related companies, service providers, professional advisors, public authorities/government bodies, and external auditors.
In the past 12 months, we did not sell Personal Information.
California residents have the right to submit certain requests relating to their Personal Information as described below. Please note that when submitting a request, you may be asked to provide information to verify your identity before action is taken. You may designate an authorized agent to make the requests below on your behalf. An authorized agent must submit proof to us that he or she has been authorized by you to act on your behalf, and you will still need to verify your identity directly with us before we can process the request.
If you are a California resident, you have the right to request more information regarding the following, to the extent applicable:
You may submit a request for this information as described above. In connection with submission of your request, we will need to take steps to verify your identity before action is taken. If we cannot verify your identity, we will have to reject your request.
If you are a California resident and would like to opt out of the sale or sharing of your Personal Information for these purposes, you may do so by sending an an email to [email protected] or call (877)-848-4379.
California residents may request that we delete your Personal Information that we have collected directly from you and are maintaining. Following receipt of a request to delete, we will let you know what Personal Information we can delete from our records, and we will direct any of our service providers that may have processed your Personal Information on our behalf to delete your Personal Information from their records. There may be circumstances where we cannot delete your Personal Information or direct service providers to delete your Personal Information from their records. For example, if we need to: (1) retain your Personal Information to complete a transaction or provide services to you; (2) detect security incidents; (3) protect against unlawful activities; (4) identify, debug or repair errors; or (5) comply with a legal obligation. You may submit a request to delete as described above. In connection with submission of your request, we will need to take steps to verify your identity before action is taken.
You have the right to not receive discriminatory treatment for exercising your CCPA privacy rights. We do not use the fact that you have exercised or requested to exercise any CCPA rights for any purpose other than facilitating a response to your request.
We are based in the United States. When we obtain information about you, we may transfer, process, and store such information in the United States and other countries. By using the Vivid Clear Services, you consent to the transfer to, and to the processing and storage of your information in, countries outside of your country of residence, which may have different data protection laws than those in the country in which you reside.
We will retain your personal information as reasonably necessary to comply with our legal obligations, to resolve disputes regarding user preferences, enforce our agreements, or protect our legitimate interests.
Mailing Address: Vivid Clear Rx, 13220 Birch Drive, Suite 200, Omaha, NE 68164
Toll-free Number: (877) 848-4379
The content of this website is intended for informational purposes only and does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind. Consult a healthcare professional if you have any questions or concerns about your health.