Please read these Terms of Use (“Terms”) carefully before using the website and online services or apps provided by Hy-Vee Health, P.C. or its affiliates (collectively, “Hy-Vee Health”, “we”, or “us” or “our”) that post a link to these Terms (“Hy-Vee Health Services”). If you continue to browse and use this website, you are agreeing to comply with and be bound by the Terms, which together with our privacy policy govern our relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.
We grant you a limited license to make personal use only of the Hy-Vee Health Services. All materials you see and hear on the Hy-Vee Health Services, including, for example, all of the page headers, images, text, product listings, prices, illustrations, formats, logos, designs, icons, photographs, programs, and video or audio clips (individually or collectively, the “Content(s)”), are intended solely for your personal, non-exclusive and non-commercial use. You may access, view, download, print or copy the Contents displayed on the Hy-Vee Health Services for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all Contents; (2) do not modify or alter the Contents in any way; and (3) do not provide or make available the Contents to any third party. No right, title or interest in any accessed, viewed, downloaded, printed or copied Content is transferred to you as a result of your use of the Hy-Vee Health Services. We own and reserves all right, title and interest in and to the intellectual property rights in any Content you may access on the Hy-Vee Health Services. Except as noted above, you may not copy, download, reproduce, publish, transmit, distribute, display, modify, create derivative works from, or otherwise exploit in any way the Contents or the Hy-Vee Health Services without first obtaining written permission from us.
We may terminate, change, suspend or discontinue any aspect of the Hy-Vee Health Services, including the availability of any features of the Hy-Vee Health Services, at any time and without notice. We also reserve the right to block or deny access to the Hy-Vee Health Services to anyone at any time for any reason.
By your use of the Hy-Vee Health Services, you represent and warrant that you are at least eighteen (18) years of age, or the applicable age of majority in your state. If you are not at least eighteen (18) years of age, or the age of majority in your state, then do not use the Hy-Vee Health Services without the consent of your parent or legal guardian; provided, however, that if you are under thirteen (13) years of age, then you may not use the Hy-Vee Health Services under any circumstances. Hy-Vee Health Services are not directed to and we do not intend to, knowingly, collect or solicit personal information online from children under the age of 13.
The Hy-Vee Health Services may only be used for lawful purposes and in accordance with these Terms. As a condition of your use of the Hy-Vee Health Services, you warrant to us that you will not use the Hy-Vee Health Services for any purpose that is unlawful or prohibited by these Terms. Whether on behalf of yourself or on behalf of any third party, in your use of the Hy-Vee Health Services YOU WILL NOT:
- Make any commercial use of the Hy-Vee Health Services or its Content:
- Download, copy or transmit any Content for the benefit of any other party without the express written consent of us;
- Collect personally-identifiable information of other users of the Hy-Vee Health Services;
- Misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Hy-Vee Health Services;
- Create another account without our permission, if we have disabled your account;
- Use the Hy-Vee Health Services for any fraudulent purposes;
- Violate or attempt to violate the security of the Hy-Vee Health Services, whether in an automated fashion or otherwise;
- Remove any copyright, trademark or other proprietary rights notice from the Hy-Vee Health Services or materials originating from the Hy-Vee Health Services.
The Hy-Vee Health Services may contain links to third-party websites and online services (such as apps and social media sites) that are not owned or controlled by us. Hy-Vee Health has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or online services, and you access and use these websites or online services solely at your own risk. These links are provided for you reference and convenience only, and do not necessarily imply any endorsement, sponsorship or recommendation of the material on these third-party websites or online services or any association with their operators. In addition, Hy-Vee Health will not and cannot control or edit the content of any third-party website or online service. BY USING THE HY-VEE HEALTH SERVICE, YOU EXPRESSLY RELEASE HY-VEE HEALTH, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, LICENSORS, LICENSEES, AND SUPPLIERS (COLLECTIVELY “THE HY-VEE HEALTH PARTIES”), FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE OR ONLINE SERVICE AND FROM ANY LOSS OR DAMAGE OF ANY SORT YOU MAY INCUR FROM DEALING WITH ANY THIRD-PARTY. Accordingly, we encourage you to be aware when you leave the Hy-Vee Health Services and to read the terms and conditions of use for each other website or online service that you visit.
