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MEND VIP ONLINE TERMS OF USE

Last revised March, 2021

These terms and conditions of use (“Terms of Use”) govern your use of online interfaces and properties (e.g., websites and mobile applications) owned and controlled by Mend VIP, Inc. (“Mend”, “we” or “us”), including the websites located at mend.com, portal.mend.com and portal.mendfamily.com, (collectively, the “Site”) and the Mend 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. Please consult our Privacy Policy for a description of our privacy practices and policies, including how we collect and handle your personal information. When you interact with a healthcare provider, the privacy of the information that you give to the healthcare provider will be subject to the healthcare provider’s policies and notices respecting privacy.

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

Mend is a technology services company and does not provide any healthcare services itself. All healthcare providers with whom you interact through the Site are independent of Mend and use the Services as a way to communicate with you. Any services, information or advice received from a healthcare provider comes from them alone, and not from Mend. Neither Mend, nor any of its subsidiaries or affiliates or any third party who may promote the Site or the Services or provide a link to the Site, shall be responsible for any services, information or advice obtained from a healthcare provider via the Service or for any other information obtained on the Site. Mend cannot and does not endorse any tests, physicians, medications, products or procedures that are recommended by providers that may use Mend to communicate with you. You acknowledge that your reliance on any healthcare providers or any services, information or advice provided by the healthcare providers using the Services is solely at your own risk and you assume full responsibility for all risk associated herewith.

1.   Ownership Of The Site

All pages within this Site and any material made available for download are the property of Mend, 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, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site (“Content”) 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. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, Content or other proprietary information (including; images, text, page layout, or form) of Mend without our express written consent.

2.   Electronic Communications

When you use any Mend Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. STANDARD DATA FEES AND TEXT MESSAGING RATES MAY APPLY BASED ON YOUR PLAN WITH YOUR MOBILE PHONE CARRIER.

3.   Site Access, Security and Restrictions, Passwords, and Monitoring

If you create a subscriber account for the Mend Site, you agree to complete the registration process by providing current, complete, and accurate information as required by Mend. You are responsible for all activities that occur under your account. In the event access to the Site or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by Mend. 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 that you are fully responsible for all activity occurring under your user ID. Your access to the Site may be revoked by Mend at any time with or without cause. You agree to defend, indemnify and hold Mend harmless from and against all third party claims, damages and expenses (including reasonable attorneys fees) against or incurred by Mend arising out of your breach of these Terms of Use or violation of applicable law, your use or access of the Site, or access by anyone accessing the Site using your user ID and password.

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law. If you are under 18, you may use the Mend Services only with involvement of a parent or guardian.

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, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

Violations of system or network security may result in civil or criminal liability. Mend will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.

4.   No Medical Advice or Services

MEND IS NOT A HEALTHCARE PROVIDER, BUT MERELY PROVIDES TECHNOLOGY SERVICES THAT FACILITATE THE DELIVERY OF TELEHEALTH SERVICES BY AN INDEPENDENT HEALTHCARE PROVIDER THAT YOU CHOOSE.

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

THE CONTENT OF THE SITE AND THE SERVICES, INCLUDING WITHOUT LIMITATION, TEXT, COPY, AUDIO, VIDEO, PHOTOGRAPHS, ILLUSTRATIONS, GRAPHICS AND OTHER VISUALS, IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR RECOMMENDATIONS OF ANY KIND. YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR QUALIFIED HEALTHCARE PROFESSIONALS WITH ANY QUESTIONS OR CONCERNS YOU MAY HAVE REGARDING YOUR INDIVIDUAL NEEDS AND ANY MEDICAL CONDITIONS. ALL INFORMATION PROVIDED BY MEND IS INTENDED TO BE FOR GENERAL INFORMATIONAL PURPOSES ONLY. MEND IS A COMMUNICATIONS TOOL FOR USER INTERACTIONS WITH PHYSICIANS. MEND DOES NOT PROVIDE MEDICAL SERVICES. ANY DOCTOR-PATIENT RELATIONSHIP IS BETWEEN YOU AND THE HEALTHCARE PROVIDER YOU SELECT. ALL HEALTHCARE PROVIDERS IDENTIFIED OR ACCESSIBLE ON THE SITE ARE INDEPENDENT PROVIDERS AND ARE NOT EMPLOYED BY OR AFFILIATED WITH MEND.

5.   License And Access

Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Mend or its content providers grant you a limited, non-exclusive, non-transferable,

non-sublicensable license to access and make personal and non-commercial use of the Mend Services. This license does not include any resale or commercial use of any Mend Service, or its contents; any collection and use of any service listings, descriptions, or prices; any derivative use of any Mend Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Mend or its licensors, suppliers, publishers, rightsholders, or other content providers. No Mend Service, nor any part of any Mend Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Mend. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Mend without express written consent. You may not use any meta tags or any other “hidden text” utilizing Mend’s name or trademarks without the express written consent of Mend. You may not misuse the Mend Services. You may use the Mend Services only as permitted by law. You may not use the Mend Services for purposes other than intended, including chat or communications unrelated to healthcare. The licenses granted by Mend terminate if you do not comply with these Terms of Use.

