Terms of Use

of The Villager Network Inc.

1. INTRODUCTION

These Terms of Use (the “Terms”) apply to your use of the website, mobile applications, and any other services provided under a separate subscription agreement (collectively, the “Services”), provided by The Villager Network Inc. (“The Villager Network,” “we,” “us,” or “our”), whether for yourself or on behalf of a business. By using the Services, you agree to be bound by these Terms. To the extent these Terms conflict with any part of a separate subscriber agreement between you and The Villager Network, the subscriber agreement will control. These Terms incorporate the The Villager Network privacy policy, which can be found here (the “Privacy Policy”).

2. YOUR ACCOUNT

To access the full array of Services, you will need to create an account. That account may be created directly by you, or may be created by an administrator on your behalf. In either event, you recognize the importance of keeping your account password confidential, and agree that you are responsible for activity that happens on or through your account. If you suspect any unauthorized use of your account please contact us at info@villagers.health. Access to the Services and registration for an account is only permitted to individuals age eighteen or older, or business entities. By accessing the Services and registering for an account you affirm that you meet these eligibility criteria.

We agree that any information you provide to The Villager Network (or that you direct or authorize to be transferred to The Villager Network) in connection with either the creation of your Account or your subsequent use of the Services will be stored, used and shared by The Villager Network only as permitted and described in our Privacy Policy. By creating and using an Account, you are certifying to us that you have read and understood the Privacy Policy and that you authorize us to use and disclose your information as described in the Privacy Policy.

We contract with and offer the Sites and the Services to allow patients and the medical practice, our affiliated or partnered primary care practices (collectively the “Practices”), to connect and set up consultations with the Practices' healthcare providers (the “Providers”). 

We provide administrative services to the Practices, which are independently owned by licensed nurse practitioner, not The Villager Network. We do not employ or in any way supervise or control the Providers providing care to you. We do not engage in the practice of medicine or provide medical advice or care. The content of the Sites and the Services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by us. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. 

The Practices’ Providers deliver clinical services to you. Providers are independently contracted or employed by the Practices and may use the Sites as a way to coordinate access for you. We are not responsible for the quality and appropriateness of the care the Providers render to you. You are ultimately responsible for choosing your particular Provider, and the doctor-patient relationship is between you and the Provider you ultimately select. Your interactions with the Providers are not intended to replace your relationship with your other health care practitioners or primary care physician. Neither us, nor any of our subsidiaries or affiliates or any third party who may promote the Sites or the Services, shall be liable for any professional advice obtained from a Provider, or any information obtained on the Sites.

When creating an Account you will provide personal information about yourself, including personal health information, which then will be stored on The Villager Network servers. Where the Services are used at healthcare organizations where you receive healthcare, the Services will allow you to direct that data and information held at those organizations be transferred via the Internet to The Villager Network servers so that you can use and perhaps further distribute that information when using the Services.

Your use of the Services is voluntary and the ability to transfer data and information is offered for your convenience to make the Services a more useful and effective mechanism to access, manage, organize, store and distribute your health information as you deem appropriate.

3. CONTENT 

“INTELLECTUAL PROPERTY” means any and all intellectual property and tangible embodiments thereof, including without limitation inventions, discoveries, designs, specifications, developments, methods, modifications, improvements, processes, know-how, techniques, algorithms, databases, computer software and code, mask works, formulae, techniques, graphics or images, text, audio or visual works, materials that document design or design processes, or that document research or testing, schematics, diagrams, product specifications.

“INTELLECTUAL PROPERTY RIGHTS” means all rights in and to Intellectual Property, whether in copyright, trademark, patent, trade secret, or otherwise.

“AGGREGATED DATA” means that usage data aggregated and anonymized by the Company and the Services.

In your use of the Services you may upload content to your account. Ownership of intellectual property rights in that content will remain yours. With regard to that content, you agree that by uploading through the Services you grant The Villager Network and those we work with a worldwide license to use, host, store, reproduce, modify, create derivative works of, communicate, publish, publicly perform, publicly display and distribute such content. This license is granted for the sole purpose of operating, promoting, and improving the Services, and developing new ones. The Company will own all Intellectual Property Rights in and to the Aggregated Data.

