Last updated: 04.11.2025
Village Terms of Service
These Terms of Service ("Terms of Service" or “Terms”) are a legal contract between you and MyVillage, Inc. (“us”, “we”, “our, or “Village”). Village is the creator of the Village website located at https://www.myvillage.co/ (the ”Website”) and the Village Platform (the “Platform”). The Village Website and Platform including all relevant content, products, services, and functionality associated with the Website and Platform and any other affiliated software or application owned by Village, are collectively referred to as the “Services.” In this Agreement, the terms “you” and “yours” refer to the person using the Services. These Terms govern your use of the Services and by accepting these Terms and accessing or using the Services, you acknowledge that you have read, understand, and agree to these Terms and the Village Privacy Policy. Any capitalized terms not defined in these Terms are defined in the Village Privacy Policy.
IF YOU ARE HAVING A MEDICAL EMERGENCY, OR have or suspect that you have an urgent medical problem or condition CALL 911 IMMEDIATELY. VILLAGE DOES NOT PROVIDE EMERGENCY MEDICAL CARE.
You may access and use the Services only in accordance with these Terms, and you agree to comply with all applicable laws, rules, and regulations, including any other policies incorporated into these Terms, such as the Village Privacy Policy. With the exception of the Arbitration Agreement (see “Dispute Resolution” section) included near the end of these Terms, Village reserves the right to change or modify these Terms at any time without prior notice to you. If we materially change or modify these Terms, we will let you know by (1) posting a new version of the Terms to the Website and Platform; and/or (2) posting a change notice on our Platform.
If you continue to use the Services after we have informed you of the changes, you agree to be bound by the modified Terms. If you do not accept the changes, you should immediately stop using the Services and delete all files associated with the Services on your device(s).
Services Overview
Village provides a connected healthcare platform that enables pediatric care coordination through: (1) HIPAA-compliant care team collaboration tools for messaging, file sharing, and care planning; (2) a provider marketplace connecting families with specialists; (3) practice management software for scheduling, documentation, and payment processing; (4) insurance credentialing, billing, and claims management services; (5) access to a professional community of healthcare providers; and (6) security and compliance features including patient-driven consent management and audit logs. The specific services available to you will depend on your subscription tier (if relevant) and role within the platform as detailed in our Pricing and Plans documentation.
The Services are designed to provide individuals who access or register as users of the Services (“Users”) with a technology platform that enables families to access an affiliate network of expert multispecialty providers and to work together to share information and coordinate care. Village works with independent affiliated professionals, including but not limited to licensed healthcare providers (collectively, “Professionals”) to facilitate access to multispecialty pediatric care. Village provides non-clinical administrative and operational services to, and facilitates your connection and communication with, Professionals via interactive real-time audio video technology as well as asynchronous communication methods, where legally permitted and appropriate.
FOR PATIENT USERS ONLY: Important information regarding HEALTHCARE services. PLEASE READ.
Village is not a HEALTHCARE Provider. Village IS a technology company that provides access to PROFESSIONAL SERVICES DELIVERED BY THIRD PARTY Providers, pharmacies, and labs (“Providers”), at the request of its customers. Village DOES NOT PROVIDE MEDICAL ADVICE, CLINICAL CONSULTATIONS, DIAGNOSIS, OR TREATMENT. Village has no ownership interest in Providers, does not have control over the clinical decision-making of the Providers, and is not responsible for the quality of care provided by the Providers. YOU SHOULD NOT DELAY TREATMENT OR IGNORE ADVICE FROM YOUR DOCTOR OR OTHER HEALTHCARE PROVIDER BASED ON INFORMATION PROVIDED BY VILLAGE. VILLAGE HEREBY DISCLAIMS ANY LIABILITY FOR ANY HEALTHCARE SERVICES PROVIDED BY ANY PROVIDER OR PROFESSIONAL.
By accepting these Terms, you agree and acknowledge that we do not provide clinical or medical services, laboratory services, pharmacy services, or other professional medical services. Our role is limited to supporting and facilitating your access to these Providers via the Services.