YOU AGREE THAT YOUR USE OF THE HY-VEE HEALTH SERVICES SHALL BE AT YOUR SOLE RISK. THE CONTENT ON THE HY-VEE HEALTH SERVICES ARE PROVIDED “AS IS”. WE MAKE NO WARRANTY, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIM AND NEGATE ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, HY-VEE HEALTH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON THE HY-VEE HEALTH SERVICES OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO OR FROM THE HY-VEE HEALTH SERVICES. THE CONTENT ON HY-VEE HELATH SERVICES IS INTENDED FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR RECOMMENDATIONS OR ANY KIND. CONSULT A HEALTHCARE PROFESSIONAL IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE HY-VEE HEALTH PARTIES FROM AND AGAINST ANY CLAIM, LOSS, OBLIGATION, DEMAND, DAMAGE, COST, LIABILITY, EXPENSES, AND ATTORNEY’S FEES ARISING TO ANY OF THE HY-VEE HEALTH PARTIES AS A RESULT OF ANY CLAIM, DEMAND OR PROCEEDINGS BROUGHT OR THREATENED AGAINST THE HY-VEE HEALTH PARTIES IN CONNECTION WITH (1) YOUR USE OF, ACCESS TO, OR MISUSE OF THE HY-VEE HEALTH SERVICES; (2) YOUR BREACH OF ANY OF THESE TERMS OR ANY ADDITIONAL TERMS INCORPORATED HEREIN; (3) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; OR (4) ANY ACTIVITY BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICE USING YOUR ACCOUNT OR EMAIL ADDRESS.
IF THE HY-VEE HEALTH PARTIES TAKE ANY LEGAL ACTION AGAINST YOU AS A RESULT OF YOUR VIOLATION OF THESE TERMS, THE HY-VEE HEALTH PARTIES WILL BE ENTITLED TO RECOVER FROM YOU, AND YOU AGREE TO PAY, ALL REASONABLE ATTORNEYS’ FEES AND COSTS OF SUCH ACTION, IN ADDITION TO ANY OTHER RELIEF GRANTED TO THE HY-VEE HEALTH PARTIES.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE HY-VEE HEALTH PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND LOST PROFITS OR SAVINGS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH (I) YOUR ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE, THE HY-VEE HEALTH SERVICES; (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE HY-VEE HEALTH SERVICES; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, DEFICIENCIES, OR OTHER INACCURACIES IN THE HY-VEE HEALTH SERVICES; (IV) ANY UNAUTHORIZED ACCESS TO, OR USE, DISCLOSURE OR ALTERATION OF, YOUR TRANSMISSIONS OF DATA INCLUDING, WITHOUT LIMITATION, YOUR PERSONAL INFORMATION OR CARD HOLDER DATA, (V) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON THE HY-VEE HEALTH SERVICES; (VI) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE HY-VEE HEATLH SERVICES; OR (VII) ANY OTHER MATTER RELATED TO THE HY-VEE HEALTH SERVICES, INCLUDING ITS CONTENT, REGARDLESS OF ANY NEGLIGENCE OF THE HY-VEE HEALTH PARTIES EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE HY-VEE HEALTH PARTIES’ MAXIMUM AGGREGATE LIABILITY FOR ANY SINGLE EVENT (OR A SERIES OF RELATED EVENTS) GIVING RISE TO A CLAIM IN CONNECTION WITH THESE TERMS OF USE OR IN RELATION TO THE SERVICE, EITHER FOR BREACH OF CONTRACT, BREACH OF WARRANTY, MISREPRESENTATION OR NEGLIGENCE WILL BE LIMITED TO $50 USD.
Any claims relating to use of the Hy-Vee Health Services must be bought within one (1) year from the date the cause of action arose. Claims brought after such period are VOID. The Hy-Vee Health Services are controlled and offered by Hy-Vee Health from its facilities in the United States of America. Those who access or use the Hy-Vee Health Services do so at their own volition and are responsible for compliance with local and all other applicable laws, restrictions, and regulations.