4. MOBILE APPS

Where the Services require or permit download of a mobile application (an “App”), we give you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the App as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services in accord with these Terms. You agree not to copy, modify, distribute, sell, or lease any part of the Services or any App, nor to reverse engineer or attempt to extract the source code of any App, unless laws prohibit those restrictions or you have our written permission.

5. MODIFYING OR TERMINATING SERVICES

You understand and agree that the Services are still in development and that they are being provided as part of an initial beta test of users (the “Beta Test”). As such, we will continue to update and change the Services, by both adding and removing features, functionalities, and services. We reserve the right to make these changes, or terminate the Services altogether, at any time. You may also terminate your use of the Services at any time. If we decide to terminate a Service, as much as possible we will provide you with advance notice and an opportunity to archive data, however, in light of the Beta Test, we do not guarantee any such ability to archive or otherwise recover data. While we will do our best to work with you to archive data in the event you terminate Services, we cannot guarantee the availability of any data after you terminate Services or request deletion of an account.

6. FEEDBACK

In consideration of your access to and use of the Services, and as part of the Beta Test, you agree to provide us with feedback on the Services, or potential future Services, to the extent you are able to  (the “Feedback”).

7. YOUR RESPONSIBILITIES

In making use of the Services, you agree not to:

  • Share your username or password information;

  • Post or distribute content that contains any viruses, malware, worms, Trojan horses, malicious code, or other device that could harm our technical infrastructure or system or that of other users; 

  • Engage in automated uses of the site that are abusive or disruptive of the Services and have not been approved by us; 

  • Disrupt the Services by placing an undue burden on a website or the networks or servers connected with the Services;

  • Disrupt the Services by inundating any of the websites or Apps with communications or other traffic that suggests no serious intent to use the Services for their stated purpose; 

  • Knowingly access, tamper with, or use any of our non-public areas in our computer systems without authorization; 

  • Probe, scan, or test the vulnerability of any of our technical systems or networks;

  • Infringe copyrights, trademarks, patents, or other proprietary rights of others;

  • Attempt to impersonate another user or individual, misrepresent your affiliation with any individual or entity, or use the username of another user with the intent to deceive;

  • Infringe the privacy rights of others or solicit personally identifying information for the purposes of harassment, exploitation, violation of privacy, or any promotional or commercial purpose not explicitly approved by The Villager Network;

  • Transmit chain, junk mail, or spam to others;

  • Engage in harassment, threats, stalking, spamming, or vandalism; 

  • Intentionally or knowingly post content that constitutes libel or defamation;

  • Post content that is false or inaccurate with the intent to deceive; or

  • Otherwise use the Services in a manner inconsistent with applicable law.

8. CONFIDENTIALITY

In addition to all such other responsibilities as set forth herein, you further agree:

  1. By virtue of this Agreement, you may have access to information about The Villager Network or the Services that The Villager Network considers confidential, including by way of example and not limitation, information relating to the research, development, products, Feedback, Services, or potential future Services, their terms and pricing, and all information clearly identified as confidential at the time of disclosure (“Confidential Information”). We agree to disclose only information that is required for the Services or Feedback. 

  2. Our Confidential Information will not include information that: (i) is or becomes a part of the public domain through no act or omission of yours; (ii) was in your lawful possession prior to the disclosure and had not been obtained by you either directly or indirectly from us; (iii) is lawfully disclosed to you by a third-party without restriction on the disclosure; or (iv) is independently developed by you.

  3. You agree to hold our information in confidence and agree to disclose Confidential Information only to those employees or agents who are required to protect it against unauthorized disclosure in a manner no less protective than under these Terms, and otherwise to maintain Confidential Information in accordance with reasonable business practices. Nothing will prevent you from disclosing these Terms in any legal proceeding arising from or in connection with them or from disclosing the Confidential Information to a governmental entity as required by law.

9. WARRANTIES AND DISCLAIMERS

Other than as expressly set out in these Terms, neither we nor our agents, assigns, or third-party contractors and vendors make any specific promises about the Services, or any commitments about the content within the Services, the specific functions of the Services, or their reliability, availability, or ability to meet your needs. We provide the Services “AS IS” without warranty of any kind. The Villager Network specifically disclaims all express and implied warranties, including warranties of merchantability or fitness for a particular purpose. You further recognize and acknowledge that the Services are being provided as part of the Beta Test, and that it is both possible and likely that you will encounter bugs and glitches, and that some or all of the Services may be inoperable or unavailable at any given time.