YOU AGREE AND ACKNOWLEDGE THAT VILLAGE IS IN NO WAY PROVIDING DIAGNOSIS OR TREATMENT TO YOU. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE INFORMATION, PROCESSES, PRODUCTS, AND OTHER ITEMS REFERENCED AS PART OF THE SERVICES ARE NOT INTENDED AS A RECOMMENDATION OR ENDORSEMENT OF ANY COURSE OF ACTION, INFORMATION, OR PRODUCT. WE EXPLICITLY DISCLAIM THE CREATION OF A PROVIDER-PATIENT RELATIONSHIP WITH YOU.
THE SERVICES CAN NOT AND ARE NOT DESIGNED, INTENDED, OR APPROPRIATE TO REPLACE THE RELATIONSHIP BETWEEN PROVIDERS AND PATIENTS OR TO ADDRESS SERIOUS, EMERGENT, OR LIFE-THREATENING MEDICAL CONDITIONS AND SHOULD NOT BE USED IN THOSE CIRCUMSTANCES.
If at any time you are concerned about your care or treatment, or you believe or suspect or someone else advises you that you have a serious or life-threatening condition, call 9-1-1 in areas where that service is available, or go to the nearest emergency room.
Any medical advice provided by a Professional using information from the Services is based on the Healthcare Information you provide. If you do not provide complete and accurate Healthcare Information, the medical advice you receive from Professionals may not be accurate or appropriate.
The Services and/or any data derived from the Services are in no way intended to replace the independent clinical judgment of a qualified healthcare professional.
We do not confirm the credentials of any Provider using the Services. We do not validate that any such persons are in good standing with their respective licensure board(s) or that they are using the Services in accordance with laws applicable to the practice of medicine. It is YOUR responsibility to separately confirm that a healthcare provider is in good standing with his or her respective licensing board(s) and to exercise whatever other due diligence You feel is appropriate in selecting and maintaining your choice of healthcare professionals.
General information available through the Services about medical conditions, symptomology, available drugs, treatment options, and other educational articles and videos is provided for general educational purposes only. Never disregard, avoid, or delay obtaining medical advice from a physician or other qualified healthcare professional because of something contained in the Services.
App Store & Google Play
Village may provide access to its Platform through a mobile application. If you downloaded our app (“Village App”) from the Apple App Store or Google Play (the “App Provider”), by agreeing to these Terms, you acknowledge that you understand and agree to the following:
The Terms are only between you and Village, and not between you and the App Provider. Only Village is responsible for the Village App (not the App Provider);
The App Provider has no obligation to furnish any maintenance or support services with respect to the Village App;
In the event of any failure of the Village App to conform to any applicable warranty: (i) you may notify the App Provider and the App Provider will refund the purchase price for the Village App to you (if applicable); (ii) to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the Village App, and (iii) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Village’s responsibility;
The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Village App or your possession and use of the Village App, including, but not limited to: (i) product liability claims; (ii) any claim that the Village App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation;
In the event of any third-party claim that the Village App or your possession and use of the Village App infringes that third party’s intellectual property rights, the App Provider will not be responsible for the investigation, defense, settlement, or discharge of any such intellectual property infringement claim; and
The App Provider, and its subsidiaries, are third-party beneficiaries of this Agreement as it relates to your license of the Village App. This means that, upon your acceptance of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the Village App against you.
You must comply with the terms of any third-party agreement applicable to you when using the Village App, such as your wireless data service agreement.
Apple users only: If You downloaded the Village App from the App Store, the license granted to You in these Terms is non-transferable and is for use of the Platform on any Apple products that You own or control.
Access to Service
You must register to create an account (“User Account”) to access any Services other than the Website. The registration process begins when you or a Professional enter your demographic information (e.g., name, email address, contact information) into the Platform or Website. To register, you must create an account by providing your email and password, and other information included to complete your profile in the onboarding flow and profile setup (“Registration Data”). You may change or correct information in your account by updating it in our applications or by contacting Village at support@myvillage.co. You agree not to register for a User Account on behalf of an individual other than yourself unless you are legally authorized to bind such person to these Terms. By registering another person, you hereby represent that you are legally authorized to do so.
