Terms of Service

These terms and conditions of use ("Terms of Use") apply to healthcare and content providers and govern your use of our online interfaces and properties owned and controlled by Mend VIP, Inc. ("Mend VIP", "we" or "us"), including the mend.com website (the "Site") and the services available to users through the Site ("Services"). Your compliance with these Terms of Use is a condition to your use of the Site. If you do not agree to be bound by the Terms of Use, promptly exit this Site.

All pages within this Site and any material made available for download are the property of Mend VIP, or its licensors or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws. The Contents of the Site may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by Mend VIP.

Provider Responsibilities

To be a healthcare provider using the Site ("Provider") you must agree to comply with all laws, medical board rules and other rules and regulations applicable to you as a Provider or otherwise. Your relationship with the Mend VIP users (including your patients) is directly between you and the patient. The patient will never have a physician-patient relationship with Mend VIP. Mend VIP does not practice medicine and offers no medical services.

Provider is solely responsible for all agreements, consents, notices and other interactions with patients and other consumers. Without limiting the generality of the foregoing, Provider is solely responsible for all billings and collections from patients and other consumers, and Mend VIP shall have no liability whatsoever to Provider with respect to any amounts owed by any patient or other consumer to Provider.

Provider will use the Site and Services only in accordance with applicable standards of good medical practice. Provider shall be solely responsible for its use of the Site and Services, and the provision of services to Provider's patients. Provider agrees to defend, indemnify and hold Mend VIP harmless from any claim by or on behalf of any patient of Provider or its personnel arising out of the use or operation of the Site and Services.

Electronic Communications

You consent to receive communications from Mend VIP electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that Mend VIP provides to you electronically satisfy any legal requirement that such notices and other communications be in writing.

If you provide your cell phone number and email address to Mend VIP, you are agreeing to be contacted by or on behalf of Mend VIP using the email address and the telephone number provided, including text (SMS) messages to your cell phone and other wireless devices. You may opt-out of receiving text (SMS) messages at any time by replying with the word STOP from the mobile device receiving the messages. DATA FEES AND TEXT MESSAGING RATES MAY APPLY TO YOUR USE OF THE SERVICES.

Security and Restrictions

You are prohibited from violating or attempting to violate the security of the Site, including accessing data not intended for such user, attempting to probe or test the vulnerability of a system or network, or accessing or using the Site without authorization. Violations of system or network security may result in civil or criminal liability.

You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

In the event access to the Site or a portion thereof is limited requiring a user ID and password, 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. Your access to the Site may be revoked by Mend VIP at any time with or without cause.

License

Subject to your compliance with these Terms of Use and your payment of any applicable fees, Mend VIP or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make use of the Mend VIP Services. In the event you have entered into a separate Platform Subscription Agreement with Mend VIP, the terms of the Subscription Agreement shall also apply to your use of the Site and the Services. In the event of a conflict between the Subscription Agreement and these Terms of Use, the terms of the Subscription Agreement shall prevail.

Provider Content

If you submit, upload or post any agreements, contracts, consents, notices, advice, recommendations, comments, files, videos, images or other materials to us or our Site ("Provider Content"), you agree not to provide any Provider Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful, disruptive or destructive files.

Disclaimer of Warranties

THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MEND VIP DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS.

Limitation of Liability

MEND VIP SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law.

Contact

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