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MEND SERVICES TERMS OF USE

Last revised March, 2021

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.

Your Privacy

When you use the Mend Services to interact with your Provider, the information you provide is subject to confidentiality obligations contained in the agreement between Mend and your Provider, which includes or incorporates confidentiality obligations imposed by applicable law. All such information is used by Mend strictly in the manner authorized by your Provider and solely for the purpose of permitting you to interact with your Provider.

Please consult the separate privacy policies and/or notices of privacy practices of your Provider for a description of how Provider uses your health information. Please contact your Provider directly with any and all inquiries respecting your medical records.

Your communications with your healthcare provider through the Mend Services are kept secure using measures designed to comply with applicable privacy regulations. Mend uses industry standard physical, technical and administrative security measures and safeguards to protect the confidentiality and security of your personal information. 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. A cookie is a small file containing a string of characters that is sent to your computer when you visit a website. When you visit the site again, the cookie allows the site to recognize your browser. Cookies may store unique identifiers, user preferences and other information. 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 are the property of Mend, or its licensors or suppliers, as applicable. The Mend Services are protected by United States and international copyright and trademark laws. The contents of the Mend Services, 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 Mend Services (“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 of Mend without Mend’s express written consent.

Access, Security and Restrictions

Your access to the Mend Services may be revoked by Mend or your Provider at any time with or without cause.

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 violate or attempt to violate the security of the Mend Services, including, without limitation, (i) accessing data not intended for your use or logging onto a server or an account which you are not authorized to access; or (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (iii) accessing or using the Mend Services or any portion thereof without authorization, in violation of these Mend Services Terms of Use or in violation of applicable law. You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data in the Mend Services, deep-link to any feature or content on the Mend Services, bypass any robot exclusion headers or other measures Mend may use to prevent or restrict access to the Mend Services.

You agree not to (i) modify, disassemble, decompile, prepare derivative works of, reverse engineer or otherwise attempt to gain access to the source code of the Mend Services; (ii) knowingly or negligently use the Mend Services in a way that abuses, interferes with, or disrupts the Mend Services; (iii) engage in activity that is illegal, fraudulent, false, or misleading, (iv) transmit through the Mend Services any material that may infringe the intellectual property or other rights of third parties; (v) use the Mend Services to communicate any message or material that is harassing, libelous, threatening, obscene, indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation; (vi) upload or transmit any software, Content or code that does or is intended to harm, disable, destroy or adversely affect performance of the Mend Services in any way or which does or is intended to harm or extract information or data from other hardware, software or networks of Mend or other users of Mend Services; (vii) engage in any activity or use the Mend Services in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the Mend Services, or any servers or networks connected to the Mend Services or Mend’s security systems, or (viii) use the Mend Services in violation of any policy of Mend or your Provider or in a manner that violates applicable law, including but not limited to anti-spam, export control, privacy, and anti-terrorism laws and regulations and laws requiring the consent of subjects of audio and video recordings.

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 Mend Services Terms of Use or violation of applicable law or your use or access of the Mend Services.

Electronic Communications

When you use the Mend Services, or send e-mails, text messages, and other communications to Mend, you are communicating with Mend electronically. 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.

DATA FEES AND TEXT MESSAGING RATES MAY APPLY TO YOUR USE OF THE MEND SERVICES AND COMMUNICATIONS WITH MEND BASED ON YOUR PLAN WITH YOUR MOBILE PHONE CARRIER.

Disclaimer of Warranties

MEND DOES DO NOT WARRANT THAT ACCESS TO OR USE OF THE MEND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. 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. MEND DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE MEND SERVICES. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE MEND SERVICES. 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.

Limitation of Liability Regarding Use of Mend Services

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, CONTENT OR INFORMATION CONTAINED WITHIN THE MEND SERVICES, 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 ANY HEALTHCARE PROVIDER. 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. The United States has not received an “adequacy” finding from the European Union under Article 45 of the GDPR. Mend limits the transfer of personal information from the European Economic Area (EEA) to specific situations set forth in Article 49 of the GDPR. Specifically, we collect and transfer your personal data to the U.S. only with your consent, to perform a contract with you, or to fulfill a compelling legitimate interest in a manner that does not outweigh your rights and freedoms. By providing personal information to us, you are consenting to its transfer, storage and use in the U.S. as described herein. We apply suitable safeguards to protect the privacy and security of personal data and to use it only as described in these Mend Services Terms of Use.

Children Under Age 13

If you are under the age of 13, please do not attempt to use the Mend Services without the supervision of your parent or guardian. If Mend learns that personal information has been collected by Mend from a child under the age of 13, that information will be promptly deleted.  If you believe personal information from a child under the age of 13 has been collected by Mend, please contact Mend using the methods described at the end of these Mend Services Terms of Use.

Dispute Resolution

In the event of any dispute or claim relating to the Mend Services or these Mend Services Terms of Use, you agree to resolution of such dispute in the state or federal courts located in state where the principal offices of your Provider are situated, in accordance with the laws of such state.

Changes to The Mend Services Terms of Use

The Mend Services Terms of Use may change from time to time. No changes to the Mend Services Terms of Use that reduce your privacy rights will be made without your consent in accordance with applicable law. Mend will provide you with notice of any changes to the Mend Services Terms of Use. If you do not agree with any changes to the Mend Services Terms of Use, you should discontinue using the Mend Services.

Questions and How to Contact Mend

If you have any questions, concerns, complaints or suggestions regarding the Mend Services or these Mend Services Terms of Use or otherwise need to contact us, please [Contact Us], email us at BestService@MendFamily.com, call us at 800-490-2788, or contact us by US postal mail at the following address:

Mend VIP, Inc.

4767 New Broad St.

Orlando, FL 32814