By registering for an account and using the Services, you represent and warrant as follows:
You are at least 18 years old and are otherwise legally qualified to enter into and form contracts under applicable law
Your Registration Data is true, accurate, current, and complete
You will update Your Registration Data as needed to maintain its accuracy
You are authorized to create a User Account (either for yourself or another person)
You are legally authorized to view and share with us your Personal Information (as that term is defined in the Village Privacy Policy)
If you disclose Personal Information about a minor within your User Account, you are legally authorized to do so as that individual’s parent, guardian, or “personal representative”, as that term is defined by The Health Insurance Portability and Accountability Act of 1996 (HIPAA)
You acknowledge and agree to the terms of the Village Privacy Policy
You are not located in a country that is subject to a U.S. Government embargo or that is designated by the U.S. Government as a “terrorist supporting” country, and You are not listed on any U.S. Government list of prohibited or restricted parties.
Services Ownership and Use
Village owns the Services, including all content and functionality you access through the Services. Subject to your compliance with these Terms, Village grants you a non-exclusive, non-sublicensable, revocable, non-transferable license to use the Services.
THE SERVICES ARE FOR YOUR PERSONAL AND NON-COMMERCIAL USE ONLY AND YOU MAY NOT RESELL OR SUBLICENSE YOUR ACCESS TO THE SERVICES. You may not use the Services for any other purpose than what is allowed under these Terms without Village’s express written permission.
You may not use Village’s name, trademarks, service marks, or logos, or those of third parties appearing on the Services in any advertising or publicity or to otherwise indicate Village’s or such third party’s sponsorship or affiliation with any product or service without the express written permission from Village or such third party.
NOTE: THIS AGREEMENT IS VOID WHERE PROHIBITED BY LAW. DO NOT USE THE SERVICES WHERE PROHIBITED BY LAW. YOU UNDERSTAND THAT YOUR USE OF THE SERVICES MAY INVOLVE OR REQUIRE THE TRANSMISSION OF SIGNIFICANT AMOUNTS OF DATA. YOU ARE RESPONSIBLE FOR ALL DATA CHARGES THAT MAY BE CHARGED BY YOUR WIRELESS CARRIER OR INTERNET SERVICE PROVIDER OR THAT MAY OTHERWISE ARISE FROM YOUR USE OF THE SERVICES.
FOR PATIENT USERS ONLY: Telemedicine informed concent
Telehealth involves the delivery of healthcare services using electronic communications, information technology or other means between a healthcare provider and a patient who are not in the same physical location. While the provision of health care services using telehealth may offer certain potential benefits, there are also potential risks associated with the use of telehealth. Telehealth services are not a substitute for in-person health care in all cases. To use the Services, you will be required to review and agree (on behalf of your child) to an informed consent regarding the use of telehealth (the “Patient Consent”) that will be provided to you by the Professionals through the Platform. You agree that Village is a third-party beneficiary of the Patient Consent.
In some cases, the Services may not be the most appropriate way for you to provide information to, communicate with, or seek medical care and treatment from a healthcare provider. For example, certain medical conditions may require an in-person examination or procedure or a healthcare provider other than a Professional through the Platform, or your Professional may determine that your diagnosis and/or treatment requires an in-person office visit or are otherwise not appropriately addressed through use of the Services. In such a case, you may receive notification stating that you will be unable to use the Services for the particular issue you submitted and providing additional information regarding next steps.
Personal Information
You own your Personal Information and any other information you submit on or through the Services. If you enter someone else’s information into the Services, you represent and warrant that you have permission to do so. As a condition of using the Services, you grant to Village a perpetual, non-exclusive, fully paid and royalty-free, transferable, sublicensable, worldwide license to use your Personal Information for the purpose of providing the Services, subject to applicable law and the restrictions in the Village Privacy Policy. You agree to allow Village to de-identify and anonymize your Personal Information, including, without limitation, your Healthcare Information, in accordance with our Privacy Policy and applicable law, and to use or disclose such de-identified information for any purpose.