BETWEEN The Villager Network SERVERS AND ANY HEALTHCARE ORGANIZATION OR OTHER PERSON OR ORGANIZATION THAT IS INITIATED OR AUTHORIZED THROUGH YOUR SERVICE ACCOUNT (WHETHER BY YOU OR ANYONE ELSE AS LONG AS YOUR SERVICE ACCOUNT USERNAME AND PASSWORD WERE USED), YOU AGREE THAT YOU FOREVER WAIVE ALL CLAIMS AND ACTIONS OF ANY KIND AGAINST THE PERSON OR ORGANIZATION FROM WHICH SUCH TRANSFER IS MADE IF SUCH CLAIM OR ACTION RELIES OR DEPENDS ON AN ASSERTION THAT THE TRANSFER WAS NOT AUTHORIZED BY YOU OR THAT THE TRANSFER VIOLATED ANY LAW OR REGULATION PERTAINING TO THE PROTECTION AND PRIVACY OF THE DATA OR INFORMATION THAT WAS TRANSFERRED. You further agree that people and organizations from which such transfers are made are intended third-party beneficiaries of this agreement entitled to enforce this waiver of claims.

With regard to any transfer of data or information to or from The Villager Network Servers over the Internet, you acknowledge that although The Villager Network uses data integrity and secure Internet connection technology that are generally regarded to be reliable, no system can perfectly guard against risks of intentional intrusion or inadvertent disclosure of information. When using the features of the Services that involve the transfer of data and information over the Internet, such data and information will be transmitted over a medium that is beyond the control of The Villager Network, its contractors and agents. YOU HEREBY EXPRESSLY ASSUME THE SOLE RISK OF ANY UNAUTHORIZED DISCLOSURE OR INTENTIONAL INTRUSION, OR OF ANY DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY SUCH OCCURRENCE THAT MIGHT RESULT FROM VIRUSES, MALWARE, SPYWARE OR OTHER MALICIOUS SOFTWARE WHETHER SUCH MALICIOUS SOFTWARE RESIDES ON YOUR COMPUTER OR ON The Villager Network SERVERS.

Some jurisdictions provide for certain warranties, such as the implied warranty of merchantability, fitness for a particular purpose, and non-infringement. To the extent permitted by law, we exclude all warranties of any kind.

10. LIMITATIONS OF LIABILITIES

You agree to waive, release, and hold The Villager Network (plus our agents and assigns) harmless from any and all liability or every type except liability arising out of our gross negligence or willful misconduct. In any event, to the maximum extent permitted by law, you agree that we will not be liable for any direct, special, incidental, indirect, punitive, consequential or other damages arising out of your use of the Services, and that to the extent permitted by law, our total liability for any claims arising under these Terms will be limited to the amount paid for the Services. In any event, all damages will be limited to actual damages that are reasonably foreseeable.

11. BUSINESS USE

If the Services are being used on behalf of a business, that business agrees to these Terms, and you warrant that you have the power to bind the business to these Terms, including the limitation of liability above.

12. CHANGES

We reserve the right to change or modify these Terms at any time and any changes will be effective upon being posted unless we advise otherwise. If we make any material changes to these Terms we will notify you by email (sent to the email address specified when you register) and/or by means of a notice on the The Villager Network website prior to the change becoming effective. We encourage you to periodically review the The Villager Network website for the latest Terms.

13. BOILERPLATE

The invalidity, illegality or unenforceability of any provision of these Terms will in no way affect the validity, legality or enforceability of any other provision.

These Terms will be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns, subject to the limitations set forth herein.

Any waiver of compliance with these Terms must be in writing, and waiver in one instance will not be deemed a waiver in any future instance.

These Terms and actions taken thereunder will be governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts, applied without regard to conflict of law principles, and the Courts of the Commonwealth of Massachusetts will have exclusive jurisdiction over any claim arising under these Terms.

14. CONTACT

Reach out to us with any questions, concerns, or comments at info@villagers.health

The Villager Network Inc.