Terms of Service

Last updated April 2018

1. Welcome

These terms and conditions of use, together with our Privacy Policy and DMCA Notice as provided on the BookMD website, both incorporated herein by reference and collectively the “Agreement” or “Terms”, govern your access to and use of BookMD services (“Services”) made available to you through the BookMD technology platform (collectively, the “Platform” or “Website”). For purposes hereunder, the terms “you”, “your”, “yours” or “user” refer to the visitor or user of the Platform. The terms “Vim”, “we”, “us” or “our” refer to BookMD, Inc. d.b.a. Vim, together with our related, affiliated and/or subsidiary companies.

BY BROWSING, ACCESSING AND/OR USING OUR PLATFORM, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND WILL ABIDE BY THE TERMS AS SET FORTH HEREIN AND THAT YOU ARE AT LEAST 13 YEARS OLD. YOUR USE OF THE SERVICES CONSTITUTES YOUR AGREEMENT TO OUR PRIVACY POLICY WHICH INCLUDES CHILDREN’S ONLINE PRIVACY PROTECTION ACT PROVISIONS. YOU MUST PERIODICALLY REVIEW THE TERMS AS WE MAY MODIFY SUCH FROM TIME TO TIME. IF AT ANY TIME YOU CHOOSE NOT TO ACCEPT THE TERMS, INCLUDING FOLLOWING ANY SUCH MODIFICATIONS, THEN YOU MUST STOP USING THE PLATFORM. AS FURTHER PROVIDED BELOW, WE OFFER THE SERVICES “AS IS” AND WITHOUT WARRANTIES. YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THE AGREEMENT. IF YOU ARE UNSURE ABOUT ANY PROVISON OF THE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE PLATFORM AND/OR SERVICE. IF YOU DO NOT AGREE WITH THE ENTIRE AGREEMENT THEN YOU ARE NOT PERMITTED TO ACCESS OR USE THE PLATFORM. NOTE: Certain Vim corporate customers have additional terms that will further govern your use of certain services on the Platform.

2. General Information

VIM DOES NOT PROVIDE MEDICAL ADVICE. THE PLATFORM DOES NOT PROVIDE MEDICAL ADVICE.  THE SERVICES AND THE PLATFORM CANNOT REPLACE MEDICAL ADVICE IN CASES OF MEDICAL EMERGENCY. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD CONTACT EMERGENCY SERVICES, SUCH AS 911, AMBULANCE SERVICE OR EMERGENCY ROOM. NO DOCTOR/PATIENT RELATIONSHIP IS CREATED BY USING INFORMATION PROVIDED BY US OR THROUGH THE USE OF THE PLATFORM OR SERVICES OR THROUGH ANY OTHER COMMUNICATIONS FROM VIM INCLUDING, BUT NOT LIMITED TO LINKS TO OTHER SITES (“Third Party Sites”). WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE PROFESSIONAL QUALIFICATIONS, EDUCATION, EXPERIENCE OR EXPERTISE OF ANY HEALTHCARE PROVIDER. FURTHERMORE, VIM DOES NOT IN ANY WAY ENDORSE OR RECOMMEND ANY INDIVIDUAL OR ANY PARTICULAR HEALTHCARE PROVIDER LISTED OR ACCESSIBLE THROUGH THE PLATFORM. YOU ARE ULTIMATELY RESPONSIBLE FOR CHOOSING YOUR OWN HEALTHCARE PROVIDER. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY INFORMATION PROVIDED ON OR THROUGH THE PLATFORM. The information provided on the Platform, which may include information provided by third parties and other users, is intended for general reference purposes and may serve as one educational resource. The procedures, products and treatments are not applicable to all users. We may from time to time add new products and services to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services. You agree that Vim will not be liable to you or any third party for any suspension or discontinuation of any of the Services. The timeliness, accuracy, and completeness of the information provided on or through the Platform is not guaranteed. Though we may review certain of the information posted, we have no obligation to do so. It is solely your responsibility to independently verify information provided.

3. Registration

By your accessing the Platform, we will collect information about you and if you choose to register and/or utilize the Platform and Services, you will need to provide additional information, your “Personal Information” as further defined below and in the Privacy Policy. As part of your registration, you will provide your mobile phone number, email address and create a password. It is your sole responsibility to protect your password and ensure that your mobile phone number and email address is correct and current. You are solely responsible for any activity conducted through your Vim account whether or not you are the individual who undertakes such activity. You release and hold harmless Vim from any and all claims and causes of action arising out of or resulting from a third party’s unauthorized use of Your Vim account. Therefore, if your password has been compromised, immediately notify us by email to [email protected] If you do not want us to have your Personal Information do not register and do not utilize the Platform or the Services. Your account is for your personal, non-commercial use only. You may not register or use the Platform or Services if you are under the age of 13 years old. Individuals who have a legal guardian or are between the ages of 13 and 18 may utilize the Services provided a parent or legal guardian represent and warrant they have the authority to enter into these Terms on their behalf and use the Services only under the supervision of the parent or guardian.

4. Personal Information

Your Personal Information includes, but is not limited to your (i) name, (ii) contact details including mobile phone number, email, mailing, billing and business addresses, phone and fax numbers, (iii) current medical needs and sensitive personal health information that you choose to enter into the Platform, (iv) medical insurance information including member and group numbers, (v) payment information including a credit card account number used when you choose to access or purchase certain Services along with your social security number, (vi) emergency contact information, (vii) other data that can be used to personally identify or contact you. In connection with providing you with Services you selected through the Platform, you understand and agree that we may use and disclose your Personal Information to your selected healthcare providers. YOU HEREBY EXPRESSLY AUTHORIZE VIM, ITS EMPLOYEES, AGENTS AND OTHERS OPERATING ON ITS BEHALF TO USE, STORE, DISCLOSE, COLLECT, RETAIN, RECEIVE, ANALYZE AND OBTAIN YOUR PERSONAL INFORMATION INCLUDING HEALTH RELATED AND FINANCIAL INFORMATION AS PERMITTED HEREUNDER INCLUDING TO YOUR SELECTED HEALTHCARE PROVIDERS.