Restrictions on use
You may use the Services only for lawful purposes and in accordance with these Terms. In addition, we impose certain restrictions on your use of the Services. While using the Services, you shall not:
Provide false, misleading, or inaccurate information to us or any other user
Use the Services for any commercial purpose or in any manner not permitted by these Terms
mpersonate or attempt to impersonate us, one of our employees, another user, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing)
Use or attempt to use any manual process, engine, software, tool, agent, or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars, or intelligent agents) to harvest, monitor, or otherwise collect information from the Services for any use, including, without limitation, use on third-party websites, without our consent
Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Services, including their ability to use the Services
Access content or data not intended for you, or log onto a server or account that you are not authorized to access
Violate any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries)
Attempt to probe, scan, or test the vulnerability of the Services or any associated system or network, or breach security or authentication measures without proper authorization
Interfere or attempt to interfere with the use or functionality of the Services by any other user, host, or network, including, without limitation, by means of submitting a virus, trojan horse, worm, logic bomb, or other material, which is malicious or technologically harmful, overloading, "flooding," "spamming," "mail bombing," or "crashing"
Forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance, or distribution by means of, the Services
Post or transmit any unsolicited advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation
Post, upload, publish, submit, or transmit any content that: (i) infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading, or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances
Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by us, you, or any other third-party (including another user) to protect the Services
Attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Services. Any violation of this section may subject you to civil and/or criminal liability
Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm us or other users of the Services or expose them to liability, or otherwise interfere with or attempt to interfere with the proper working of the Services
Encourage or enable any other individual to do any of the above.
Village is not obligated to monitor your use of the Services, but we may do so to ensure your compliance with these Terms, and/or to respond to law enforcement or other government agencies if and when we are required to. Village reserves the right to suspend or terminate your use of the Services without notice to you if you partake in any of the prohibited uses described above.
Protecting your login information
The Services are designed to require users to create a username and password to access and use the Services. Your username and password are, collectively, Your “User Credentials.” You are solely responsible for (i) maintaining the strict confidentiality of your User Credentials, (ii) not allowing another person to use your User Credentials to access the Services, and (iii) any and all damages or losses that may be incurred or suffered as a result of any activities that occur under your User Credentials, regardless of whether you were aware of those activities. You agree to immediately notify Village in writing by email of any unauthorized use of your User Credentials or any other compromise of the security of your User Account.
WE WILL NOT BE LIABLE FOR ANY LOSS THAT YOU INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. WE ARE NOT AND SHALL NOT BE LIABLE FOR ANY HARM ARISING FROM OR RELATING TO THE THEFT OF YOUR USER CREDENTIALS AND/OR ANY RESULTING ACCESS TO YOUR PERSONAL INFORMATION, YOUR DISCLOSURE OF YOUR USER CREDENTIALS, OR THE USE OF YOUR USER CREDENTIALS BY ANOTHER PERSON OR ENTITY REGARDLESS OF WHETHER YOU WERE AWARE OF SUCH USE.
You may be held liable for any losses incurred by Village and/or its affiliates, officers, directors, and representatives due to someone else’s use of your User Account or password, regardless of whether you were aware of such use.
How we protect your privacy
Village values your privacy and is committed to keeping your Personal Information confidential. Please see the Village Privacy Policy for an explanation of our privacy practices, the information we collect from you, how we use that information, and your rights regarding your Personal Information. By accessing or using the Services, or by downloading, viewing, or uploading any content through the Services, you acknowledge and agree to the provisions of the Privacy Policy and affirm that the Privacy Policy is a part of these Terms.
By using the Services and accepting these Terms, you further acknowledge that Village may share your Personal Information with third parties, including your Provider, accordance with the Privacy Policy. We will seek your consent to share your Personal Information with third parties before doing so where required by law.
Unless specifically stated in the Village Privacy Policy, we do not control how third parties whom you share information collected, generated, or stored via the Services may further use and disclose such information. You expressly acknowledge and agree that Village is neither responsible for nor liable to you or any third party for the treatment of your Personal Information by any such individual or entity, including any collection, use, disclosure, storage, loss, theft, or misuse of your Personal Information, whether or not such treatment violates applicable law.