6.  Accuracy and Integrity of Information

Although Mend attempts to ensure the integrity and accuracy of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Mend so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, Mend shall have no responsibility or liability for information or Content posted to the Site from any non-Mend affiliated third party.

7.   Links to Other Sites

Mend makes no representations whatsoever about any other website that you may access through this Site. When you access a non-Mend site, please understand that it is independent from Mend, and that Mend has no control over the Content on that website. In addition, a link to a non-Mend website does not mean that Mend endorses or accepts any responsibility for the Content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

8.   User Information

If you submit, upload, post or transmit any comments, ideas, suggestions, information, files, videos, images or other materials to us or our Site (“User Information”), you agree not to provide any User Information that (1) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (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 component. You agree not to contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. All User Information that you submit is subject to our Privacy Policy. When you interact with a healthcare provider, the privacy of the information that you give to the healthcare provider will be subject to a separate Privacy Policy or Notice of Privacy Practices of that healthcare provider. You represent and warrant to Mend and its Providers that you have the legal right and authorization to provide all User Information to Mend and its Providers for use as set forth herein and required by Mend and the Provider.

You agree to defend, indemnify and hold Mend and its Providers harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Mend arising out of any User Information you upload to or transmit through the Site.

9.   Claims of Copyright Infringement

We disclaim any responsibility or liability for copyrighted materials posted on our site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.

Mend respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA“), we will respond promptly to notices of alleged infringement that are reported to Mend’s Designated Copyright Agent, identified below.

Notices of Alleged Infringement for Content Made Available on the Site 

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice (“Notice”) complying with the following requirements.

  1. Identify the copyrighted works that you claim have been infringed.
  2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
  3. Provide your mailing address, telephone number, and, if available, email address.
  4. Include both of the following statements in the body of the Notice:
    1. “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
    2. “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
  5. Provide your full legal name and your electronic or physical signature. Deliver this Notice, with all items completed, to our Copyright Agent:

Mend VIP, Inc.
Attention: Legal Department 4767 New Broad Street Orlando, FL 32814
Email: BestService@MendFamily.com
Fax: (407) 907-6754

10.   Disclaimer of Warranties

MEND DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR- FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS 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. MEND DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. MEND DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.

11.  Limitation of Liability Regarding Use of Site

MEND AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER 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 SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MEND IS NOT A HEALTHCARE PROVIDER, AND SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR THE ACTS OR OMISSIONS OF THE HEALTHCARE PROVIDER(S) THAT YOU CHOOSE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE 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 THIS SITE IS $500 (FIVE HUNDRED DOLLARS).

12.   Dispute Resolution.

In the event of any dispute or claim relating to the Site or these Terms of Use, you agree to resolution of such dispute in the state or federal courts located in Orange County, Florida, in accordance with the laws of the State of Florida.

13.   Mobile Apps.

Mend’s Mobile Application 

We may make available the Mend App to access the Service via a mobile device. To use any Mend App you must have a mobile device that is compatible with the Mobile Service. Mend does not warrant that any Mobile App will be compatible with your mobile device. Mend grants to you a non-exclusive, non- transferable, revocable license to use a compiled code copy of any Mend App for one Mend account on one mobile device owned or leased solely by you, for your personal, non-commercial use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mend App, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mend App to any third party or use the Mend App to provide time sharing or similar services for any third party; (iii) make any copies of the Mend App; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mend App, features that prevent or restrict use or copying of any content accessible through the Mend App, or features that enforce limitations on use of the Mend App; or (v) delete the copyright and other proprietary rights notices on the Mend App. You acknowledge that Mend may from time to time issue upgraded versions of the Mend App, and may automatically electronically upgrade the version of the Mend App that you are using on your mobile device. You consent to such automatic Mend upgrading on your mobile device, and agree that the terms and conditions of these Terms will apply to all such upgrades. Any third- party code that may be incorporated in the Mend App is covered by the applicable open source or third-party end user license agreement, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mend App or any copy thereof, and Mend or its third party licensors or suppliers retain all right, title, and interest in and to the Mend App (and any copy of the Mend App). You agree to comply with all United States and foreign laws related to use of the Mend App and the Service. Standard carrier data charges may apply to your use of the Mend App. If any Mend Software is being acquired on behalf of the United States Government, then the following provision applies: Use, duplication, or disclosure of the Mend Software by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. The Mend Software originates in the United States, and is subject to United States export laws and regulations. The Mend Software may not be exported or re- exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mend Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mend Software and the Service.

Mend App from iTunes 

The following also applies to any Mend App you acquire from the iTunes Store (“iTunes- Sourced Software”): You acknowledge and agree that these Terms are solely between you and Mend, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Service and any law applicable to Mend as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms of Service and any law applicable to Mend as provider of the software. You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party’s intellectual property rights, Mend, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Service. You and Mend acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service as they relate to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service as relates to your license of the iTunes-Sourced Software against you as a third party beneficiary thereof.

14.   Revisions; General

Mend reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between Mend and you pertaining to the subject matter hereof. In its sole discretion, Mend may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site.