1. Use of the Vivid Clear Services:
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.
2. Prohibited Uses:
TThe 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:
- Make any commercial use of the Vivid Clear Services or its Content:
- Download, copy or transmit any Content for the benefit of any other party without the express written consent of us;
- Collect personally-identifiable information of other users of the Vivid Clear Services;
- Misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Vivid Clear Services;
- Create another account without our permission, if we have disabled your account;
- Use the Vivid Clear Services for any fraudulent purposes;
- Violate or attempt to violate the security of the Vivid Clear Services, whether in an automated fashion or otherwise;
- Remove any copyright, trademark or other proprietary rights notice from the Vivid Clear Services or materials originating from the Vivid Clear Services.
3. Links to and From the Vivid Clear Services:
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, TREATEMENT 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.
6. Limitation of Liability:
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.
7. Governing Laws in Case of Dispute; Arbitration; Jurisdiction:
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.
8. Notice and Procedure for Making Claims of Copyright Infringement:
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:
- Specifically identifies the copyrighted work(s) believed to have been infringed;
- Identifies the material that is accessible on the Vivid Clear Services and which is allegedly infringing upon the copyrighted work(s). The Infringement Notice must provide detailed information reasonably sufficient to enable Vivid Clear to locate the allegedly infringing materials on the Vivid Clear Services, such as clear screenshots of the allegedly infringing materials (for identification purposes);
- Provides information sufficient to permit Vivid Clear to contact the copyright owner directly: name, street address, telephone number, and email (if available);
- Contains a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- Contains a statement, under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on behalf of the owner.
- Is signed by a person authorized to act on behalf of the copyright owner; and
- Is sent to Vivid Clear at the following address:
Vivid Clear Rx
Attn: Legal Department
13220 Birch Drive, Suite 200
Omaha, NE 68164
9. Equitable Relief:
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.
11. Consent to Electronic Communication:
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.
12. Electronic Contract:
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.
14. Changes to these Terms:
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.
15. Contact Us:
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
Effective April 1, 2023
1. Collection of Information
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:
- Personal Identifier: Your name, address, phone number, email address, date of birth, demographic information, and any other information you choose to provide.
- Commercial Information: Products or services purchased, obtained or considered as well as discount coupon usage.
- Health Information: Your prescription, pharmacy, insurance, and healthcare provider information.
- Location Information: We may collect your location information when you access the Vivid Clear Services. We may use GPS software, geo-filtering and other location-aware technologies to locate you (sometimes precisely), or make assumptions about your location, for purposes such as verifying your location and delivering or restricting content, including third party ads, based on your location. If you have enabled GPS or use other location-based features on the Vivid Clear Services, your device location may be tracked by us and third parties. Our store finder feature may access and use information about your device location (based on IP address or GPS, as applicable), or your account information, to suggest appropriate store locations. Certain Vivid Clear Services may be personalized based on various information we may have about you to try to provide you with more location-relevant content.
- Usage Information: When you access the various Vivid Clear Services, your computer, phone, or other device may provide information, such as your browser type, IP address, referring/exit pages, operating system, date/time stamps, and related data. For example, we may use analytics tools that collect information about the use of our websites and user traffic.
- Cookies, Web Beacons, and Similar Technologies. We may use automated tools, such as cookies, to collect information about you. Cookies are small data files that are stored on your device by your web browser. They are often used by websites to recognize a returning user's device, record user preferences, track the pages a user clicks while visiting the website, and identify the website a user visited immediately beforehand. Cookies and other automated tools help us recognize you and your preferences. Most web browsers accept cookies by default, but you may be able to adjust your browser settings to remove or reject cookies. Please note that blocking cookies may affect the availability and functionality of certain Vivid Clear Services.
Information We Obtain from Other Sources
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.
Information Pertaining to Children
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.
2. How We May Use Your Personal Information
We or our service providers on our behalf may use your personal information for a variety of business purposes including:
- Providing the Vivid Clear Service you request
- Communicating with you.
- Providing you with newsletters, emails, articles, service alerts, new service announcements, event invitations, and other information.
- Improving the Vivid Clear Services.
- Keeping a record of our interactions with you if you interact with us over the telephone or online.
- Verifying and validating your identity.
- Creating aggregated, pseudonymized, or anonymized information for analytical and statistical purposes.
- For purposes disclosed at the time you provide us with your information.
- For any other purpose, with your consent.
Data Analytics and Advertising
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/.
3. Information Sharing and Purposes
- To contractors, service providers, and other third parties we use to support our business and provide services to you.
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Sites users is among the assets transferred.
- To fulfill the purpose for which you provide it.
- For any other purpose disclosed by us when you provide the information.
- With your consent.
We may also disclose your Personal Information:
- To comply with any court order, law, or legal process, including responding to any government or regulatory request.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety, of Vivid Clear, our customers, or others.
4. Your Choices
We give you choices about the information we collect and how we communicate with you.
- Printed Materials. To opt out of receiving any printed marketing materials at your postal address from us, such as advertisements, flyers or postcards, contact us at the address listed in Section 11.
- Emails. To opt out of receiving our marketing materials via email, please click on the unsubscribe link at the bottom of the email that was sent to you and follow the directions on the resulting web page.
- Google Analytics. You may opt out of the aggregation and analysis of data collected about you on our website by Google Analytics by visiting here and downloading and installing the Google Analytics Opt-out Browser Add-on.
- Location Information. You may have the ability to turn location-based Vivid Clear Services on and off by adjusting the settings of your internet browser or mobile device or, for some devices, by revoking permission for the app, if any, to access your location information.
5. Third-Party Interactions
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.
7. California Privacy Notice
California Notice of Personal Information Collected
Categories of Personal Information that we “Share” or “Sell”
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:
- Personal Records described in Cal. Civ. Code § 1798.80(e)
- Commercial Information
- Demographic Information and Protected Classifications
- Internet or other electronic network activity information
- Geolocation Data
- Audio, electronic, visual, thermal, olfactory, or similar information
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 Privacy Rights
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.
The Right to Know
If you are a California resident, you have the right to request more information regarding the following, to the extent applicable:
- The categories of Personal Information we have collected about you
- The categories of sources from which the Personal Information was collected
- Our business or commercial purposes for collecting (or sharing or selling—if applicable) your Personal Information
- The categories of third parties with which we shared your Personal Information
- The categories of Personal Information about you that we sold in the preceding 12 months, and for each category identified, the categories of third parties to which we sold that particular category of Personal Information
- The categories of Personal Information that we disclosed for a business purpose in the preceding 12 months, and for each category identified, the categories of third parties to which we disclosed that particular category of Personal Information
- The specific pieces of Personal Information we have collected about you
- A list of the third parties to which we have disclosed personal information, as defined under California Civil Code Section 1798.83(e) (a/k/a the “Shine the Light Law”), during the preceding year for third-party direct marketing purposes
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.
The Right to Opt Out of “Sales” or “Shares” of Your Personal Information
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.
The Right to Delete
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.
8. Notice to International Visitors
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.
11. Contact Us
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.