Electronic Communications
When you access or use the Services or send emails or text messages to us or to any Professional, you consent to receive communications from us and our Professionals electronically. We may communicate with you via email or via SMS text message. By choosing to use the Services, you are opting in to receive text (SMS) messages from us and our Professionals regarding the Services. These communications may contain Personal Information and may also contain promotional and marketing material. If you consent to receive marketing or other communications not related to your use of the Services, we will provide you with the option to opt out of such marketing communications within the applicable message.
You represent and understand that: (1) you are the owner or authorized user of the mobile device you used in order to initiate the SMS Enrollment, (2) you are authorized to approve any applicable charges in connection with the text messages you send to and receive from us or our Professionals, and (3) you will be responsible for all messaging and other data charges that may apply for any text messages sent between you and Village or our Professionals. WE DISCLAIM ANY LIABILITY FOR DELAYED OR UNDELIVERED MESSAGES.
We may send communications, including emails, to you regarding your use of the Services. You can choose to filter any emails using your email settings, but we do not provide an option for you to opt out of these communications. You can opt out of any of our SMS services at any time by texting “STOP” to the message received, from the mobile device that is subscribed to receive the SMS messages. After you send the text message “STOP” to us, we may send you one final text message to confirm that you have been unsubscribed. If you have opted in to receive more than one type of text message from us, you will need to opt-out of each SMS service to which you are subscribed. Until you have done so, you may continue to receive the types of text messages from us that you have opted-in to receive but have not unsubscribed from.
Third-Party Websites
In the course of using the Services, you may be introduced to areas or features of the Services that allow you to access websites that do not belong to and are not controlled by us (collectively, “Third-Party Sites”). If you choose to access one of these Third-Party Sites, you will leave our Services and be redirected to an environment owned and controlled by an external third party. You acknowledge and agree that the Third-Party Sites may have different privacy policies, Terms of Service, user guides, and/or business practices (collectively, “Third-Party Rules”) than us, and that your use of such Third-Party Sites is governed exclusively by the respective Third-Party Rules. We provide links to Third-Party Sites to you as a convenience, and we do not verify, make any representations, or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality, or completeness of the content, application, links displayed, and/or any other activities conducted on or through such Third-Party Sites.
YOU AGREE THAT WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, BUSINESS PRACTICES, INFORMATION, RESOURCES, APPLICATIONS, AND OTHER CONTENT (“Third Party Matters”) AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE THIRD PARTY MATTERS.
Any reference in the Services to any product, service, publication, institution, organization of any third-party entity, or individual does not constitute or imply our endorsement or recommendation.
Third-Party Services
To the extent any features, aspects, products, or services offered through the Services are provided, in whole or in part, by third parties (“Third-Party Services” as provided by “Third-Party Service Providers”), You may be subject to additional terms and conditions. To the extent applicable, you will receive a notification and can accept such terms and conditions. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THOSE ADDITIONAL TERMS AND CONDITIONS, DO NOT USE THE RELATED THIRD-PARTY SERVICES.
In the event of any inconsistency between terms of service relating to Third-Party Services and these Terms, those additional terms and conditions will control with respect to such Third-Party Services. Third-Party Service Providers may collect and use certain information about you, as specified in the Third-Party Service Provider’s privacy policies. Prior to providing information to any Third-Party Service Provider, you should review their privacy policy. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO THE TERMS OF A THIRD-PARTY SERVICE PROVIDER’S PRIVACY POLICY OR TERMS OF SERVICE, YOU SHOULD NOT USE THE RELATED THIRD-PARTY SERVICES. WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR ANY OF YOUR INFORMATION COLLECTED OR USED BY THIRD-PARTY SERVICE PROVIDERS.
Third-Party Merchant Processor Use
You acknowledge and agree that your use of any third-party merchant processor, including but not limited to your personal Stripe account, integrated into the Village Platform is solely your responsibility. Village provides the capability to connect to these third-party services but does not assume any responsibility for the functionality, troubleshooting, payment failures, integration issues, or any other problems that may arise from your use of such services. Village shall not be liable for any damages or losses incurred as a result of your use of third-party merchant processors. It is your responsibility to ensure that your account with such third-party services is properly set up, maintained, and in compliance with any applicable terms and conditions.
