These Medical Terms of Service (“Medical Terms”) govern your use of the One Medical medical services (“Medical Services”) provided by One Medical professional corporations and our affiliated medical services providers (One Medical, we, us, or our). These Medical Terms, together with the Amazon Health Services Notice of Privacy Practices, the Amazon.com Conditions of Use, and the Amazon.com Privacy Notice (collectively, the “Agreement”) apply to your use of the Medical Services. Please read all applicable terms carefully before using the Medical Services. By using the Medical Services, you agree to be bound by these terms. If you do not agree to the terms, you may not use Medical Services. If you accept the Agreement or arrange for Medical Services for another person (“Dependent”) as such Dependent’s parent, guardian, conservator, or custodian, you agree to the Agreement on behalf of such Dependent and references to you include your Dependent.

Please refer to the Amazon Health Services Notice of Privacy Practices to learn how One Medical collects, uses, shares and protects your Protected Health Information (as defined under the Health Insurance Portability and Accountability Act of 1996 or "HIPAA").

One Medical, not Amazon.com Services LLC (“Amazon”), provides Medical Services through its healthcare providers (each, a “Provider”), who are responsible for all clinical decisions. Amazon does not practice medicine or nursing. Amazon provides administrative and technology services to One Medical.

In some locations, One Medical partners with health systems, academic medical centers, and other third parties (“Partners”) to provide certain Medical Services. Each Partner is a third-party beneficiary to this Agreement.

You may use the Medical Services only when you are physically located in the U.S. You agree to refrain from using any technology or technique to obscure or disguise your location when using Medical Services.

We may amend any of these Medical Terms at our sole discretion from time to time by posting the revised terms to our site or application. If you do not agree with the proposed changes, you should discontinue your use of the Medical Services. Your continued use of the Medical Services after the effective date of an update constitutes your acceptance of the updated Medical Terms.

You agree to pay us and Partners (as applicable) all applicable charges at the prices then in effect for the Medical Services provided to you, regardless of the treatment outcome. You authorize us and Partners to charge any eligible payment method One Medical or Amazon has on record for you for the Medical Services provided to you. We may charge you a fee for a missed or late-cancelled appointment.

If you provide information about your health insurance or health plan to us, you authorize us and our Partners to submit claims for covered Medical Services to your health insurer or health plan; provided, however, One Medical and our Partners will not submit a claim where a Medical Service is made available as cash-pay only. You are responsible for any copay(s) set by your insurance plan and cash purchases. We may charge you at the point of service or otherwise bill you directly.

You hereby assign or otherwise authorize payment of medical benefits to One Medical and its Partners for the Medical Services provided to you. One Medical and its Partners reserve the right to correct any billing errors or mistakes even if payment has already been requested or received. You further understand and accept your financial responsibility for all or any portion of the bill not covered or payable by your health insurer or health plan. SUBMISSION OF CHARGES DOES NOT WAIVE OUR RIGHT TO SEEK PAYMENT DIRECTLY FROM YOU.

You give permission for One Medical, its Providers, and its Partners to medically care for you. You may withdraw this consent at any time by no longer seeking Medical Services from One Medical. You understand and agree that as part of providing Medical Services to you, your Protected Health Information (as defined by HIPAA), including test results, may be released to your online personal health record and via communication with One Medical’s healthcare team electronically (in accordance with our Amazon Health Services Notice of Privacy Practices).

Medication History
A variety of sources, including pharmacies and health insurers, contribute to your medication history, which Providers can request for treatment purposes. Obtaining your medication history, for example, helps healthcare providers treat you properly and identify potentially dangerous drug interactions. By using the Medical Services, you give One Medical permission to request your medication history.

You may terminate your use of the Medical Services at any time by not using the Medical Services any more. We may immediately terminate your use of the Medical Services at any time in our discretion. We may also terminate your use of the Medical Services at any time by sending notice to you at the mail or email address you provided to us or by otherwise contacting you.

One Medical may provide Medical Services, including certain Telehealth services (defined below) to you, either directly or via our affiliates. You understand that the Medical Services generally as well as virtual encounters via phone, email, video, or otherwise, could involve, and you consent to the use of, automated tools for diagnosis, care, treatment or communication pertaining to healthcare matters. You also acknowledge that such encounters may involve care by a variety of providers, including physicians, registered nurses, nurse practitioners, physician assistants, and other medical professionals (“Services Providers”).