ALL DISPUTES ARISING OUT OF OR RELATED TO YOUR USE OF HY-VEE HEALTH SERVICES, THESE TERMS, OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND HY-VEE HEALTH, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, PRODUCT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES IN EFFECT AT THE TIME OF THE COMMENCEMENT OF THE ARBITRATION INSTEAD OF IN A COURT BY A JUDGE OR JURY. BY USING THE HY-VEE HEALTH SERVICES YOU AGREE THAT HY-VEE HEALTH AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The Arbitration shall take place in Des Moines, Iowa, unless the parties mutually agree in writing to an alternate location
If an arbitrator determines a particular dispute is excluded from mandatory arbitration for any reason (including, but not limited to, by applicable federal or state law), you agree to submit to the jurisdiction and venue of the state or federal courts sitting in Des Moines, Polk County, Iowa, for any action or proceeding arising out of or relating to these Terms and the Hy-Vee Health Services, and each of the parties waives any defense of inconvenient forum to the maintenance of any action or proceeding in the state or federal courts sitting in Des Moines, Polk County, Iowa.
Hy-Vee Health expressly reserves all intellectual property and other proprietary rights in all Content, including processes, technology, and other materials that appear on Hy-Vee Health Services. Access to Hy-Vee Health Services does not confer and shall not be considered as conferring upon anyone any license under any of Hy-Vee Health’s or any third party’s intellectual property rights. The unauthorized duplication of any content on the Hy-Vee Health Services is a violation of law and these Terms.
If you believe your work has been copied on the Hy-Vee Health Services in a way that constitutes copyright infringement, please send a written notification (an “Infringement Notification”) that meets all of the following requirements:
- Specifically identifies the copyrighted work(s) believed to have been infringed;
- Identifies the material that is accessible on the Hy-Vee Health Services and which is allegedly infringing upon the copyrighted work(s). The Infringement Notice must provide detailed information reasonably sufficient to enable Hy-Vee Health to locate the allegedly infringing materials on the Hy-Vee Health Services, such as clear screenshots of the allegedly infringing materials (for identification purposes);
- Provides information sufficient to permit Hy-Vee Health to contact the copyright owner directly: name, street address, telephone number, and email (if available);
- Contains a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- Contains a statement, under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on behalf of the owner.
- Is signed by a person authorized to act on behalf of the copyright owner; and
- Is sent to Hy-Vee Health at the following address:
Hy-Vee Health, P.C.
Attn: Legal Department
5820 Westown Parkway
West Des Moines, IA 50266
If you violate these Terms then we may seek injunctive relief or other equitable relief.
These Terms, and any rights and licenses granted hereunder, may be transferred or assigned by you only with Hy-Vee Health’s prior written consent, but may be assigned by Hy-Vee Health without restriction and without notice to you.
When you visit the Hy-Vee Health Services, chat with us or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by chat or email. You agree that we may treat specific actions by you, such as checking boxes to receive email updates, sending us an email directly or through the Hy-Vee Health Services, providing us with an email address, or leaving a telephone message with an email address for customer service to respond to you, as a request that we communicate with you by unencrypted email. You acknowledge and agree that unencrypted email sent over the Internet is not secure and may be read by others, and you agree that when you request that we send you email you are authorizing us to transmit and disclose your information (including your personal financial or medical information) from time to time in an unencrypted manner.
These Terms, which are provided electronically, and any other electronic Additional Terms that are incorporated herein will be: (i) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing: (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administer of proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
If any provision of these Terms or the Additional Terms referenced herein is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms are subject to change at our discretion. We will indicate changes, including material changes, to these Terms by updating the “Effective Date.” Your use of any Hy-Vee Health Services after any update to these Terms will constitute your acceptance of the changes.
If you have questions or comments about these Terms, you may contact us as follows:
Mailing Address: Hy-Vee Health, 5820 Westown Parkway, West Des Moines, Iowa 50266-8223
Toll-free Number: (800) 772-4098