Representations and warranties
In addition to other representations and warranties contained throughout the Terms, you represent and warrant that your use of the Services will be in accordance with these Terms and all applicable laws, regulations, rules, and Village policies and procedures (to the extent such policies and procedures are communicated to you). Specifically, YOU REPRESENT AND WARRANT THAT YOU ARE LEGALLY AUTHORIZED TO SHARE PERSONAL INFORMATION (BELONGING TO YOURSELF OR OTHERS ON WHOSE BEHALF YOU ARE SUBMITTING SUCH PERSONAL INFORMATION) WITH US.
Warranty Disclaimers
THE PLATFORM IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, VILLAGE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE. UNLESS STATED ELSEWHERE IN THESE TERMS OR IN THE VILLAGE PRIVACY POLICY, VILLAGE MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. VILLAGE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, APPLICATIONS, OR MATERIALS ACCESSED OR PURCHASED THROUGH THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM VILLAGE OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, AFFILIATED PROFESSIONALS.
YOU UNDERSTAND THAT VILLAGE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE QUALIFICATIONS OR CONDUCT OF AFFILIATED PROFESSIONALS.
VILLAGE CAN NOT ALWAYS FORESEE OR ANTICIPATE TECHNICAL OR OTHER DIFFICULTIES THAT MAY RESULT IN FAILURE TO OBTAIN DATA OR LOSS OF DATA, PERSONALIZATION SETTINGS, OR OTHER SERVICE INTERRUPTIONS. VILLAGE CAN NOT ASSUME RESPONSIBILITY FOR THE TIMELINESS, ACCURACY, DELETION, NON-DELIVERY, OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS, OR PERSONALIZATION SETTINGS. IT IS YOUR RESPONSIBILITY TO BACKUP ANY INFORMATION YOU ENTER INTO THE SERVICES.
YOU AGREE THAT YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. YOU WILL NOT HOLD Village OR ITS AFFILIATED PROFESSIONALS RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE PLATFORM, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS, MOBILE DEVICES, OR DATA.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES PROVIDED BY VILLAGE REMAINS WITH YOU. NEITHER VILLAGE NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR APPLICATIONS, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VILLAGE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED IN MEETING ITS ESSENTIAL PURPOSE.
IF YOU ARE DISSATISFIED WITH THE SERVICES OR THESE TERMS, YOUR ONLY REMEDY AGAINST VILLAGE IS TO DISCONTINUE USING THE SERVICES. SHOULD ANY COURT OF COMPETENT JURISDICTION FIND THAT THE PRIMARY REMEDY IS UNENFORCEABLE OR INAPPLICABLE, THEN, TO THE FULLEST EXTENT PERMITTED BY LAW, VILLAGE'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES SHALL NOT EXCEED THE GREATER OF $100 OR THE TOTAL AMOUNT PAID BY YOU TO VILLAGE FOR THE SERVICES IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
VILLAGE IS NOT LIABLE TO ANY USER OR PERSON FOR ANY HARM CAUSED BY THE NEGLIGENCE OR MISCONDUCT OF ANY AFFILIATED PROFESSIONALS, WHETHER OR NOT RELYING UPON INFORMATION COLLECTED, GENERATED, OR STORED VIA THE SERVICES. IF YOU ARE DISSATISFIED WITH THE SERVICES YOU ARE RECEIVING FROM AN AFFILIATED PROFESSIONAL, YOU MAY HAVE ADDITIONAL REMEDIES REGARDING THE PROVISION OF SERVICES BY SUCH PROFESSIONAL.
YOU ACKNOWLEDGE THAT IF YOU USE THE SERVICES DURING OR IN RELATION TO AN EMERGENT, SERIOUS, OR LIFE-THREATENING CONDITION, SUCH USE IS AT YOUR SOLE RISK. VILLAGE IS NOT LIABLE TO YOU OR ANY PERSON FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON INFORMATION INCLUDED AS PART OF THE SERVICES.
ANY CLAIM ARISING FROM THE USAGE OF THE SERVICES MUST BE BROUGHT WITHIN TWO (2) YEARS OF THE OCCURRENCE OF THE EVENT FROM WHICH THE CLAIM AROSE.
