PRIVO Terms of Use

Teladoc Health · agreement dated January 13, 2022 · Official agreement

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19 of 39 cards in Legal Rights & Agreement Rules

Legal Rights & Agreement Rules · Context

These terms cover PRIVO’s sites, PROTECT and identity services

Privacy Vaults Online, Inc. operates the listed PRIVO sites and services, including PRIVO PROTECT and PRIVO iD/PRIVO-Lock, which may also be available through enabled client sites and apps. These are PRIVO’s terms for that access and use, including account creation.

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Supporting quotations

Our family of websites and mobile applications (the “Sites”), include privo.com, my.privo.com, privoprotect.com, the PRIVO PROTECT Service, and the PRIVO iD Platform, aka PRIVO-Lock™, which may also be available from our PRIVO-Lock™–enabled client sites, apps and online services.

Legal Rights & Agreement Rules · Procedure

Using the sites means accepting these terms

Use of any covered site signifies agreement. People who do not agree may not access or use the sites or their services.

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Supporting quotations

By using any of the Sites, you and other users of the Sites agree to these Terms of Use. If you do not agree to the Terms of Use, you may not access or use the Sites or the services provided through them.
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Legal Rights & Agreement Rules · Company practice

PRIVO may change the terms without individual notice

PRIVO may modify the terms without notice to you and asks you to check periodically. For material changes it says it will post revised terms and an updated effective date on the sites. Continued use after modifications signifies acceptance; these terms supersede previous terms notices or statements about the sites.

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Supporting quotations

We may modify the Terms of Use from time to time without notice to you.
If we make material changes to the Terms of Use, we will post the revised Terms of Use and the revised effective date on the Sites. By using the Sites following any modifications to the Terms of Use, you agree to be bound by such modifications.
The provisions contained herein supersede all previous notices or statements regarding our Terms of Use with respect to the Sites.

Qualifications & exceptions

  • Material changes are posted with a revised effective date.
  • Acceptance of modifications is tied to subsequent use.
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Legal Rights & Agreement Rules · Restriction or exception

PRIVO provides sites and services “as is” and “as available”

Users assume responsibility and risks from using the covered sites, PROTECT and iD/PRIVO-Lock. PRIVO disclaims express and implied warranties, including accuracy, availability, data processing, title, noninfringement, merchantability and fitness. It does not promise timely, secure, uninterrupted or error-free services, correction of defects, or that services will meet expectations.

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Supporting quotations

YOU ASSUME FULL RESPONSIBILITY AND ALL RISKS ARISING FROM THE USE OF THE SITES, PRIVO PROTECT SERVICE, PRIVO iD PLATFORM, aka PRIVO-LOCK™ SYSTEM.
THE SITES, PRIVO PROTECT SERVICE, AND PRIVO iD PLATFORM aka PRIVO-LOCK™ SYSTEM, INCLUDING ALL CONTENT, FUNCTION, MATERIALS AND SERVICES, ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
PRIVO DOES NOT WARRANT THAT THE SITES OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. PRIVO MAKES NO WARRANTY THAT THE SITES WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS.
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Legal Rights & Agreement Rules · Restriction or exception

Site information creates no extra warranty; dissatisfaction means discontinuing use

Advice, results, information and materials obtained through the sites, whether oral or written, do not create a warranty not expressly made in these terms. For dissatisfaction with the sites, the terms name discontinuing use as the sole remedy. This is the stated dissatisfaction remedy, without deciding legal enforceability or erasing the separate liability paragraph.

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Supporting quotations

NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITES.

Qualifications & exceptions

  • The stated sole remedy concerns dissatisfaction with the sites.
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Legal Rights & Agreement Rules · Restriction or exception

PRIVO and related parties exclude several types of damages

The terms exclude indirect, special, incidental, consequential, exemplary and punitive damages related to use, misuse or inability to use the sites and services, including lost business, profits, data or substitute-service costs, even with negligence or advance warning. They separately disclaim damages from mistakes, interruptions, deletion, defects, delays, failures and unauthorized access, whether or not events are beyond PRIVO’s reasonable control. The paragraph warns that jurisdictional rules may make the incidental or consequential limitation or exclusion inapplicable.

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Supporting quotations

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL PRIVO, ITS CLIENTS, PROVIDERS, OR AUTHORIZED AGENTS, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS, BE RESPONSIBLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE/MISUSE OF, OR THE INABILITY TO USE, THE SITES OR THE SERVICES, CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF COMPANY OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOR SHALL PRIVO, ITS CLIENTS, PROVIDERS, OR AUTHORIZED AGENTS OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND PRIVO’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE SITES, PRIVO PROTECT SERVICE, PRIVO iD PLATFORM, aka PRIVO-LOCK™ SYSTEM, RECORDS, PROGRAMS, OR SERVICES.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages; as a result, the above limitation or exclusion may not apply to you.