5. The Platform

Vim’s proprietary technology Platform provides and organizes certain information to help you make informed choices in your search to independently assess particular healthcare providers. To enable such assessment, Vim includes certain profiles, objective and subjective ratings, feedback, comments and opinions, indexes, scorecards, materials, third party data and other informative details about healthcare providers on the Platform. The information provided on the Platform is compiled from a variety of sources then processed using various empirical and proprietary algorithms and processes. ALL INFORMATION CONTAINED ON THE VIM WEBSITE, THE PLATFORM, INCLUDING INFORMATION RELATING TO HEALTHCARE PROVIDERS, MEDICAL AND HEALTH CONDITIONS AND TREATMENTS, OTHER USER’S OPINIONS, IS FOR GENERAL INFORMATIONAL PURPOSES ONLY. The Platform may serve as an intermediary, a conduit, which provides selected information about certain healthcare providers and allow you to book appointments with healthcare providers you select. Please note that if you have chosen to receive notifications from the Platform, we may send you emails and/or text messages which will provide you with important information and/or suggestions, based on your information. Procedures, products, devices and services presented, discussed and/or marketed on the Platform, either paid or unpaid, are not applicable to all individuals and do not imply safety or appropriateness of treatment or care. Information provided on the Platform (i) should not be considered complete and is not intended to be used in place of a patient visit, call, consultation or advice of a healthcare provider; (ii) is not intended to provide medical advice for any specific medical condition you may have; (iii) should not be construed as a recommendation or endorsement of a particular healthcare provider as such information may consist of statements of opinion and not statements of fact. We encourage you to independently verify all information so that you may make an informed decision prior to utilizing any specific healthcare provider. You assume all responsibility in connection with choosing any healthcare provider, whether or not you obtained information about such healthcare provider on or through our Platform. By using our Services or accessing our Platform, you specifically acknowledge and agree that we are not responsible for or liable in any advice, treatment or other services rendered by any healthcare provider, or for any claims (malpractice or otherwise) that may arise directly or indirectly from any such advice, treatment or other services. For avoidance of doubt, the healthcare provider is responsible for the appropriateness and quality of the services they provide.

6. Use of the Platform and/or Services

We reserve the right to view, monitor, record and disclose Platform activity however, we are not responsible for screening, policing, editing or monitoring the Platform. The Platform is administered in the United States (“U.S.”) and is intended for U.S. users. We make no representation that the Platform and/or the Service made available to you through the Platform is appropriate or available for use outside the U.S. If you choose to access the Platform from locations outside of the U.S., you do so at your own risk, of your own volition and are responsible for compliance with all applicable laws without limitation, export and import laws. IF YOU ACCESS THE PLATFORM OUTSIDE OF THE U.S., YOU CONSENT TO HAVING YOUR PERSONAL INFORMATION TRANSFERRED TO AND PROCESSED IN THE U.S. Without limiting any other provision in the Agreement, you understand, agree, represent and warrant that:

(i) you will provide true, accurate, complete and current data during registration (which you will update as necessary), and only access and use the Platform, and all information contained therein, or the Services in compliance with all applicable laws or regulations and, as intended by Vim in its sole discretion, only for your personal, non-commercial evaluation and selection of healthcare providers and the booking of your appointment, as further provided below, with your selected healthcare provider,

(ii) you will not, directly or indirectly access or use the Platform, and all information contained therein, or the Services (a) to attempt to access or access another user’s Personal Information, (b) for any commercial purposes including compiling mailing lists or other lists of healthcare providers, (c) to build, maintain, update or establish independent data files or otherwise amass statistical information thereof or therefrom, (d) publish or distribute in any medium or manner any of the information contained therein,

(iii) you will not attempt to elude, circumvent, disable, damage, or otherwise interfere with the Platform’s security-related features or attempt to gain access to the Platform, or user information, in an unauthorized or fraudulent manner including hacking, password mining, using any technology to mask, confuse, cover-up or distort the internet protocol address from which you are accessing the Platform or provide false information when registering. Nor will you use any robot, spider, site search/retrieval application, or other automated device, process or means to access, scrape, or index any portion of the Platform. Further, you will not take any action which in Vim’s sole discretion, places an unreasonable or disproportionately strain on the Platform technology infrastructure or otherwise make excessive traffic demands on the Platform. Additionally, you will not upload or submit information containing viruses or any computer code, corrupt files or programs engineered or intended to disrupt or destroy the functionality of any software or hardware utilized by Vim,

(iv) you will not use the Platform or Services, directly or indirectly, to engage in any anti-competitive, deceptive or unfair practices, or otherwise violate applicable antitrust, competition or consumer protection laws, or regulations including but not limited to, impacting or fixing prices charged or availability of healthcare providers.

7. Vim Ownership

All rights, title and interest in and to the Platform and Services including without limitation, object code, all source code, rating system, methodology, various empirical and proprietary algorithms and processes, operating instructions, the underlying technology or software used in connection with the Services, and interfaces developed for or relating to the Platform and/or Services, and all modifications, enhancements, revisions, changes, copies, partial copies, translations, compilations, improvements and derivative works of the foregoing are valuable intellectual property owned or licensed to Vim. You have no rights in or to any of the foregoing and no proprietary rights are being transferred to you under this Agreement. Information available on or through the Platform is owned by Vim or our licensors and is protected by copyright, trademark, patent, trade secret laws, other proprietary rights or international treaties.

8. Feedback

Should you share with us, or place on the Platform, any ideas, suggestions, reviews, ratings, opinions, patient surveys, compliments, complaints, documents, proposals and other information related to the healthcare providers, our business, our Services or our Platform (“feedback”), you expressly agree and hereby irrevocably grant us, without any compensation, a world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use such feedback for any purpose including publicly displaying, publishing, using for marketing or commercial purposes, distributing, reformatting, modifying, incorporating with other works, creating derivative works, product or advertising ideas, promoting and allowing others to do the same in connection with their own websites and you irrevocably waive, and cause to be waived, against Vim and its users any claims and assertions of moral rights with respect to feedback and you represent, warrant and agree that your feedback does not contain the confidential or proprietary information of you or of any third party, Vim is under no obligation of confidentiality, express or implied, with respect to the feedback nor do we need to retain a copy of such feedback.