Indemnification
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS Village AND ITS REPRESENTATIVES FROM ANY THIRD PARTY LIABILITY, LOSS, CLAIM, SUIT, DAMAGE, AND EXPENSE (INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR ACCESS TO OR USE OF THE SERVICES, (b) YOUR VIOLATION OF THESE TERMS, (c) YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS; (d) ANY CONTENT YOU POST, UPLOAD, USE, DISTRIBUTE, STORE, OR OTHERWISE TRANSMIT THROUGH THE SERVICES; OR (E) ANY NEGLIGENT OR WRONGFUL CONDUCT BY YOU OR RELATED TO YOUR USER ACCOUNT BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICES THROUGH YOUR USER ACCOUNT, REGARDLESS OF WHETHER YOU WERE AWARE OF SUCH USE. Village WILL PROVIDE YOU WITH NOTICE OF ANY SUCH CLAIM, SUIT OR ACTION. Village WILL COOPERATE, AT YOUR EXPENSE, IN THE DEFENSE OF ANY SUCH CLAIM, SUIT OR ACTION. YOU SHALL ALLOW Village TO PARTICIPATE IN THE DEFENSE AND SHALL NOT SETTLE ANY SUCH CLAIM, SUIT OR ACTION WITHOUT THE PRIOR WRITTEN CONSENT OF Village.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Providing Feedback to Us
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Services (“Feedback”). You may submit Feedback by e-mailing us at support@myvillage.co. You acknowledge and agree that if you submit any Feedback to us, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose.
Account Termination
If you breach any of these Terms, we may suspend or disable your account or terminate your access to the Services without prior notice to you. There may be other instances where we may need to terminate your access to the Services that are not related to any of your actions or inactions. We reserve the right to terminate your access to and use of the Services and materials at any time, with or without cause unless otherwise prohibited by law.
If you wish to terminate your account, please contact Village at support@myvillage.co, immediately discontinue your use of the Services, and delete all files associated with the Services from your computer or mobile device.
Digital Millennium Copyright Act Policy
The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on the Website or Platform infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Web site, currently located at http://www.loc.gov/copyright. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to support@mvyillage.co.
Dispute Resolution
*PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS*
You agree that any dispute between you and Village arising out of or relating to these Terms will be governed by the dispute resolution procedure outlined below. We want to address your concerns without needing a formal legal case, so we have included a tiered dispute resolution process. This Dispute Resolution section may be modified by a written agreement between you and Village.
Informal Dispute Resolution.
Before filing a claim against Village, you agree to try to resolve the dispute informally by contacting support@myvillage.co. Most user concerns can be resolved quickly and to your satisfaction through email.
Arbitration Agreement.
In the unlikely event that our support team is unable to resolve a complaint you may have (or if we have not been able to resolve a dispute with you after attempting to do so informally), including, but not limited to, any alleged breach of these Terms, you agree to resolve the dispute through binding arbitration. Arbitration, which is often less expensive, faster, and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award, and may, but do not have to, award legal fees, arbitrator’s fees and costs, and other costs incurred by the party that does not win the dispute. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Arbitration Agreement. The use of arbitration to resolve disputes is subject to certain exceptions and opt-out rights as described below.
Arbitration Procedure
You and Village agree to employ three (3) arbitrators (the “Panel”), where one arbitrator (1) is selected by you, and one (1) arbitrator is selected by Village, and the third (3rd) arbitrator is selected by mutual consent of you and Village. If you and Village cannot agree upon the third arbitrator, the first two (2) arbitrators chosen shall select the third arbitrator. The selection decision shall be binding.
The arbitration shall be conducted by telephone, online, and/or be solely based on written submissions—the specific manner to be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. Any judgment on the award rendered by the Panel may be entered in any court of competent jurisdiction.
Any claim or dispute arising under these Terms must be initiated by arbitration within two (2) years from its accrual date. Any claim or dispute initiated two (2) years or longer from its accrual date shall be time-barred and dismissed.
Cost of Arbitration
You and Village shall each pay 50% of all mediators and/or arbitrator costs, expenses, and fees incurred in connection with mediating and/or arbitrating under these Terms.
