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TERMS OF USE

Medical Disclaimer: In the event of a medical emergency, please call 911. Our
Digital Service is not designed to facilitate medical emergencies. No
information on this Digital Service should be used as personal medical advice,
diagnosis or treatment. Because each person’s health needs are different, a
healthcare provider should be consulted before acting on any information
provided in this Digital Service.

 

For Care Management Application Use: Your care team closely reviews your
symptoms during business hours M-F from 8am-5pm CST and on Saturday & Sunday
until noon CST. If you are experiencing symptoms that need immediate medical
attention, please contact your primary care provider’s office, or follow the
directions above in the event of an emergency.

 

Effective Date: October 15, 2019

Revised: August 14, 2020

 

Welcome! You have arrived at a website or application (collectively, a “Digital
Service”) location which is owned and operated by Village Practice Management
Company, LLC (“VillageMD” or “We”). VillageMD is comprised of various entities
that provide healthcare and related services to individuals throughout the
United States of America. The following entities make up the VillageMD family:

 

 * Village Medical Primary Care Clinics*
 * Village Medical at Walgreens
 * Village Medical at Home
 * Village Medical Pharmacy
 * Village Medical Physical Therapy

 

This Terms of Use governs your access to and use of the Digital Service,
including any content, functionality and services offered on or through the
Digital Service. Please read these Terms of Use carefully before accessing or
using the Digital Service, so that you fully understand your rights and
responsibilities.

 

How do I accept the Terms of Use?

By using the Digital Service, you accept and agree to abide by these Terms of
Use and our Privacy Policy, found here. If you do not want to agree to these
Terms of Use or the Privacy Policy, please exit the Digital Service immediately.

 

The Digital Service is offered and available to users who are thirteen (13)
years of age or older. By using the Digital Service, you represent and warrant
that you are of legal age to form a binding contract with VillageMD. If you are
not thirteen (13) years of age or older, please exit the Digital Service
immediately.


Do these Terms of Use change?

We may revise and update these Terms of Use from time to time, in our sole
discretion. All changes are effective immediately when we post them. Material
changes will be posted conspicuously on the Digital Service. Your continued use
of the Digital Service following the posting of the revised Terms of Use means
that you accept and agree to the changes. You are expected to check this page
from time to time so you are aware of any changes.

 

Will I be able to receive medical advice through this Digital Service?

No. The Digital Service and its content is not considered medical advice and
should not be relied on as your primary source for health or medical
information. The information contained in the Digital Service is presented for
the purpose of educating you on various health and wellness topics and providing
general information on VillageMD and the services we provide. This Digital
Service does not and is not intended to cover all diseases, ailments, physical
conditions, or their treatment options. This Digital Service provides
generalized information and not individual medical diagnosis or treatment
recommendations. Contact your physician or other qualified healthcare provider
for advice if you have personal or individual questions about a disease,
treatment or new health and wellness program. In case of an emergency, contact
your local emergency services immediately as the Digital Service is not
monitored at all times.

 

Certain information contained in the Digital Service is compiled from a variety
of independent third-party sources. We make no guarantee whatsoever that the
information contained in the Digital Service is accurate or up to date. The
creators, designers and maintainers of the Digital Service do not directly or
indirectly practice medicine or dispense medical services through this Digital
Service.

 

How accurate is the information on this Digital Service?

You are responsible for the accuracy of information that you submit to us via
the Digital Service. We have no obligation nor do we accept any liability for
information that is not accurate.

 

Although VillageMD attempts to ensure the integrity and accuracy of the content
on the Digital Service, it cannot and does not guarantee the correctness or
accuracy of such content. It is possible that the Digital Service and its
content could include inaccuracies or errors, or not contain the most up-to-date
information, and third parties could make unauthorized additions, deletions, and
alterations to the Digital Service. Please inform VillageMD  in the event you
become aware of an inaccuracy so that it can be corrected.

 

VillageMD does not warrant the accuracy, completeness, or usefulness of the
content. Any reliance you place on such content is strictly at your own risk.
All content is provided “as is,” with no warranty or representation from
VillageMD at all. We disclaim all liability and responsibility arising from any
reliance placed on such materials by you or any other visitor to the Digital
Service, or by anyone who may be informed of any of its contents.

 

The Digital Service may include content provided by third parties, including
materials provided by other users, bloggers and third-party licensors,
syndicators, aggregators and/or reporting services. All statements and/or
opinions expressed in these materials, and all articles and responses to
questions and other content, other than the content provided by VillageMD, are
solely the opinions and the responsibility of the person or entity providing
those materials. These materials do not necessarily reflect the opinion of
VillageMD. We are not responsible, or liable to you or any third party, for the
content or accuracy of any materials provided by any third parties.

