Terms and Conditions

Hours of Operation. Normal business hours are Monday through Friday, 9:00 am to 5:00pm. Services noted as available 24/7 in the preceding pages will still be accessible via our phone system outside of normal business hours, but a VIVANA staff member will not be available to make account changes. Self-service options and free online resources are available 24/7 at VivanaSenior.com.

Initial Access to Services: Please allow up to 72 business hours to access your VIVANA services. For immediate access during normal business hours, please call (800) 948-6927 and a representative will make every attempt to expedite your request. VIVANA can not guarantee access to all services prior to 72 business hours after purchase.

Definition of Member. Member is defined as the individual listed on membership card who is eligible to receive VIVANA services and that person’s non-spousal legal dependents. Spouse, any additional legal dependents, friends, other family members, co-workers, and/or any additional parties are not covered except where specifically noted. Membership is assignable and a membership can be purchased for another individual’s benefit who is not the payer for the services.  In this event, the individual paying for the VIVANA services is defined as the “Payer” and the individual receiving the VIVANA services is defined as the “Member”. For the remainder of these Terms and Conditions, word “Member” shall refer to both the individual paying for the VIVANA services and the individual receiving/utilizing the VIVANA services if that individual is not the Payer.

Services Provided: during the Term (as defined below) and on a non-exclusive basis, VIVANA will provide Member with the services set forth on the preceding pages, for use by the Member and Member’s non-spouse legal dependents.

Privacy: VIVANA represents and warrants to Customer that VIVANA will abide by and comply with the Health Insurance Portability and Accountability Act of 1996 with respect to any personal medical information provided to VIVANA.

Membership is NOT Health Insurance: The VIVANA membership and any services, discounts, and/or products associated with it is NOT health insurance and is not intended to replace health insurance.  By paying for membership with VIVANA, you understand that you are purchasing a prepaid package of services. This package of services is not health insurance and provides only prepaid services at discounted rates. Purchasing this membership without also purchasing catastrophic coverage insurance may leave you without coverage from many major medical problems.

The services provided under the VIVANA program are not treated as insurance products under Pennsylvania law and any costs incurred as co-pays or additional plan features do not apply to deductibles or minimum or maximum spending thresholds of your primary insurance plan, including Medicare plans and Medicare supplement plans.

Not Emergency Care: Member acknowledges, understands, and agrees that (i) the physicians, consultants and others providing services in connection with the VIVANA Services will not treat severe and/or emergency medical conditions and may recommend that Customer visit his/her primary care physicians, specialists, or local medical facility if deemed appropriate, in the sole and absolute discretion of such; and (ii) when Customer provides prior written permission, physicians providing services in connection with the Services will facilitate continuity of care.

Usage of VIVANA Program: Participating vendors and corresponding discount offers are required to go through an approval process prior to being listed within the VIVANA program. Additionally, you are required to accept the Member’s Terms and Conditions as a condition of using the VIVANA Program. VIVANA reserves the exclusive right to revise these terms and conditions, as well as the Member’s Terms and Conditions. Any revision or amendment to any of the applicable terms and conditions will be effective immediately upon posting to VIVANA’s website (“Site”).  Accordingly, you should visit the VIVANA Site periodically to review its provisions.  Your continued use of the services provided by VIVANA, subsequent to the posting of any revisions or amendment, constitutes its acceptance of such revisions and amendments. VIVANA reserves the right to refuse, restrict, suspend, or terminate any member’s use of its services at any time without notice and may do so for a member’s failure to abide by the Member’s Terms and Conditions.

Program Variability: Vendors, discounts, and/or products are subject to change without notice. Programs and availability may vary in some states. Providers and locations may be removed from the network at any time without prior notice.  For example, this may occur because one of our vendors no longer does business in your state. In the event that a benefit is removed, VIVANA will attempt to quickly replace that benefit with one as near in scope as possible, but can make no guarantees to that effect. Additionally, the program may be cancelled at any time. You will be notified if the plan is cancelled or materially modified.

Additional Costs: You are responsible for any additional cost(s) incurred as a result of further interactions with vendors beyond the scope outlined in these Terms and Conditions.  For example, if you seek a specialist visit after your TELADOC consultation at a medical facility or use the Live Well Concierge service to order products, these additional items are not included as part of your VIVANA membership and you will be responsible for the associated costs.

Quality of Care: Part of VIVANA membership includes pre-paid services from medical professionals.  VIVANA makes no warranties concerning the quality of care received. Providers are responsible for the professional advice and treatment provided to members and are regulated by their state’s Medical Board. If you are not satisfied with the service you receive from a plan provider, please call the number on your membership card, or your local state medical board.

Member Identification and Use of Registration Data – As part of the registration process, you must select a username and password.  The information that you supply during the registration process must be accurate and complete and you agree you will not (i) register on behalf of another person; (ii) register under the name of another person or under a fictional name or alias; (iii) choose a username that is offensive.

Disclaimer of Warranties – VIVANA makes no representations or warranties with respect to the satisfaction of government regulations requiring disclosure of information on prescription drug products, or any treatment, action, or application or preparation of medication based on the information offered or provided through the service.

VIVANA does not warrant the uninterrupted or error-free operation or provision of VIVANA services.  All information, materials, and services are provided to customers “as-is”.  No warranties of any kind, express or implied, including but not limited to warranties of title or implied warranties, are made by VIVANA, its agents, affiliates, employees, officers, or directors.  To the full extent permissible by federal, state, and local law, VIVANA disclaims all warranties.  VIVANA is not responsible for any direct or indirect damages of any kind, including but not limited to injury, loss, claim, or any special, exemplary, punitive, incidental, or consequential damages of any kind, arising from the use of VIVANA services.