You give permission to One Medical and the Services Providers to record and process your personal details and medical data. You may withdraw these permissions at any time by no longer seeking Medical Services from One Medical.

"Telehealth" is the delivery of healthcare services using technology when the healthcare provider and patient are not in the same physical location, and/or the virtual delivery of healthcare services, including by a medical provider or via digital or automated tools, including without limitation tools for medical or health-related diagnosis and treatment. Telehealth services may be used for diagnosis, treatment, care, follow-up and/or patient education, and may include, without limitation, the following: electronic transmission of patient medical records, medical images, and/or other patient data or information; synchronous (i.e., "real time") and asynchronous (i.e., non-"real time") interactions via audio, video, text, and/or data or other electronic communications; automated, electronic or digital tools or services for diagnosis, care, treatment and/or communication pertaining to healthcare or medical matters; and output, transmission or exchange of data from medical devices, sound and video files.

You understand that it may be possible that your condition cannot be treated via Medical Services, or that information transmitted through Medical Services may not be sufficient or of too poor of image quality, or insufficient information or data to allow for appropriate medical decision making. Accordingly, you may be advised to seek additional in-person medical care, alternative healthcare or emergency services. If your health or medical problem or condition persists after use of Medical Services, you should seek appropriate additional in-person medical care or emergency care, as appropriate.

The state in which you reside may also require us to provide additional notices to you or obtain additional consents from you regarding our Medical Services. Please review the Additional Telehealth Consent for provisions applicable to your state, if any. These notifications and consents are incorporated into these Medical Terms.

For California patients, the state of California requires that physicians in California share notice of the Open Payments database. The Open Payments database is a federal tool used to search payments made by drug and device companies to physicians and teaching hospitals. It can be found at https://openpaymentsdata.cms.gov.

You consent to receive communications (including emails, texts, mobile push notifications, electronic messaging, or through other Amazon One Medical services), by or on behalf of us to any email address, phone number, or mobile device associated with your account, or otherwise directly or indirectly provided by you to us. The communications we send to you may contain information about your treatment, benefits, membership, or account, including security notifications. In connection with such communications, we may use pre-recorded/artificial voice messages and/or automatic dialing devices. If you choose to share access to your mobile phone, carrier account, email, or One Medical profile with others, those individuals might also be able to see this information. The Amazon Health Services’ Notice of Privacy Practices provides more information on how you may receive communications from One Medical. You may also opt out from receiving certain electronic communications through your account or, if applicable, by following unsubscribe instructions included in the communication.

You agree if you previously used Amazon Clinic, that by using Medical Services you consent to the transfer of your prior Amazon Clinic visit history and related information (if any) to One Medical and the Service Providers from Amazon VHS LLC for treatment, care management and other healthcare and customer service purposes related to your use of Medical Services.

TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, EXCEPT IN CASE OF NEGLIGENCE OR WILLFUL MISCONDUCT, ONE MEDICAL AND OUR AFFILIATES, PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF OR INABILITY TO USE THE MEDICAL SERVICES.

TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL ONE MEDICAL AND OUR AFFILIATES, PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION THOSE RELATING TO LOST PROFITS OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THE MEDICAL SERVICES OR FROM THE USE OF OR INABILITY TO USE THE MEDICAL SERVICES, WHETHER BASED ON CONTRACT, WARRANTY, PRODUCT LIABILITY, TORT OR OTHER LEGAL THEORY AND EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

11.1 We may change, suspend, or discontinue any of the Medical Services at any time. We will try to give you prior notice of any material changes to the Medical Services. We will not be liable to you or to any third party for any modification, suspension or discontinuance of the Medical Services.

11.2 Except for Partners, these Medical Terms do not confer any third-party beneficiary rights. You may not transfer any of your rights or obligations under these Medical Terms to anyone else without our consent. One Medical may assign our rights in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

11.3 Even after termination, these Medical Terms will remain in effect such that all terms that by their nature may survive termination will survive such termination.