 

Accessing The Digital Service and Account Security

The owner of the Digital Service is based in the State of Illinois in the United
States of America. We provide the Digital Service for use only by persons
located in the United States of America. We make no claim that the Digital
Service or any of its content is accessible or appropriate outside the
continental United States of America. If you access the Digital Service from
outside the United States of America, you do so on your own initiative and are
responsible for compliance with local laws.


If I am a patient of VillageMD, can I access my information through the Digital
Service?

The athena Patient Portal is operated and maintained by athena and is for
registered VillageMD patients and is separate and apart from the Digital
Service. VillageMD does not maintain the athena Patient Portal. VillageMD
patients may access the athena Patient Portal here.  

 

If you are a VillageMD patient and would like access to the athena Patient
Portal to better manage your healthcare, please contact your practice. Specific
practice contact information may be found here. The tools available in the
athena Patient Portal are for your information and personal use only, and the
accuracy of such tools cannot be guaranteed. You are solely responsible for the
accuracy of any information you provide to us via the athena Patient Portal.


If you are a registered participant in the athena Patient Portal, you may make
credit card payments via the athena Patient Portal for services provided by
VillageMD. Charges to you for services provided by VillageMD are subject to the
limitations of your individual insurance coverage. Please always check with your
insurance carrier regarding benefit coverage. Additional information about use
of credit cards via the Digital Service is set forth below.


Information gathered and maintained via the athena Patient Portal is personally
identifiable and protected health information. You may see how we collect, use
and maintain your information via the VillageMD Privacy Policy and, if you are a
patient, the VillageMD Notice of Privacy Practices.

 

Does VillageMD have control over my password for private-access portions of the
Digital Service?

No. Carefully choose, use, and save your passwords for any private-access
portion of the Digital Service, such as the athena Patient Portal or the online
employment application portal. We have no control over use of passwords and
cannot tell whether someone else is accessing the Digital Service under your
password. As a result, you are solely responsible for any use of your password
or other login information by you or any third party, and we have no
responsibility or liability for any such use.

 

From time to time, we may restrict access to some parts of the Digital Service,
or the entire Digital Service, to users, including registered users. We may do
this for security reasons, updates, or general maintenance of the Digital
Service. We have the right to disable any username, password, or other
identifier at any time if, in VillageMD’s opinion, you have violated any
provision of these Terms of Use. If for any reason all or any part of the
Digital Service is unavailable for any time period, we are not liable.

 

Are there classes and events users can sign up for?

Where offered, you may sign up for email notification for classes and events.
You may also register online for available classes and events. Any payments for
classes and events may be made online using a credit or other payment card.
Additional information on credit or other card payments is set forth below. If
you sign up for email notification or otherwise register for a class or event,
we will use the information you provide us as set forth in the VillageMD Privacy
Policy .

 

What about paying for medical or other healthcare services?

As a patient of VillageMD, you may also submit credit card information for
payment of medical or other healthcare services provided by a VillageMD facility
by accessing your account via the athena Patient Portal. 

 

You must submit the necessary card information before your payment or order will
be processed. If the card information you submit is incorrect or invalid, your
payment or order will not be processed. Make sure to check with your financial
institution to ensure your card is approved for this type of use. Payment is
subject to the approval of the financial institution issuing the card. We assume
no responsibility or liability if the financial institution refuses to accept or
honor your card for any reason

 

Can I apply online for a job at VillageMD?

Yes. VillageMD accepts applications for employment online. You may register to
submit your application or resume online, subject to additional terms and
conditions applicable to such online employment application process. Submitting
your resume or online application for an open position does not guarantee or
entitle you to any job or consideration for any particular position.

 

Does VillageMD have a Privacy Policy?

Yes. The use of the Digital Service is also governed by the terms of the
VillageMD Privacy Policy which are incorporated into these Terms of Use by this
reference. Any protected health information collected on the Digital Service
will be used and disclosed only in accordance with VillageMD’s Notice of Privacy
Practices. By using the Digital Service, you consent to all actions taken by us
with respect to your information in compliance with the Privacy Policy.

 

Are there any restrictions on what I can do with the Digital Service?

You may only use the Digital Service for lawful purposes and in accordance with
these Terms of Use. You agree not to use the Digital Service:

 * In any way that violates any applicable federal, state, local or
   international law or regulation.
 * For the purpose of exploiting, harming, or attempting to exploit or harm
   minors in any way.
 * To send, knowingly receive, upload, download, use or re-use any material that
   does not comply with this Terms of Use.
 * To transmit, or procure the sending of, any advertising or promotional
   material, including any “junk mail,” “chain letter,” “spam” or any other
   similar solicitation.
 * To impersonate or attempt to impersonate VillageMD, a VillageMD employee,
   another user or any other person or entity (including, without limitation, by
   using email addresses associated with any of the foregoing).
 * To engage in any other conduct that restricts or inhibits anyone’s use or
   enjoyment of the Digital Service, or which, as determined by us, may harm
   VillageMD or users of the Digital Service, or expose them to liability. This
   includes using any device, software or routine that interferes with the
   proper working of the Digital Service; introducing any malicious or
   technologically harmful material; attempting to gain authorized access to,
   interfere with, damage or disrupt any parts of the Digital Service, the
   server on which the Digital Service is stored or any server, computer or
   database connected to the Digital Service; or any other attempt to interfere
   with the proper working of the Digital Service.

