Viva Vitality MN

Terms of Use

Effective Date: August 6, 2026

Welcome to the website of Viva Vitality MN ("Viva Vitality," "we," "us," or "our"), vivavitalitymn.com (the "Site"). These Terms of Use ("Terms") govern your access to and use of the Site. By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, please do not use the Site.

We may revise these Terms at any time by updating this page. Material changes will be posted here with a new Effective Date. Your continued use of the Site after changes are posted constitutes acceptance of the revised Terms.

1. Acceptance of Terms

Your access to and use of the Site is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Site. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. It is your responsibility to review these Terms periodically for changes.

2. Medical Disclaimer & No Medical Advice

The content on this Site — including text, graphics, images, blog posts, and any other material — is provided for general informational purposes only. It is not intended to be, and should not be construed as, medical advice, diagnosis, or treatment, and it is not a substitute for the independent judgment of a qualified healthcare provider familiar with your individual medical history.

Always seek the advice of your physician or another qualified healthcare provider with any questions you may have regarding a medical condition or treatment, and never disregard professional medical advice or delay seeking it because of something you have read on this Site.

If you think you may have a medical emergency, call 911 or go to the nearest emergency room immediately. Do not use this Site, email, or any contact form to communicate information requiring urgent attention.

3. No Doctor-Patient Relationship

Your use of this Site, including submission of a contact form, appointment request, or other inquiry, does not create a doctor-patient or provider-patient relationship between you and Viva Vitality or any of its clinicians. A provider-patient relationship is established only after an in-person (or, where applicable, a formal telehealth) consultation and the clinic's affirmative acceptance of you as a patient, consistent with applicable Minnesota licensure and standard-of-care requirements.

Until such a relationship is formally established, any information you submit through the Site should not be treated as confidential medical communication requiring a clinical response, and no clinician-patient duty of care arises from your use of the Site alone.

4. Acceptable Use / Prohibited Conduct

You agree not to use the Site to:

  • Violate any applicable federal, state, or local law or regulation;
  • Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
  • Upload, transmit, or introduce any virus, malware, or other malicious code;
  • Attempt to gain unauthorized access to the Site, our servers, or any connected system or network;
  • Scrape, harvest, or use automated means to extract data from the Site without our prior written consent;
  • Interfere with or disrupt the Site's functionality or security features; or
  • Submit Protected Health Information (PHI) or other sensitive medical information through any unsecured contact form, comment field, or non-encrypted communication channel on the Site.

Our general contact and inquiry forms are not a secure or HIPAA-compliant channel. Please do not include details about your diagnosis, symptoms, medications, or treatment history in any Site form; contact our office directly by phone to discuss clinical matters.

We reserve the right to terminate or restrict your access to the Site for any violation of this section.

5. Intellectual Property

All content on this Site — including text, graphics, logos, icons, images, videos, and software — is owned by or licensed to Viva Vitality and is protected by applicable U.S. copyright, trademark, and other intellectual property laws. Except as expressly permitted below, no content may be copied, reproduced, republished, distributed, or used for any commercial purpose without our prior written consent.

You are granted a limited, non-exclusive, non-transferable license to view and access Site content for your own personal, non-commercial use only. This license does not include any right to resell, redistribute, or create derivative works from Site content.

6. Third-Party Links

The Site may contain links to third-party websites or services that are not owned or controlled by Viva Vitality, including third-party patient portals used for scheduling, intake, or billing (for example, our online booking system). We have no control over, and assume no responsibility for, the content, privacy practices, or terms of any third-party site. Third-party platforms are governed by their own terms of use and privacy policies, which we encourage you to review independently. Your interactions with any third-party site or platform are solely between you and that third party.

7. Disclaimer of Warranties & Limitation of Liability

Disclaimer of Warranties. The Site and all content are provided on an "as is" and "as available" basis, without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that the Site will be accurate, complete, uninterrupted, secure, or error-free. Viva Vitality makes no representation or warranty regarding the accuracy, reliability, or completeness of any content on the Site.

Limitation of Liability. To the fullest extent permitted by applicable law, Viva Vitality, its owners, clinicians, employees, and affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, profits, or business opportunities, arising out of or relating to your access to or use of (or inability to access or use) the Site, regardless of the legal theory asserted. Nothing in this section is intended to limit liability in circumstances where such limitation is not permitted by law, including certain claims related to gross negligence or willful misconduct.

8. Privacy Policy & HIPAA Reference

Your use of the Site is also governed by our Privacy Policy, which describes how we collect, use, and safeguard information, and by our HIPAA Notice of Privacy Practices, available at our clinic locations or upon request, which describes how we may use and disclose your protected health information as a HIPAA-covered entity.

Please note: general Site contact forms, comment fields, and non-encrypted email are not secure methods for transmitting PHI. Do not use these channels to send medical records, test results, or details about your diagnosis or treatment. To securely share clinical information, please use our patient portal or contact our office directly by phone.

9. SMS/Text Messaging Terms

If you opt in to receive text messages from Viva Vitality, message content may include appointment confirmations and reminders, treatment follow-ups, responses to your inquiries, billing reminders, and occasional clinic updates. Message and data rates may apply, and message frequency varies based on your appointments and interactions with us. You may opt out at any time by replying STOP, or request assistance by replying HELP. Carriers are not liable for delayed or undelivered messages, and message delivery is not guaranteed. Participation in our texting program is limited to individuals age 18 or older, or to minors' parents/guardians opting in on their behalf.

Full terms governing our texting program, including consent, opt-out, and privacy provisions, are set out in our SMS Terms and Conditions and Privacy Policy.

10. Reviews & Testimonials

Reviews and testimonials shared on the Site or on third-party platforms reflect the personal opinions and experiences of individual patients. They do not guarantee or warrant outcomes for any other patient, and results may vary based on individual circumstances. Viva Vitality reserves the right to monitor, moderate, and remove reviews or testimonials that are inappropriate, false, or misleading.

11. Sales Policy

All sales of wellness products, supplements, and services offered by Viva Vitality are final and non-refundable, whether purchased in-person or online, except as required by applicable law. We encourage you to carefully review your selections and ask questions before completing a purchase.

12. Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Minnesota, without regard to its conflict-of-law principles. Any dispute arising out of or relating to these Terms or your use of the Site will be subject to the exclusive jurisdiction of the state or federal courts located in Dakota County, Minnesota, and you consent to personal jurisdiction in those courts.

13. Contact Information

Questions or concerns about these Terms may be directed to:

Viva Vitality MN
Lakeville: 20765 Holyoke Ave, Lakeville, MN 55044
Saint Paul: 821 Raymond Ave, Ste 231, Saint Paul, MN 55114
Phone: (952) 688-6388
Email: info@vivavitalitymn.com
Website: vivavitalitymn.com