Additionally, with respect to your feedback related to healthcare providers, you represent, warrant and covenant that: (i) such is true, accurate and not submitted as an attempt to manipulate the Platform search results, (ii) such is made voluntarily and relates only to the service that you received or booked from the specific healthcare provider, (iii) you are not related to or employed by or affiliated with such healthcare provider, (iv) you have the right to submit your feedback without violating the intellectual property rights of any person or entity, (v) such will not contain any personal health or otherwise confidential information, (vi) such will not violate any law, regulation or statute or promote or encourage illegal activity, (v) such will not harm, or threaten the safety of others, (vi) such is racially, ethnically or be otherwise objectionable, (vii) you will not imply that such feedback endorsed by Vim. You may expose yourself to liability by providing feedback if such is false, intentionally misleading, defamatory, or violates any third-party right, including any intellectual property or proprietary right, contains material that is unlawful, including exploiting or otherwise causing harm to minors, or violates or advocates the violation of any law or regulation. You are responsible for the content of your feedback and once submitted, it is in the sole discretion of Vim as to whether such can be withdrawn. Vim retains the right to delete or remove feedback from the Platform for any reason or no reason at all at any time or repost for the same. Vim may but has no obligation to monitor, moderate, review, screen, edit or police feedback or third party advertising posted or displayed on the Platform.

9. License

Provided that you agree with and are in compliance with the Agreement and solely for your non-commercial use and not for resale or distribution to anyone, Vim grants to you, an individual, a limited, revocable, non-transferable, non-sublicensable, non-exclusive license to (i) access the Platform, (ii) utilize the Services, and (iii) provided you reproduce and include all copyright and other proprietary notices, download or store (to a temporary cache) or print (a single copy) information made available on the Platform. Except as expressly permitted by us in this Agreement you will not directly or indirectly copy, reproduce, modify, adapt, translate, distribute, transmit, download, upload, scrape, post, sell, rent, transfer, publicly display, mirror, frame, extract, wrap, create derivative works of, reverse engineer, decompile or disassemble any aspect of the Platform or any of the information provided therein, in whole or in part, in any form or by any means, whether manual or automatic. No proprietary right is being transferred to you by this Agreement. There are no implied licenses under this Agreement. All rights not expressly granted to you herein are reserved by us or our licensors. Vim vigorously enforces its intellectual property rights to the fullest extent of the law and you specifically acknowledge and agree that any and all misappropriation or misuse of Vim technology or information contained on the Platform will cause irreparable harm to Vim and that money damages will not constitute sufficient compensation to Vim; consequently, in the event that you, directly or indirectly, misappropriate or misuse any of the proprietary technology or information contained therein, you specifically consent to Vim obtaining injunctive relief against you in addition to any other legal or financial remedies to which Vim may be entitled.

10. Booking Appointments

You may choose to use the Platform to book your appointment with the healthcare provider you select. Once you complete booking your appointment with your selected healthcare provider on the Platform, we will send you a confirmation email and/or a text message with the details of your appointment to the email address and/or the mobile phone number you provided. When you book your appointment, you hereby agree to attend such appointment and agree and acknowledge that the cancellation and no-show policies of Vim, available on the Platform, and the healthcare provider shall apply. Further, you accept the terms of use and privacy policy of our payment processing partner, as further described below. Prior to scheduling an appointment with a healthcare provider, please carefully review the pricing and services information. Healthcare providers are responsible for maintaining their own schedules. Vim has no control over and cannot guarantee the availability of any healthcare provider and are not liable in any way for canceled or otherwise unfulfilled appointments. By scheduling an appointment with a healthcare provider you hereby agree to attend your scheduled appointment. Further, you hereby agree to the ‘Designated Price’, when so noted, and the ‘Transaction Processing Fees’, as provided below. To review, adjust or cancel your reservation, please revert to the confirmation email and/or text message and follow the instructions therein. In the event of a ‘no-show’ or a cancellation less than 24 hours prior to your scheduled appointment, the Designated Price paid by you in connection with your scheduled appointment will be refunded excluding fees for the Transaction Processing Services.

11. Designated Price

As provided on the Platform, the selected healthcare provider is required to provide the applicable described health service at or below the price indicated at the time of booking (the “Designated Price”). Healthcare services which are different or in addition to such described for the Designated Price may be made available by the healthcare provider. You and your healthcare provider are responsible for discussing any additional or different healthcare services and any additional associated fees and costs. If you and your healthcare providers agree to additional or different healthcare services, such may change the service price for the healthcare services charged through the Platform by the applicable healthcare provider. Therefore, you should agree to different healthcare services only if you fully understand how the service price will change as you are responsible for and will be charged through Platform for any additional or different services rendered related to the applicable appointment. WE ARE NOT RESPONSIBLE FOR ANY HEALTHCARE PROVIDER’S FAILURE TO AGREE TO ANY ADDITIONAL OR DIFFERENT HEALTHCARE SERVICES.

12. Payment

Vim currently uses Braintree, a division of PayPal, Inc., as its payment processing partner (“Processing Partner”). You hereby expressly agree to the terms of use and privacy policy of both ‘Braintree Payment Services Agreement’ available at https://www.braintreepayments.com/legal/gateway-agreement and the applicable ‘Bank Agreement’ available at https://www.braintreepayments.com/legal/cea-wells. Vim and/or its Processing Partner will collect from the applicable healthcare provider a transaction processing fee for the billing, collection and payment services performed in connection with the healthcare services and any other products or services provided by the applicable healthcare provider (the “Transaction Processing Fee”). Vim is not responsible for any costs or for any products or healthcare services provided by the healthcare provider. You agree and authorize that fees due and payable to your healthcare provider will be paid directly by your health plan to such healthcare provider as appropriate. In addition, you acknowledge and agree that you will be required to pay your out-of-pocket share, as applicable. Any late payment, wrong bank, debit or credit card details, invalid credit/debit cards or insufficient funds are for your own risk and account and you shall not be entitled to any refund of any (non-refundable) prepaid amount unless the healthcare provider agrees or allows otherwise under its (pre)payment and cancellation policy. Neither Vim nor the Processing Partner will be responsible if unable to complete a transaction for any reason, including but not limited to: (i) if you have not provided us with accurate, current and complete payment information, (ii) if you do not have sufficient available funds or available credit to complete the transaction, (iii) if you do not have an active payment card, or if we are unable to confirm your payment card information or your identity, (iv) if your account with us, your account with our Processing Partner, your access to the Services, or your access to our Processing Partner’s services has been terminated or suspended for any reason, (v) if we or our Processing Partner have reason to believe that the requested transaction is unauthorized, or (vi) if we terminate or suspend the services we provide to such healthcare provider.