 

Any rights that are not expressly granted by these Terms of Use or any
applicable end user license agreements are reserved by VillageMD.

 

Intellectual Property Rights

The Digital Service and its entire contents, feature, and functionality are
owned by VillageMD, its affiliates, its licensors or other providers of such
material, and is protected by the United States and international copyright,
trademark, patent, trade secret and other intellectual property or proprietary
rights laws.

 

Any unauthorized use of any trade dress, marks or any other intellectual
property belonging to VillageMD or any third party is strictly prohibited and
may be prosecuted to the fullest extent of the law.

 

These Terms of Use permit you to use the Digital Service for your personal,
non-commercial use only. You must not reproduce, distribute, modify, create
derivative works of, publicly display, publicly perform, republish, download,
store or transmit any of the material on our Digital Service, except as follows:

 * Your computer may temporarily store copies of such materials in RAM
   incidental to your accessing and viewing those materials.
 * You may store files that are automatically cached by your Web browser for
   display enhancement purposes.
 * You may print or download one copy of a reasonable number of pages of the
   Digital Service for your own personal, non-commercial use and not for further
   reproduction, publication or distribution.
 * If we provide desktop, mobile or other applications for download, you may
   download a single copy to your computer or mobile device solely for your own
   personal, non-commercial use, provided you agree to be bound by our end user
   license agreement for such applications.
 * If we provide social media
   features on Facebook, LinkedIn, Twitter or, Instagram, with certain content,
   you may take such actions as are enabled by such features.

 

You must not:

 * Modify copies of any materials from this site.
 * Use any illustrations, photographs, video or audio sequences, or any graphics
   separately from the accompanying text.
 * Delete or alter any copyright, trademark or other proprietary rights notices
   from copies of materials from this site.

 

You must not access or use for any commercial purposes any part of the Digital
Service or any services or materials available through the Digital Service.

 

If you print, copy, modify, download or otherwise use or provide any other
person with access to any part of the Digital Service in breach of the Terms of
Use, your right to use the Digital Service will stop immediately and you must,
at our option, return or destroy any copies of the materials you have made. No
right, title or interest in or to the Digital Service or any content on the
Digital Service is transferred to you, and all rights not expressly granted are
reserved by VillageMD. Any use of the Digital Service not expressly permitted by
these Terms of Use is a breach of these Terms of Use and may violate copyright,
trademark and other laws.

 

Trademarks

The name VillageMD, VillageMD’s logo and all related names, logos, product and
service names, designs and slogans are trademarks of VillageMD or its affiliates
or licensors. You must not use such marks without prior written permission of
VillageMD. All other names, logos, product and service names, designs and
slogans on this Digital Service are trademarks of their respective owners.

 

Third-party vendors

VillageMD has business relationships and affiliations with third-party vendors
that deliver certain services and content. The use and collection of information
by these third-party vendors is governed by their respective privacy statements
and is not covered by these Terms of Use or the VillageMD Privacy Policy. To
protect your information, we encourage you to learn about the privacy policies
of those third parties.

 

Third-party vendors that VillageMD has a current business relationship with
include the entities listed:

 * Google Analytics. We use Google Analytics for tracking queries submitted to
   their search engines. We also use Google’s DoubleClick technology for
   tracking our advertisements, enabling “tell-a-friend” social media
   functionality and providing us with the contact information of users who
   submit a request for additional information about our services via
   click-through advertisements. View Google’s privacy policy.
 * Cision. VillageMD obtains contact details and other personal information
   regarding media contacts and influencers from a variety of sources, including
   Cision. If you wish to know more about how such information is collected and
   used, please refer to Cision’s privacy notice.

 

This list may be updated and modified from time to time by VillageMD, at its
sole and absolute discretion.

 

If the Digital Service contains links to other sites and resources provided by
third parties, these links are provided for your convenience only, and VillageMD
has no control whatsoever over the operation of the links and/or the content
provided in the links. This includes links contained in advertisements,
including banner advertisements and sponsored links. We have no control over the
contents of those sites or resources, and accept no responsibility for them or
for any loss or damage that may arise from your use of them. If you decide to
access any of the third-party Digital Services linked to this Digital Service,
you do so entirely at your own risk and subject to the terms and conditions of
use for such Digital Services.