Qualifications & exceptions

  • The exclusions cover PRIVO, its clients, providers, authorized agents and the listed related personnel and providers.
  • Jurisdictional rules may prevent the stated incidental or consequential damages limitation or exclusion from applying.
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Legal Rights & Agreement Rules · Restriction or exception

The terms cap PRIVO’s total liability at $5

PRIVO states a $5 aggregate cap for all damages, losses and causes of action arising from the terms or site use. The same paragraph warns that some jurisdictions disallow incidental or consequential damages limits or exclusions, so the above limitation or exclusion may not apply to the user; it does not separately explain the effect on this dollar cap.

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Supporting quotations

IN NO EVENT SHALL PRIVO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING FROM THE TERMS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, FIVE DOLLARS ($5.00).
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages; as a result, the above limitation or exclusion may not apply to you.

Qualifications & exceptions

  • The cap is aggregate and concerns claims arising from the terms or site use.

Not stated here

  • The paragraph does not separately explain how its jurisdictional caveat affects the $5 cap.

Cross-references

  • contrast (model-proposed): You must defend and indemnify PRIVO for claims connected with your use — PRIVO states a $5 aggregate cap on its own liability while users undertake a broad defense and indemnity obligation. These provisions allocate different parties’ risks; the company cap is not imported into the user obligation, and the jurisdictional caveat remains disclosed.
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Legal Rights & Agreement Rules · Restriction or exception

Related claims must be filed within one year under these terms

The terms require claims arising from or related to use of the sites, PROTECT, iD/PRIVO-Lock, or products or services offered there to be filed within one year after the claim arises, or be forever barred. They state this requirement regardless of contrary statute or law; this reports that wording without deciding whether it is enforceable.

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Supporting quotations

You agree that regardless of any statue or law to the contrary, any claim or cause of action arising out of or related to use of Sites, the PRIVO PROTECT Service, the PRIVO iD Platform/PRIVO-Lock™ system, or the services or products offered on any of them must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

Qualifications & exceptions

  • The period runs from when the claim or cause of action arose.
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Legal Rights & Agreement Rules · Restriction or exception

You must defend and indemnify PRIVO for claims connected with your use

You agree to defend, indemnify and hold PRIVO and its listed officers, directors, employees, agents, distributors and affiliates harmless against claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, connected with your site or service use, terms violations, or materials you post or transmit. Third-party intellectual-property claims are an example, rather than the only trigger.

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Supporting quotations

You agree to defend, indemnify and hold PRIVO and its officers, directors, employees, agents, distributors and affiliates harmless from and against any and all claims, demands, liabilities, damages, costs, or expenses, including reasonable attorney’s fees, in any way arising from, related to or in connection with your use of the Sites or service provided on them, your violation of the Terms of Use or the posting or transmission of any materials on or through the Sites by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.

Qualifications & exceptions

  • The obligation is tied to the stated use, violation and posting or transmission connections.

Cross-references

  • contrast (model-proposed): The terms cap PRIVO’s total liability at $5 — PRIVO states a $5 aggregate cap on its own liability while users undertake a broad defense and indemnity obligation. These provisions allocate different parties’ risks; the company cap is not imported into the user obligation, and the jurisdictional caveat remains disclosed.

Legal Rights & Agreement Rules · Restriction or exception

Users outside the United States must consider applicable local laws

PRIVO says it controls or operates the sites and services from Virginia and makes no representation that site materials are appropriate or available outside the U.S. People accessing from elsewhere do so on their own initiative and are responsible for complying with local laws if and to the extent those laws apply.

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Supporting quotations

The Sites and services on them are controlled and/or operated by PRIVO from its offices within the Commonwealth of Virginia, United States of America. PRIVO makes no representation that materials on the Sites are appropriate or available for use in other locations outside the United States. Persons who choose to access the Sites from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Qualifications & exceptions

  • Local-law responsibility applies if and to the extent local laws are applicable.

Legal Rights & Agreement Rules · Procedure

Virginia law governs these terms

The terms choose Commonwealth of Virginia law for governance, construction and enforcement, as applied to agreements made and performed entirely within that state. This reports the choice-of-law clause without resolving how other mandatory laws may apply.

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Supporting quotations

These Terms of Use shall be governed by, construed, and enforced in accordance with the laws of the Commonwealth of Virginia, as it is applied to agreements entered into and to be performed entirely within such State.