13. Payment Disputes

You must resolve any dispute between you or any healthcare provider arising from any transaction hereunder directly with the healthcare provider. Notwithstanding the foregoing, in the event of incorrect billing with respect to the Designated Price, not a result of previously disclosed potential additional charges for different services that you and the healthcare provider agree to, you may contact us and we will reasonably assist you in resolving such dispute.

14. Links to Third Party Websites

The Platform may contain links to third party websites for the use and/or convenience of our users. We urge you to read the terms and conditions and privacy policy of each third party site that you choose to visit prior to any utilization of their offering as our Terms, including our Privacy Policy, does not govern such sites. Such links do not imply, directly or indirectly, our endorsement, recommendation or affiliation with products, services or information provided by such third parties. Such sites are maintained by third parties over which we exercise no control. You acknowledge and agree that Vim shall not be liable for any damages or injury resulting or arising from the content of or access to such other websites. Accordingly, we expressly disclaim any and all liability and responsibility for the accuracy, availability, legitimacy, reliability, completeness, currency, quality, performance or suitability of the content, data, information or materials provided on or through any third party site and you acknowledge and agree that Vim shall not be liable for any damages or injury resulting or arising from the content of or access to such other websites and applications

15. Assumption of Risk

VIM DOES NOT ENDORSE ANY PARTICULAR HEALTHCARE PROVIDER. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (i) YOUR USE OF THE PLATFORM OR THE SERVICES ARE ENTIRELY AT YOUR OWN RISK, (ii) YOU HAVE BEEN ADVISED THAT THE INFORMATION AVAILABLE ON THE PLATFORM MAY INCLUDE INACCURACIES AND THAT SOME OF THE CONTENT, INCLUDING BUT NOT LIMITED TO HEALTHCARE PROVIDER INFORMATION, DATA, RESEARCH, ANALYSIS AND REVIEWS, PAID OR UNPAID, ARE PROVIDED BY THIRD PARTY INFORMATION PROVIDERS AND MAY BE UNVERIFIED BY VIM, (iii) YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR OMISSIONS TAKEN OR MADE IN RELIANCE ON THE INFORMATION AVAILABLE ON OR TRANSMITTED THROUGH THE PLATFORM. ACCORDINGLY, VIM DOES NOT ASSUME ANY LIABILITY TO YOU FOR ANY OF YOUR ACTIONS, INCLUDING YOUR USE OF THE SERVICES OR THE POSTING OR UTILIZATION OF ANY CONTENT YOU SUBMIT THROUGH THE PLATFORM OR DIRECTLY TO VIM. WE EXPRESSLY DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY WITH RESPECT TO SEPARATE AGREEMENTS YOU MAY MAKE WITH HEALTHCARE PROVIDERS OR WITH THIRD PARTIES WHO OFFER SERVICES ON OR THROUGH THIS PLATFORM, AND YOU WILL LOOK SOLELY TO SUCH HEALTHCARE PROVIDERS AND THIRD PARTIES WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF SUCH AGREEMENTS AND/OR SUCH SERVICES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR”.

16. Disclaimer of Warranties

VIM EXPRESSLY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY WITH RESPECT TO ANY AGREEMENTS YOU MAY ENTER INTO WITH HEALTHCARE PROVIDERS OR OTHER THIRD PARTIES WHO OFFER SERVICES ON OR THROUGH THE PLATFORM, AND YOU AGREE TO LOOK SOLELY TO SUCH HEALTHCARE PROVIDERS AND THIRD PARTIES WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF SUCH. We have no special relationship with you nor do we have a fiduciary duty to you. You acknowledge that with respect to the Platform and/or the Services (which includes links to third parties, submission of content or opinions of users or other third parties), (i) we have no control over, and no duty to take any action regarding which users gain access, or (ii) what content you access, (iii) what effects the content may have on you, or (iv) how you may interpret or use the content, or (v) what actions you may take as a result of having been exposed to the content. You release us from all liability for you having acquired or not acquired content through the Platform and/or the Services. Be advised, the Platform may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning content contained in or accessed through the Platform and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Platform. We make no representations or warranties regarding suggestions or recommendations of services offered or purchased through the Platform. ACCESS TO THE SERVICES AND THE INFORMATION AND CONTENT CONTAINED THEREON IS PROVIDED “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, WITHOUT BREACHES OF SECURITY, ERROR/BUG-/VIRUS/DEFECT OR OTHER HARMFUL ITEM FREE OR THAT LOSS OF DATA WILL NOT OCCUR. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE PLATFORM AND/OR THE SERVICES OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH SUCH. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE MAKE NO WARRANTIES ABOUT THE SERVICES MADE ACCESSIBLE THROUGH THE PLATFORM OR ANY SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF IMPLIED WARRANTIES OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY SUCH APPLICABLE LAW.

17. Limitations on Liability

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS OUR LIABILITY. YOU ARE GIVING UP CERTAIN LEGAL RIGHTS BY AGREEING TO THESE TERMS. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY FOR ANY DISSATISFACTION WITH THE PLATFORM OR SERVICE OR ANY DISPUTE OR ANY OTHER GRIEVANCE WITH VIM SHALL BE THE TERMINATION AND DISCONTINUATION OF YOUR ACCESS TO OR USE OF THE PLATFORM AND SERVICE. WE EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT TO ANY INJURY CAUSED BY OR TO YOU OR ANY DAMAGE SUFFERED BY YOU, AS A RESULT OF THE ACTIONS OR INACTIONS OF US OR ANY OTHER USER. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES OR THE PLATFORM, REGARDLESS OF THE FORM OF ACTION, EXCEED A TOTAL OF FIFTY US DOLLARS (US$50). IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE PLATFORM, THE SERVICES OR SERVICES OBTAINED ON OR THROUGH THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR MEDICAL MALPRACTICE OR NEGLIGENCE OF VIM PROVIDERS UTILIZED THROUGH USE OF THE SERVICE, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY SUCH APPLICABLE LAW.