 

Disclaimer of Warranties

VILLAGEMD CANNOT AND DOES NOT WARRANT AGAINST HUMAN AND MACHINE ERRORS,
OMISSIONS, DELAYS, INTERRUPTIONS OR LOSSES, INCLUDING LOSS OF DATA. VILLAGEMD
CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT THE DIGITAL SERVICE WILL BE FREE
OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER MALICIOUS CODE. VILLAGEMD
DOES NOT WARRANT OR GUARANTEE THAT THE FUNCTIONS OR SERVICES PERFORMED IN THE
DIGITAL SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE
DIGITAL SERVICE WILL BE CORRECTED.


THE DIGITAL SERVICE, INCLUDING ALL CONTENT AND INFORMATION IS PROVIDED “AS IS”
WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, AND DISCLAIMS ALL SUCH WARRANTIES INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, AND NONINFRINGEMENT AND ALL WARRANTIES ARISING FROM A COURSE OF
DEALING OR USAGE IN TRADE.

 

VILLAGEMD MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE
OBTAINED FROM USE OF THE DIGITAL SERVICE, OR USE OF MATERIAL, INFORMATION OR
DATA DOWNLOADED OR OTHERWISE OBTAINED FROM THE DIGITAL SERVICE, OR REGARDING THE
ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE DIGITAL SERVICE.
VILLAGEMD DOES NOT HAVE ANY RESPONSIBILITY FOR THE TIMELINESS, DELETION,
MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATION.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR ACCESS OR USE OF THE INTERNET
AND THE DIGITAL SERVICE. You acknowledge and agree: (1) that your use of the
Digital Service and any material, information or data downloaded or otherwise
obtained through the use of the Digital Service is at your own discretion and
risk; and (2) that you are solely responsible for any damage to your computer
system for loss of data that results from the download of such material,
information or data, and for any other form of damage that may be incurred.

 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED
UNDER APPLICABLE LAW.

 

Limitation on liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL VILLAGEMD, ITS
AFFILIATES OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR
DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT
OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE DIGITAL SERVICE, ANY
WEBSITES LINKED TO IT, ANY CONTENT ON THE DIGITAL SERVICE OR SUCH OTHER
WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND
SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF
BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL OR LOSS OF DATA,
AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR
OTHERWISE, EVEN IF FORESEEABLE.

 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED
UNDER APPLICABLE LAW.

 

Indemnification

You agree to indemnify, defend and hold harmless VillageMD, its affiliates and
their respective officers, directors, employees and agents from and against any
claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees
(including reasonable attorneys’ fees) arising out of or relating to your
violation of these Terms of Use or your use of the Digital Service.

 

What happens if there is a dispute between me and VillageMD over these Terms of
Use?

The Digital Service Terms of Use is a binding agreement between you and
VillageMD, entered into in the State of Illinois, and governed by and
interpreted in accordance with the laws of the State of Illinois, exclusive of
its choice of law rules. Each party to these Terms of Use hereby submits to the
exclusive jurisdiction of the state and federal courts sitting in the County of
Cook in the State of Illinois, and waives any jurisdictional, venue or
inconvenient-forum objections to such courts.


Any legal issue you have regarding the Digital Service must be commenced within
one year after the legal issue arises or the claim or cause of action is barred.
In any action to enforce these Terms of Use, VillageMD will be entitled to all
costs and attorney fees it incurs.


The Digital Service is not targeted to users in any particular locality, nor is
it intended to constitute the doing of business in any jurisdiction, nor to be a
solicitation of business anywhere on behalf of VillageMD or any of its
affiliated entities, nor to constitute any contacts with any jurisdiction
outside the State of Illinois.

 

Notice may be given to you as a user of this site by posting information to this
site. Notice may be given to VillageMD only by delivery
to contact@villagemedical.com.  

 

Is this information all I need to know?

The material included in the Digital Service Terms of Use, along with the
VillageMD Privacy Policy, constitutes the entire agreement between VillageMD and
you regarding the Digital Service.

 

No waiver by VillageMD of any term or condition in this Terms of Use will
constitute a further or continuing waiver of such term or condition or waiver of
any other term or condition. Any failure of VillageMD to assert a right or
provision under these Terms of Use will not constitute a waiver of such right or
provision.

 

If a court deems any provision of this Agreement unenforceable or invalid, then
the court will modify such provision to the minimum extent necessary to make
such provision enforceable and valid. Should such modification prove impossible
or impracticable, then the provision will be severed, and the remaining terms of
this Agreement interpreted and read to give them maximum enforceability.

 

The Digital Service is owned and operated by Village Practice Management
Company, LLC.

All other feedback, comments, requests for technical support and other
communications relating to the Digital Service should be directed
to contact@villagemedical.com.  

 

For more information about our Village Medical Primary Care Clinic locations,
please visit https://www.villagemedical.com/locations

 


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