Terms of Service

Mend VIP, Inc. ("Mend") provides technology services (the "Mend Services") including telehealth technology services to assist healthcare providers in the delivery of healthcare services to patients. You may be given access to certain Mend Services at the request of your healthcare services provider (your "Provider") for the purpose of helping you obtain healthcare services from your Provider. The Mend Services you use to interact with your Provider are provided by Mend pursuant to an agreement entered into between Mend and your Provider. In addition, your use of the Mend Services is subject to these terms of use ("Mend Services Terms of Use"). If you do not agree to these Mend Services Terms of Use, you will not be permitted to use the Mend Services.

Mend Is Not a Healthcare Provider

Mend is a technology company. Mend is not a healthcare provider. Mend is not affiliated with your Provider or any other healthcare provider. Mend does not provide any healthcare services, medical advice, diagnosis, treatment or endorsements or recommendations with respect to any healthcare providers, services, products or treatments.

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL "911" IMMEDIATELY.

Provider Invoicing and Payments

The Mend Services may include the ability to receive invoices from your Provider and make payments. Mend is not a payments processor. Mend uses Authorize.Net® to process payments. You consent to receive Provider invoices through the Mend Services and, if you elect to make payment of any Provider invoices through the Mend Services, to the processing of payments using Authorize.Net® or such other payments platform as may be used by Mend to process payments, subject to any additional terms and conditions specified by the payments platform or your Provider.

Electronic Communications

You consent to receive communications from Mend electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that Mend provides to you electronically satisfy any legal requirement that such notices and other communications be in writing. You may be asked to provide your email address or cell phone number to Mend for the purpose of enabling your Provider to provide services and obtain payment for its services and Mend to provide the Mend Services.

If you provide your cell phone number to Mend, and select to receive text notifications, you are agreeing to be contacted by or on behalf of Mend and your Provider using the telephone number provided, including standard or short code text (SMS) messages to your cell phone and other wireless devices. Message frequency may vary. You may opt-out of receiving text messages at any time by replying with the word STOP from the mobile device receiving the messages.

As always, message and data rates may apply for any text messages sent to you from Mend and to Mend from you. Carriers are not liable for delayed or undelivered messages. If you have questions about the services provided by Mend using text messaging, you can send an email to the Mend email address listed below or send the message "HELP" to Mend by text message.

Your Privacy; Data Security; Cookies

When you use the Mend Services to interact with your Provider, the information you submit is subject to confidentiality obligations contained in the agreement between Mend and your Provider. All of the information you submit is used by Mend strictly in the manner authorized by your Provider and solely for the purpose of permitting you to interact with or make payment to your Provider.

Mend uses industry standard physical, technical and administrative security measures and safeguards to protect the confidentiality and security of information submitted to the Mend Services. These measures include encryption of information transmitted while using the Mend Services to interact with your Provider.

The Mend Services use cookies, web beacons, and other technologies to receive and store certain types of information whenever you interact with the Mend Services through your computer or mobile device. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Mend Services may not function properly without cookies. The Mend Services use only those cookies Mend considers necessary to provide the Mend Services. Cookies for marketing and advertising purposes are not used in the Mend Services.

Ownership of Mend Services

The Mend Services and any materials made available through the Mend Services are the property of Mend, or its licensors or suppliers, as applicable and may not be copied, distributed, modified, reproduced, published, made available by framing or used, in whole or in part, except for purposes authorized or approved in writing by Mend.

Access, Security and Restrictions

You do not need to create an account with Mend in order to use the Mend Services to visit, provide information to or otherwise interact with your Provider. If you choose to create a Mend account, you are responsible for all activities that occur under your account. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party.

You agree not to access or use, or to attempt to access or use, the Mend Services or any portion thereof without authorization, in a manner intended to interfere with the functioning or security of the Mend Services or in violation of the rights or any person or applicable law. Your access to the Mend Services may be revoked by Mend or your Provider at any time with or without cause.

Disclaimer of Warranties

THE MEND SERVICES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN THE MEND SERVICES, ARE PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE MEND SERVICES.

Limitation of Liability

MEND IS NOT RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE MEND SERVICES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE MEND SERVICES IS TO STOP USING THE MEND SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF MEND TO YOU WITH RESPECT TO YOUR USE OF THE MEND SERVICES IS $500 (FIVE HUNDRED DOLLARS).

Consent to Processing of Personal Data in United States

Mend has its headquarters in the United States. Information Mend collects from you will be processed in the United States. Mend limits the transfer of personal information from the European Economic Area (EEA) to specific situations set forth in Article 49 of the GDPR. By providing personal information to Mend, you are consenting to its transfer, storage and use in the U.S.

Contact

For questions about these Terms of Service, contact Mend at bestservice@mend.com.