18. Indemnity

UPON A REQUEST BY US, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS VIM, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THE EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS, AGENTS, SUPPLIERS, SUCCESSORS AND ASSIGNEES OF EACH OF THEM FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DEMANDS, LOSSES, COSTS AND EXPENSES, INCLUDING ATTORNEY’S FEES AND LITIGATION EXPENSES ARISING OUT OF OR RELATING TO (i) your access to or use of the Platform or Services, (ii) your violation of this Agreement, (iii) any products or services obtained by you in connection with the Platform, or (iv) any negligent or illegal or wrongful conduct or infringement of an intellectual property right of Vim, or a third party, by you or any other person accessing the Platform using your Credentials, or (v) any feedback that you submit or post to the Platform, or (vi) any arrangements you make based on information obtained on or through the Platform, or (vii) any breach by you of the Agreement. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct. Vim will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. Vim reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Vim.

19. Force Majeure

You absolve and release Vim from any claim of harm resulting from any cause over which we do not reasonably have control including, but not limited to, acts of God, riots, fires, floods, failure of electronic or mechanical equipment or communication lines, acts or campaigns of terrorism or sabotage, telephone or other interconnect problems, blockades, embargoes, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, natural disasters, strikes or other labor difficulties, civil unrest, civil disobedience, acts of wars or governmental restrictions.

20. Governing Law; Jurisdiction; Venue

Any controversy, dispute or claim arising out of or related to this Agreement or your use of the Platform or Services shall be (i) governed by the laws of the State of California, without regard to its conflict of laws provisions; except and only to the extent that the Health Insurance Portability and Accountability Act Privacy Rule, 45 CFR Part 160 and Subparts A and E of Part 164, is mandated to specific health-related information you provided to us through the Platform, (ii) settled by the courts located in San Francisco, California, and you hereby expressly waive any jurisdictional, venue or inconvenient forum objections to such courts and you agree to submit to the personal jurisdiction of the state and federal courts located in the City and County of San Francisco in the State of California. The Terms shall not be governed by the United Nations Convention on Contract for the International Sale of Goods, the application of which is expressly disclaimed. The Agreement controls the relationship between us and you and does not create any third party beneficiary rights. Registration on the Platform is void where prohibited by applicable law, and the right to access such is revoked in such jurisdictions. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. You further agree we may bring suit in court to enjoin any violation of these Terms without the posting of a bond or security, in addition to whatever remedies we might have at law. In any dispute between you and us where you are found to be in breach of the Agreement, should we prevail, we shall be entitled to recover reasonable attorney fees, court costs, disbursements and other legal expenses.

21. Termination; Survival

You agree and acknowledge that Vim may suspend or terminate your access to the Platform or the Services, with or without notice or cause, for any or no reason, and without any liability to you or any third party for such. Upon such termination, all licenses granted to you under this Agreement immediately and automatically terminate and you may no longer access, browse or otherwise use or access the Platform or Services. In the event of any termination of the Agreement, whether by you or us, those sections which are intended to survive such termination shall continue in full force and effect including our right to use Submissions as provided for herein, warranty disclaimers, limitations and exclusions of liability, indemnity and the and other terms and conditions of this Agreement which by their nature are intended to survive and will survive the termination or expiration of this Agreement.

22. Electronic Communications; Notices

Your affirmative act of accessing and using the Platform and/or the Services constitutes your electronic signature to this Agreement and your express consent to receiving electronic communications from us which include notices about fees. You agree that all agreements, notices, authorizations, disclosures and other communications that we provide to you electronically, as well as any acceptances, agreements, consents or authorizations that you provide to us electronically, satisfy any and all legal requirement(s) that such communications be in writing. You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent such waiver is not specifically prohibited under applicable law. Should you elect to send or receive e-mail communications of any kind to or from Vim, you represent and warrant to Vim that you have provided your current email address and/or your mobile phone number and that your e-mail service and/or mobile network operator has a security systems necessary to prevent unauthorized access to outbound or inbound e-mail transmissions and / or text messages. Notices sent via email and / or text message to you will be deemed received by you the business day after the e-mail and / or text message is sent, whether or not you provided an accurate or current e-mail address and / or mobile phone number. Notices sent to Vim via email and/or text message or carrier shall be deemed delivered when actually received by Vim.

23. Waiver

Failure to insist on strict performance of any provisions of this Agreement will not constitute a waiver of any breach or failure of performance and no waiver of any provision of the Agreement will be valid unless in writing and acknowledged in writing or electronically by both parties.

24. Assignment

The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with Vim’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.

25. Modifications to Terms

We reserve the right, at our sole discretion, to change, alter, amend or otherwise modify the Agreement from time to time. If we make material changes to the Terms, we will notify you by posting a notice on the Platform prior to the effective date of the changes. We urge you to check back and review the Agreement for any updates or modifications. After any such modification becomes effective, we will deem your continued access to or use of the Platform and/or Services to constitute your acceptance of and agreement to such modifications.

26. Entire Agreement

This Agreement including the posted policies and supplemental terms, constitutes the entire agreement between you and Vim with respect to your use of the Platform and Services, and supersedes all previous understandings or agreements between you and Vim, whether written or oral. No joint venture, partnership, employment or agency relationship exists between you and Vim as a result of this Agreement or your use of the Platform. The section titles in the Terms are for convenience only and have no legal or contractual effect. You agree and acknowledge that (i) no reliance is placed on any representation other than as expressly contained in the Agreement, (ii) in providing you access to and use of the Platform and Services, Vim has relied on your acceptance of the effective Terms at the time you access the Platform and/or use the Services , (iii) if any provision of the Agreement is adjudged invalid, illegal or unenforceable by a court of competent jurisdiction, such provision shall be promptly replaced to, as nearly as possible, reflect the original intentions, including economic effect, of you and Vim and the remaining provisions shall remain in full force and effect.