Exceptions to Agreement to Arbitrate.
Village may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services or infringement of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) without first engaging in the informal dispute-resolution process described above.
YOU MAY ONLY RESOLVE DISPUTES WITH VILLAGE ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT ALLOWED UNDER THESE TERMS.
Opt-Out of Alternative Dispute Resolution Process.
Notwithstanding the above, you can decline or “opt-out” of the alternative dispute resolution process described above by contacting support@myvillage.co within 30 days of first accepting these Terms and stating that You (first and last name) decline this dispute resolution process.
YOU UNDERSTAND AND AGREE THAT, BY NOT OPTING OUT OF THE ALTERNATIVE DISPUTE RESOLUTION PROCESS DESCRIBED, YOU WAIVE ANY RIGHT TO A JURY TRIAL TO WHICH YOU MAY OTHERWISE BE ENTITLED IN CONNECTION WITH ANY ACTION OR LITIGATION IN ANY WAY ARISING OUT OF OR RELATED TO THESE TERMS.
If you opt out of the dispute resolution process described in this section, or if any matter is otherwise determined not to be subject to such dispute resolution process, you submit to the exclusive jurisdiction of any state or federal court sitting in the State of California within twenty-five (25) miles of Los Angeles in any legal proceeding arising out of or relating to these Terms. You agree that any and all claims and matters arising out of these Terms, unless subject to the dispute resolution process described above, may be heard and determined in any such court, and you hereby waive any right to object to such filing on grounds of improper venue, forum non-convenience, or other venue-related grounds, unless such objection asserts that the claim or matter in dispute is subject to determination through the dispute resolution process described above.
Miscellaneous Terms
Entire Agreement.
These Terms, the Village Privacy Policy, and any other terms incorporated by reference, constitute the entire and exclusive understanding and agreement between Village and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Village and you regarding the Services.
Governing Law.
These Terms shall be governed by the laws of the Delaware without reference to its conflict of laws provisions.
Assignment.
You may not assign or transfer these Terms, by operation of law or otherwise, without Village’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Village may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Notices.
Any notices or other communications permitted or required under these Terms, including those regarding modifications to these Terms, will be in writing and given: (i) by Village via email (in each case to the address that you provide); and/or (ii) by posting to the Website or Platform. For notices made by email, the notice will be effective as of the date the notice is first transmitted. You agree that any notice received from Village electronically satisfies any legal requirement that such notice be in writing. YOU ALONE ARE RESPONSIBLE FOR ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH VILLAGE IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE EFFECTIVE UPON THE SENDING OF AN EMAIL TO THE ADDRESS WE HAVE ON FILE.
You shall give any notice to Village by email to: support@myvillage.co. Notice to Village shall be effective upon receipt of notice by Village.
No Inadvertent Waiver.
The failure of Village to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Village.
Severability.
If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions of these Terms remain in full force, provided that the essential terms and conditions remain valid, binding, and enforceable and the economic and legal substance of the transactions contemplated by these Terms are materially preserved.
Intellectual Property Rights.
“Intellectual Property Rights” means all intellectual property rights or similar proprietary rights, including (i) patent rights and utility models, (ii) copyrights and database rights, (iii) trademarks trade names, domain names, and trade dress and the goodwill associated therewith, (iv) trade secrets, (v) mask works, and (vi) industrial design rights; in each case, including any registrations of, applications to register, and renewals and extensions of, any of the foregoing in any jurisdiction in the world.
As between you and us, all right, title, and interest, including all Intellectual Property Rights, in the Services, any related materials, logos, products, and documentation, and any other property or materials furnished or made available hereunder, and all modifications and enhancements thereof, belong to and are retained solely by Village or its licensors, vendors, and affiliates, as applicable. All rights not expressly granted are reserved by us. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
Remedies.
Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If, for any reason, a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.
Contacting Village
Please feel free to contact Us if you have any questions about these Terms and/or any other documents referenced in these Terms. You may contact us at support@myvillage.co or at our mailing address:
MyVillage, Inc.
2261 Market Street STE 22764
San Francisco, CA 94114
Data Security Officer:
Allan Smith