Qualifications & exceptions

  • The clause uses Virginia law as applied to agreements entered into and performed entirely in that state.
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Legal Rights & Agreement Rules · Procedure

Actions related to the covered services must be brought in Virginia courts

The terms say actions you or a third party bring concerning matters related to the sites, PRIVO PROTECT or PRIVO iD/PRIVO-Lock must be filed only in Virginia state or federal courts. You expressly consent to those courts’ jurisdiction.

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Supporting quotations

Any action you or any third party might bring in connection with any matters related to the Sites, the PRIVO PROTECT Service, or the PRIVO iD Platform aka PRIVO-Lock™ system shall be brought only in either the state or Federal Courts located in Virginia, and you expressly consent to the jurisdiction of said courts.

Qualifications & exceptions

  • The clause addresses actions brought by you or a third party concerning the listed sites and services.
Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Procedure

An invalid provision does not invalidate the remaining terms

If a provision is unlawful, void or unenforceable for any reason, the terms treat it as severable and state that the remaining provisions retain their validity and enforceability.

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Supporting quotations

If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

Qualifications & exceptions

  • The rule is triggered by an unlawful, void or unenforceable provision.

Cross-references

Legal Rights & Agreement Rules · Restriction or exception

PRIVO’s successors can enforce the terms; your assignment needs consent

PRIVO’s successors and assigns receive the terms’ rights and benefits and may fully enforce them with or without prior notice. You may not assign the terms or your rights or obligations under them without PRIVO’s express written consent.

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Supporting quotations

PRIVO’s successors and assigns may fully enforce any term or provision of these Terms of Use, and all rights and benefits shall inure to such successors and assigns, with or without prior notice. You may not assign the Terms or any of your rights or obligations under the Terms without PRIVO’s express written consent.

Qualifications & exceptions

  • Your assignment requires express written consent.
  • Successor enforcement does not require prior notice under this clause.

Legal Rights & Agreement Rules · Context

These terms replace prior agreements, with possible additional site terms

The terms state they are the entire agreement between you and PRIVO governing site use and supersede prior agreements. Certain parts of the sites may also have additional terms. Other statements, trade practices or either party’s conduct do not alter this document’s meaning or modify its terms. The document does not supply those additional terms or a detailed conflict rule.

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Supporting quotations

The Terms of Use constitute the entire agreement between you and PRIVO and govern your use of the Sites, superseding any prior agreements between you and PRIVO. You also may be subject to additional terms and conditions that are applicable to certain parts of the Sites. Any other statements, trade practices, or conduct engaged in by either party shall not alter or modify these Terms of Use; the words contained in this document control the entire meaning of this agreement.

Qualifications & exceptions

  • Certain site parts may impose additional terms.

Not stated here

  • The content of any additional site terms and their detailed priority are not supplied here.

Cross-references

Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Restriction or exception

Non-enforcement does not waive later enforcement

Choosing not to enforce a provision does not give up the right to enforce it later. PRIVO says it will waive enforcement rights only in writing.

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Supporting quotations

Any decision not to enforce a particular provision of this agreement does not waive the right to enforce it at any other time and PRIVO will not waive the right to enforce any provision of this agreement except in writing.

Qualifications & exceptions

  • A PRIVO waiver must be in writing.

Cross-references

Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Procedure

PRIVO may send notices by email, mail or site postings

Notices to you may be sent by email or regular mail. The sites may also display notices or links to notices about terms changes or other matters. This lists possible notice channels without promising advance or individual notice of every change.

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Supporting quotations

Notices to you may be made via either email or regular mail. The Sites may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you on the Sites.

Qualifications & exceptions

  • On-site notices may take the form of links to notices.

Legal Rights & Agreement Rules · Procedure

Questions and notices can be directed to PRIVO’s Privacy Officer

For questions, concerns or notices under the agreement, the terms direct you to Contact Us or to PRIVO’s Privacy Officer at 17949 Main St., #1025, Dumfries, VA 22026. They also list privacy@privo.com, telephone 703–569–0504, U.S. fax 866–588–8452 and non-U.S. fax 703–531–8424. These are the contact details in the January 2022 document.

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Supporting quotations

To contact us with any questions or concerns in connection with this agreement or the Sites, or to provide any notice under this agreement to us please go to Contact Us or write to us at:
17949 Main St., #1025 Dumfries, VA 22026 703–569–0504 (telephone) 866–588–8452 (fax within the US) 703–531–8424 (fax outside of the US) privacy@privo.com (email) Attn: Privacy Officer

Qualifications & exceptions

  • Contact information is reported from the dated saved version.