Oron Afek profile picture

Oron Afek

Chief Executive Officer

Oron is the CEO of Vim. Oron leads corporate strategy/business development and aligns team members, product, customers and partners with the company’s mission to improve the overall value of health care. Following his service in a specialist unit of the Israel Defense Forces, Oron founded and led business development for 4 companies in telecommunications, gaming, real estate and education. Oron graduated summa cum laude from the IDC in Herzliya, Israel with degrees in law and business administration.

Asaf David profile picture

Asaf David

Chief Technology Officer

Asaf is the CTO of Vim. Asaf leads Vim’s long-term technology vision and is responsible for supervising all development and innovation efforts.

Asaf started his career in the Israel Air Force, where he served as a captain in an elite technology unit for over 6 years. He held several positions starting as a developer and evolving into a project manager. After his military service, Asaf founded and served as the CTO for TixWise, a  technology company that developed a marketplace for entertainment tickets and is now the market leader in Israel. Asaf also founded Bink, an innovative technology-based internet bank. In both ventures, Asaf led the development process, was in charge of both solution architecture and product design to realize the product vision.

Eugene Hsu, MD, MBA profile picture

Eugene Hsu, MD, MBA

Chief Medical and Compliance Officer

Eugene is Chief Medical and Compliance Officer of Vim where he leads development and implementation of Vim’s clinical strategy and compliance. He completed residency at Johns Hopkins where he led national quality improvement initiatives. He worked at the Centers for Medicare & Medicaid Innovation Center aligning payment policy to the reduction of hospital-acquired harm across 3,500 American hospitals. He is dual board certified in Anesthesiology and Pain Medicine, maintains a clinical practice and is on the teaching faculty for Stanford’s Clinical Excellence Research Center.

Eugene has worked at Johnson & Johnson Development Corporation, The Monitor Group, and 3V SourceOne Venture Capital. He completed undergraduate at Duke University and is a proud MD/MBA graduate of the Geisel School of Medicine and Tuck School of Business at Dartmouth.

Omer Bacharach profile picture

Omer Bacharach

VP Product

Omer is the VP product of Vim where he leads the product vision and execution. He has a deep technical background and a passion for products. In his career, Omer has worked at several technology corporations including Mercury, which was acquired by HP and Retalix, which was acquired by NCR. In addition, Omer was responsible for the product for companies in various industries: algo trading , property management, and digital content. Prior joining Vim, Omer served as head of Product and Operations for IronSource, one of the most successful startups in Israel.  Omer holds a BA in computer science and an MBA from Tel Aviv University.

He served as a combat soldier in one of Israel Defense Forces’ elite units and participated in various special operations.

William Simmons profile picture

William Simmons

Senior Director of Product

Will is the Senior Director of Product at Vim. Will leads product roadmap, execution, and strategy. He has deep experience understanding user requirements, translating them into clear product vision, and guiding engineering teams.

Previously, Will was an early stage product leader at Oscar, a new insurance company based in New York City, where he was an integral part of the company’s growth from 80 employees to over 500 employees. Additionally, he was the driving force behind building the sales team and platform that grew member enrollment by 300%. Prior to entering the health sector, Will gained extensive experience in the financial sector, having led a wide range of platforms from trading to portfolio risk management.

Will is a graduate of Monash University in Melbourne, Australia.

Peter Iansek profile picture

Peter Iansek

VP of Product Operations

Peter is the VP of Product Operations at Vim. He is responsible for Vim’s provider strategy and operations which includes network adequacy, onboarding, and engagement.

Peter has over 10 years of experience in healthcare and has held leadership roles with national and global healthcare companies in Sydney, London, and New York. Prior to joining Vim, Peter worked at Oscar insurance, where he led the implementation of Oscar’s national ancillary networks and management of Oscar’s provider network partners.

Prior to Oscar, Peter worked for the global health insurer Bupa, holding multiple roles focused on channel strategy and operations. Peter successfully implemented programs that transformed the channel experience for millions of Bupa members annually.

Peter is a graduate of Monash University in Melbourne, Australia.

Erin Tozour profile picture

Erin Tozour

Senior Director of Design and User Experience

Erin is Senior Director of Design and User Experience at Vim where she leads branding, user experience, and visual design efforts. During her 12+ years as a designer, she’s created effective eCommerce websites for clients such as TOMS Shoes and Disney, managed design for products at eBay and crafted engaging experiences for corporate events at Magento. Erin graduated from Berklee College of Music where she majored in Songwriting. Her lifelong pursuit of the arts paired with a proclivity toward patterns and systems led her to her career in design.

Ari Klein profile picture

Ari Klein

VP of Account Management

Ari is the VP of Account Management at Vim and a software industry customer success speaker and mentor. He has built his career shaping and scaling early-stage companies. Ari has led complex, transformative technology implementations across industries and at some of the largest and most influential companies in the world, including Apple, Google, Microsoft, American Public Media, the New York Times, Walmart, and Beth Israel Deaconess Medical Center. Ari graduated from the University of Michigan with a degree in Industrial and Operations Engineering.

Moran Shemesh profile picture

Moran Shemesh

Senior Software Developer

Moran is a senior software developer at Vim. He completed his bachelor degree in computer science while in high school. After completing his degree he joined the Israel Air Force elite technology unit as captain for 5 years. Moran served in several positions with increasing responsibility beginning as a software developer and later as a team leader managing a team of 8 developers. During his military service, Moran also received a Certificate of Excellence for his service in the IAF.

After his military service, Moran served as the CTO of Synairgy which developed an air traffic control management system for the commercial use of drones.

Chen Rozenes profile image

Chen Rozenes

Senior Software Developer

Chen is a senior software developer at Vim. He began his career in the Israel Defense Forces in the elite Air Force technology unit where he served for 6 years while holding several positions with increasing responsibility. He began as a software programmer, then was given responsibility for operational systems and went on to become a team leader.