You agree that your use of VIVANA Services, as well as use by any of your dependents or associates, is undertaken at your own risk. No warranties are made as to the accuracy of the information concerning the products or services offered by any merchant or vendor. Furthermore, by listing a service, product, or discount, VIVANA is not endorsing, recommending or sponsoring any product or service of any merchant or vendor.

Any and all transactions and alleged discounts are between you and the merchant or vendor.  VIVANA is not a party to any transaction, and thus, the parties to any transaction should take due diligence in investigating, selecting and transacting with any merchant or vendor listed on the Site or other VIVANA materials. You, the member, knowingly and voluntarily assume all risks of using any merchant or vendor to purchase goods and services and of using any coupons or discounts listed on the Site.  VIVANA shall have no liability whatsoever from such third party transaction.  VIVANA will in best faith attempt to assist you if any issues occur.

Payment: All fees and prices are in US Dollars. Unless otherwise agreed upon in writing, payment by credit card or a guarantee of payment in the form of a Purchase Order Number is required prior to activating your membership account. By purchasing a recurring VIVANA membership, you agree for VIVANA to automatically charge the provided credit card according to the pricing specified for your membership, for the term specified at the time of purchase. All credit card transactions are handled through a secure HTTPS connection with a trusted third-party credit card processor. A late fee of $25.00 will be applied to your next invoice for payments that are not received on time or for credit card payments that are unable to be processed. VIVANA reserves the right to suspend your account and your members’ ability to access your account in the event you fail to pay the appropriate account fees on time, until such time as proper payment is received. In the event VIVANA cancels or suspends your account, you agree to indemnify VIVANA LLC for any services improperly received by you.

Duration of Agreement & Refund Policy. You agree to enter into a pilot period with VIVANA for 30 days from the date you purchase VIVANA services. You may notify VIVANA in writing of any intent to discontinue the use of the VIVANA program at any time during the pilot period. All membership fees paid will be refunded to you if you request cancellation within the first 30 days of membership if no services have been rendered or discounts/promotions have been utilized.  If services or discounts/promotions have been rendered or utilized within the first 30 days, then only membership fees beyond the first month’s fees will be refunded, and the first month’s membership fee will not be refunded.

This Agreement will automatically renew each year on the anniversary of the start date of the pilot period for an additional term of one (1) year. VIVANA may cancel your use of the VIVANA program at any time by providing thirty (30) days written notice to you. VIVANA reserves the right to immediately cancel your use of the VIVANA program in the event that you are found to be under investigation for illegal or improper use of the VIVANA program or in the event of non-payment.

You may cancel the use of the VIVANA program without penalty by providing written notice within (60) days before your anniversary date (i.e. the date you purchased VIVANA services). Any cancellation request made outside of the sixty day anniversary timeframe or outside of the pilot period will result in a cancellation fee of $200.  Any membership fees for future months that have already been paid will be refunded at a pro-rated monthly rate, beginning with the first of the next month.

In the event that you would like to re-activate your VIVANA discount program after discontinuing service with VIVANA, VIVANA will require upfront payment for the first six (6) months of your new service term prior to reactivating your VIVANA service.  If you do not provide written notice to VIVANA prior to the end date of the pilot period then you will automatically begin a program term of one to three years, whichever was selected by you during the purchasing process, from the end date of the pilot period.

Copyright and Trademark – The contents of all material available on the VIVANA website & in any VIVANA materials are copyrighted by VIVANA, unless otherwise indicated. All rights are reserved by VIVANA, and content may not be reproduced, downloaded, disseminated, published, or transferred in any form or by any means, except with the prior written permission of VIVANA, or as indicated below. As a member, you may download pages or other content for your own personal use, consistent with the mission and purpose of VIVANA. However, no part of such content may be otherwise or subsequently reproduced, downloaded, disseminated, published, or transferred, in any form or by any means, except with the prior written permission of VIVANA. Copyright infringement is a violation of federal law subject to criminal and civil penalties.

Arbitration and Jurisdiction The parties expressly agree to submit any controversy to binding arbitration with the American Arbitration Association. Any controversy or claim between the parties arising out of or relating to your involvement in the VIVANA Program, excluding any nonpayment by you to VIVANA, shall be submitted to binding arbitration with the American Arbitration Association. The parties expressly agree that this arbitration provision and the terms and conditions set forth herein are to be governed by the Federal Arbitration Act (“FAA”). 

These terms and conditions shall be governed by and construed in accordance with the laws of the State of Pennsylvania, without giving effect to its conflicts of law provisions. You hereby submit, as evidenced by signing up for the VIVANA Program, to the exclusive jurisdiction of the courts of Philadelphia County, Pennsylvania, for purposes of any and all litigation arising out of or relating to you involvement in the VIVANA Program. You waive any objections to the forum of Pennsylvania for lack of venue, forum non conveniens, or any other jurisdictional ground. Should any provision in these terms and conditions be invalid or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect.

The language of these terms and conditions shall be construed as a whole according to its fair meaning and not strictly for or against either party. Each party specifically waives the application of the common law doctrine that agreements are to be construed against the party who drafted the agreement.

Severability: If any provision of these Terms and Conditions shall be deemed invalid, void or for any other reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the balance of this Membership Agreement.

YOU HAVE HAD THE OPPORTUNITY TO READ AND REVIEW THESE TERMS AND CONDITIONS AND AGREE TO THE TERMS SET OUT HEREIN FREELY, VOLUNTARILY, AND WITHOUT COERCION.

If at any point you have questions about your benefits or are not 100% satisfied with the service you receive from VIVANA, please call (800) 948-6927 or email help@vivanasenior.com.  We pride ourselves on customer service and the satisfaction of valued members like you.