As an officer, Chen led a team of 7, developing and maintaining mission-critical systems in a near real-time environment. His team led the wholesale replacement, development, and implementation of military technology infrastructure which improved performance, scalability, and reliability.

Chen completed a B.Sc. in Computer Science and received 2 certificates of excellence. Besides programming, Chen loves music and plays both the piano and the guitar.

J.P. Leisure

VP of Operations

J.P. is the VP of Operations at Vim where he is responsible for setting the company up for rapid, responsible growth. He is focused on developing the infrastructure to support team building, financial performance, procurement, and generally business health. Prior to Vim, J.P. led Operations at Stride Health, where he helped the company triple the size of the team and experience non-linear revenue growth over his tenure. He also recruited, developed, and led a 20+ person Operations team. Before Stride, J.P. spent 9+ years at Booz & Company (formerly Booz Allen Hamilton) doing Management Consulting. He specialized in consumer driven strategy, operational design, and operating model. He left Booz as a Principal.

J.P. graduated from UCLA with a B.S. in Biology, and is an avid traveler, a sports junky, and a lover of the outdoors.

 

Nandy Vaisman

Chief Information Security Officer

Nandy is the CISO of Vim where he leads Vim’s information security function and is responsible for supervising all of Vim’s security initiatives.

Nandy started his career in the Israel Defense Forces. After leaving the IDF, Nandy held several positions of increasing responsibility within the information security function in highly regulated verticals. Nandy comes to Vim as part of his distinguished career in Information Security.

Nandy is a Certified Information Systems Security Professional (“CISSP”) with a background in engineering and degrees in economics and business management.

Peretz Partensky, PhD

VP of Product and Data

Peretz is VP of Product and Data at Vim, where he is responsible for making sure we build products our customers want that also create value to the healthcare system as a whole. Peretz founded and led product at Y-Combinator backed Sourcery with the vision of bringing transparency to our food supply chain. He co-founded and led data at Restaurant Cheetah, a fast-growing restaurant supply fulfillment company. Peretz has a MPhil in Literature from Cambridge University and a PhD in Biophysics/Biochemistry from the University of California, San Francisco. He served as a National Science Foundation fellow in Beijing and supported a DARPA funded initiative in Afghanistan installing internet infrastructure at hospitals and schools. He coached an Afghan regional basketball team to a national championship in Kabul.

Lawrence Leisure, MS, MBA

Co-Founder, Chicago Pacific Partners

“Intent without action and impact is the unfortunate norm in healthcare.  VIM starts with intent but closes the loop, intercepting the patient at a teachable moment, guiding care, enabling that interaction to ensure engagement is actually scheduled and completed and finally delivering measurable, objective outcomes that result.”

Larry Leisure is a Co-Founder and Managing Director of Chicago Pacific Founders, a Chicago and San Francisco private equity fund focused on senior living and care delivery services.  In addition, he serves as Chairman of Washington, D.C. based ADVI that provides advisory services to the digital health, life sciences and managed care services industries.  

Larry has had a distinguished career in healthcare, serving in venture capital, private equity, management consulting and industry operating roles.  Organizations, where he has held senior leadership positions, include Accenture as Global Managing Partner for the Health Vertical; Price Waterhouse where he led their Employer and Payer Managed Care Practice; Willis Towers Watson’s predecessor company Towers Perrin where he led their Group Benefits and Managed Care practices; Kaiser Foundation Health Plans where he oversaw national sales & account management; and UnitedHealth Group where oversaw the Payer Segment for Ingenix Consulting (now Optum Health).

In 2009 Larry founded AccelusHealth Partners, LLC that merged with HillcoHealth to form ADVI in 2013.  He also co-founded Healthspottr, a new media company focused on the acceleration of innovation in health care.  He serves as a board member for several health-related companies, including iN2L, P3, and Recovery Ways.

Larry received his AB in Economics from Stanford University and his MBA in Finance from the  University of California, Los Angeles.

Michael Zubkoff, PhD

Professor of Health Economics at Dartmouth

“A clear winner in the making: they actually meet the needs of employees for higher quality care at lower costs. That’s why we have them come teach each year at Dartmouth in our “The Employers Role in Healthcare” focused courses.”

Mike Zubkoff is Director, MD-MBA Program at Dartmouth; Associate Dean, Geisel School of Medicine at Dartmouth; Faculty Director, Healthcare Initiative at Tuck School of Business at Dartmouth; and Professor of Health Economics and Management at the Geisel School of Medicine, Tuck School of Business, and The Dartmouth Institute for Health Policy and Clinical Practice. He is a Member of the National Academy of Medicine, of the National Academies of Sciences, Engineering, and Medicine (the youngest member ever elected). Professor Zubkoff served as Professor and Chair of the Department of Community and Family Medicine at Dartmouth Medical School and Hitchcock Medical Center from 1975 to 2015.

Mike has served as a Director or Trustee of a number of foundations, corporations, and universities over the years. Currently Professor Zubkoff is a member of the Board of Directors, and co-founder, of GoHealth Urgent Care, a TPG portfolio company; a Director of WelbeHealth, an F-Prime Capital and .406 Ventures-backed startup providing integrated medical and social services to the frail elderly; and former Director of Groups: Recover Together, an RRE Ventures, Bessemer Venture Partners and Thrive Capital Ventures-backed company serving the needs of  those with opioid addictions. Mike also serves as a Member of Scientific Advisory Board at Calibrater Health, LLC which provides text-based surveys for patients and automated feedback management for healthcare teams.

Professor Zubkoff has served as a correspondent/member of the National Academy of Sciences’ Committee on Human Rights for over 20 years. He served as Vice Chair of the Department of Family and Community Health at Meharry Medical College from 1967 to 1975. He was Assistant/Associate Professor of Economics and Director of the Health Services Research Training Programs (Ph.D. and Masters) at Vanderbilt University, in Nashville, Tennessee. From 1967 to 1970 he also taught at Fisk University under the Woodrow Wilson Fellowship Foundation’s Teaching Fellows Program. From 1965 to 1974, he served in a number of positions (including President, Vice President, Treasurer and Secretary) within the Medical Committee for Human Rights’ southern branch, which coordinated medical coverage at the Civil Rights Marches being led by Dr. Martin Luther King, Jr., throughout the south.

Mike has been the recipient of several honorary degrees and currently serves as a Trustee of the American University of Kosovo. He completed his studies at Columbia University under Professors William Vickrey (Nobel Laureate in Economics) and Eli Ginzberg.

Alan Glaseroff, MD

Co-Founder, Stanford Coordinated Care

“Vim’s strategy to provide “smart links” between health plans, primary care providers, patients, and the downstream specialists and services they need is both well-conceived and timely for efforts to better coordinate care.”

Dr. Glaseroff is a national leader in preventing costly health crises. He serves as faculty at Stanford’s Clinical Excellence Research Center as an Adjunct Professor of Medicine and was Co-Founder and Co-Director of Stanford Coordinated Care, a program for patients with complex chronic illness and high cost. He also currently served as national faculty for the Institute of Healthcare Improvement’s “Better Care, Lower Cost” collaborative 2015-17, as the Director of Workforce Transformation in Primary Care at Stanford where he was responsible for training the teams for Primary Care 2.0, a radical redesign of primary care. He currently works at Stanford’s Clinical Excellence Research Center with Dr. Arnie Milstein to help develop and spread new models of care. He is also a member of the Innovation Brain Trust for the UniteHERE Health Fund, and coaches their health promoters in Atlantic City, NJ and nationally.

Dr. Glaseroff was named the “California Family Physician of the Year” for 2009. His focus is on the intersection of the meaning of patient-centered team care, patient activation, and the key role of self-management within the context of chronic conditions. He received his MD from Case Western Reserve.

Kent Marquardt, MBA

CEO, Maverick Advisors

“Vim will not only connect the last mile but will enable critical information sharing on where to go, what you need to do and vastly improve the patient experience.”

Kent Marquardt is the CEO of Maverick Advisors, LLC. Maverick specializes in innovation and strategy with healthcare companies. Maverick has a special focus on companies using analytics and customer engagement to attack inefficiencies in health care costs.

Kent is currently an outside director for Cardinal Analytx and an advisor for Landmark and Health Velocity Capital.

Kent was Executive Vice President and Chief Financial Officer at Premera Blue Cross. He was responsible for the Premera family of companies’ finance, actuarial, corporate informatics, underwriting, and healthcare economics departments. He also had responsibility for the Innovation program and Strategic Investments and was part of the Executive Leadership Team that drove overall strategy and long-term direction.

Prior to Premera, Kent was with American Dental Specialist Inc., where he served as the chief executive officer. Prior to that, he was the chief operating officer of western operations and chief financial officer of the western operations of MedPartners, Inc., the nation’s largest publicly held physician practice management company. He was CFO for PriMed Management Consulting, Inc. (Hill Physicians management company). He was with KPMG Peat Marwick for 19 years and was a partner in the Los Angeles and Phoenix offices.

He holds a bachelor’s degree in business administration from the University of Wisconsin–Whitewater and a master’s degree in business administration from the University of Wisconsin.

Richard Lungen

Managing Member, Leverage Health Solutions

“Vim is deploying an unparalleled solution that solves a universally unmet need to ensure consumers of healthcare utilize high-value providers.  After being in the provider network business for over 25 years as well as founding Leverage Health, VIM’s model is exactly what the health plans need to achieve their objectives of creating narrow networks while also delivering a best practice consumer experience”

Richard is a Managing Member of Leverage Health and is an enthusiastic and tireless proponent of driving transformative growth in an ever-changing marketplace.  Richard founded Leverage Health as a means to deliver best-practice solutions from leading service companies to healthcare stakeholders. The firm has experienced year after year growth in sales, referenceable clients, and Portfolio Companies and has developed an expanded team of leading healthcare professionals that bring unique perspectives and insights to the industry’s most challenging problems.

Prior to founding Leverage Health in 2007, Richard was senior vice president of business development at HealthPlan Services, a leading business process outsourcing firm servicing health plans, associations, and Taft Hartley plans, where he was responsible for record sales. Between 2001 and 2005, Richard held senior leadership positions overseeing sales and business development with MedAvant Healthcare Solutions (previously ProxyMed, PILL: NASDAQ).

From 1998 to 2001, Richard was vice president of sales overseeing all revenue for PlanVista Solutions where he worked with the industry’s premier payers. In 1993, Richard was an original employee at the launch of National Preferred Provider Network (NPPN), one of the nation’s largest PPOs, and worked with them through 1998 when the company was sold to HealthPlan Services. At NPPN, Richard was responsible for virtually all original and subsequent large payer sales. Between 1992 and 1993, Richard was with Medical Administrators, a full-service insurance agency and TPA, which handled small group and individual insurance sales as well as Self-Insured Employers.

Richard’s tactical and leadership roles have allowed him to develop deep experience and tenured market knowledge related to healthcare payer sales and strategies. This knowledge and firsthand experience drive Leverage Health to provide healthcare payers with innovative solutions that optimize efficiencies and generate revenue.

Joshua Riff, MD, MBA

CEO, Onduo

Joshua Riff is a healthcare innovator with a passion for driving consumer centered solutions.

Currently, Josh serves as the CEO of the newly formed precision care company building virtual diabetes clinics, Onduo. Onduo is a Sanofi and Verily backed company that uses analytics and behavioral science to help people with diabetes live their best life. Onduo is focused on delivering better outcomes by combining software and hardware solutions with coaching services.

Prior to Onduo, Josh was the Senior Vice President of Prevention and Well being at Optum. Prior to that, Dr. Riff served as Chief Medical Director at Target, where he ran the health plan for Target team members and provided medical oversight to their clinics and pharmacies. He completed his M.D. and M.B.A. at Tufts University in conjunction with Brandeis University in Boston, Mass. After medical school he completed his residency in Emergency Medicine at Johns Hopkins Hospital. He spent ten years practicing medicine as an emergency room physician. When not working he can be found with family, his dog, or participating in endurance events.