Terms of Use

Revised August 2016

These terms and conditions of use (“Terms of Use”) govern your use of our online interfaces and properties (e.g., websites and mobile applications) owned and controlled by MENDGROUP, INC. (“MENDGROUP”), including the www.mendgroup.com and www.mend.care websites (the “Sites”) and the services available to users through the Sites (“Services”). Your compliance with these Terms of Use is a condition to your use of the Sites. If you do not agree to be bound by the Terms of Use, promptly exit this Site.  You should also consult our Privacy Policy for a description of our privacy practices and policies, including how we collect and handle your personal health information and financial information.

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

MENDGROUP does not provide medical advice itself.  All the providers are independent contractors and medical professionals and are merely using MENDGROUP as a way to communicate with you. Any information or advice received from a Provider comes from them alone, and not from MENDGROUP. Your interactions with the physicians or providers through the Services are not intended to take the place of your relationship with your regular health care practitioners. Neither MENDGROUP nor any of its licensors or suppliers shall be liable for any damages or losses related to any medical diagnosis, treatment or professional advice obtained from a physician or provider nor for any damages or losses related to any other information obtained on the websites.  MENDGROUP does not endorse any specific tests, physicians, medications, products or procedures that are recommended by providers that may use MENDGROUP to communicate with you. You acknowledge that your reliance on any healthcare providers or information provided by the providers via the Service is solely at your own risk and you assume full responsibility for all associated risks.  MENDGROUP does not make any representations or warranties about the training or skill of any healthcare providers who provide services via the Service. You will be provided with a list of available providers located in the U.S. and you are ultimately responsible for choosing your provider.

1. Ownership Of The Sites And Related Materials

All pages within this Sites and any material made available for download are the property of MENDGROUP, or its licensors or suppliers, as applicable. The Sites are protected by United States and international copyright and trademark laws.

2. Electronic Communications

When you use any MENDGROUP 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.

3. Sites Access, Security and Restrictions; Passwords

If you create a subscriber account for the MENDGROUP Sites, you agree to complete the registration process by providing current, complete, and accurate information as required by MENDGROUP. You are responsible for all activities that occur under your account. In the event access to the Sites 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 MENDGROUP. 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 Sites may be revoked by MENDGROUP at any time with or without cause.

You are prohibited from violating or attempting to violate the security of the Sites, 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 Sites 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 MENDGROUP 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 Sites, deep-link to any feature or content on the Sites, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Sites. Violations of system or network security may result in civil or criminal liability. MENDGROUP 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 the Sites or any activity being conducted on the Sites.

You have reviewed and understand MendGroup’s documentation posted on its website identifying the strengths, weaknesses and limitations of its software and mobile application as it relates to your relative responsibilities for ensuring the security of your personal data when such data is at rest and in transit on, or through, MendGroup’s software or mobile application.

4. No Medical Advice from MENDGROUP

Virtual Care Group and Moonlighting Solutions provide clinical services for MENDGROUP, Inc. Virtual Care Group and Moonlighting Solutions are independent, physician-owned medical groups with a national network of United States based providers who provide clinical services via telemedicine. The Virtual Care Group provides clinical services exclusively via the MENDGROUP platform to customers of MENDGROUP.

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

THE CONTENT OF THE SITES 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 HEATH CARE PROFESSIONALS WITH ANY QUESTIONS OR CONCERNS YOU MAY HAVE REGARDING YOUR INDIVIDUAL NEEDS AND ANY MEDICAL CONDITIONS. ALL INFORMATION PROVIDED BY MENDGROUP OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY MENDGROUP, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS WITH MENDGROUP MEDICAL EXPERTS IS INTENDED TO BE FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND IS IN NO WAY INTENDED TO CREATE A PHYSICIAN – PATIENT RELATIONSHIP AS DEFINED BY STATE AND FEDERAL LAW. THE SITES AND SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL DIAGNOSIS OR TREATMENT. RELIANCE ON ANY INFORMATION APPEARING ON THE SITES, WHETHER PROVIDED BY MENDGROUP, ITS CONTENT PROVIDERS, MEDICAL EXPERTS, CLIENTS, VISITORS TO THE SITES OR OTHERS, IS SOLELY AT YOUR OWN RISK. WHILE MENDGROUP FACILITATES YOUR SELECTION OF, COMMUNICATIONS WITH AND OTHER INTERACTIONS WITH PHYSICIANS, MENDGROUP DOES NOT PROVIDE MEDICAL SERVICES AND THE DOCTOR-PATIENT RELATIONSHIP IS BETWEEN YOU AND THE HEALTHCARE PROVIDER YOU SELECT. ALL HEALTHCARE PROVIDERS IDENTIFIED OR ACCESSIBLE ON THE SITES ARE INDEPENDENT PROVIDERS AND ARE NOT EMPLOYED BY OR AFFILIATED WITH MENDGROUP.

5. License And Access

Subject to your compliance with these Terms of Use and your payment of any applicable fees, MENDGROUP or its content providers grant you a limited, non-exclusive, non-transferable, non-sub-licensable license to access and make personal and non-commercial use of the MENDGROUP Services. This license does not include any resale or commercial use of any MENDGROUP Service, or its contents; any collection and use of any service listings, descriptions, or prices; any derivative use of any MENDGROUP 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 Terms of Use are reserved and retained by MENDGROUP or its licensors, suppliers, publishers, rights holders, or other content providers. No MENDGROUP Service, nor any part of any MENDGROUP Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of MENDGROUP. 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 MENDGROUP without express written consent. You may not use any meta tags or any other “hidden text” utilizing MENDGROUP’s name or trademarks without the express written consent of MENDGROUP. You may not misuse the MENDGROUP Services. You may use the MENDGROUP Services only as permitted by law. The licenses granted by MENDGROUP terminate if you do not comply with these Terms of Use.

The Contents of the Sites, 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 Sites (“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 MENDGROUP. 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 MENDGROUP without our express written consent.

The Services are designed for and intended for users in the California.  MENDGROUP makes no representation that the information and services provided on the Services are applicable to, appropriate for, or available outside California. Accessing the Services from locations where it is not legal to do so is prohibited.

6. Accuracy and Integrity of Information

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

7. Links to Other Sites

MENDGROUP makes no representations whatsoever about any other website that you may access through this Sites. When you access a non-MENDGROUP site, please understand that it is independent from MENDGROUP, and that MENDGROUP has no control over the Content on that website. In addition, a link to a non- MENDGROUP website does not mean that MENDGROUP 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 Sites, you do this entirely at your own risk.

8. User Information and Payment Terms

If you submit, upload, post or transmit any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images or other materials to us or our Sites (“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 sites’ users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to MENDGROUP and its Providers that you have the legal right and authorization to provide all User Information to MENDGROUP and its Providers for use as set forth herein and required by MENDGROUP and the Provider.

You will be informed of any fees to be charged when applicable.  In the event we charge you a fee, the total fee will include two separate components: one part will cover time spent with providers (the “Professional Medical Services Fee”) and the other part will cover your use of the Services (the “Administrative Fee”). You will be responsible for providing a valid credit card number, expiration date, and card security code at the time you purchase a product or service.

In the event that you agree to a specific charge for any services you may utilize through MENDGROUP, you understand that you are financially responsible for any of said charges. You agree to allow MENDGROUP to have access to any information about you that is related to commercial health insurance that may be relevant to third party compensation for any services you request from or through MENDGROUP or an affiliate of MENDGROUP.  You represent and warrant by your signature below that you will only request services from MENDGROUP after you have reviewed your commercial health insurance or government payor coverage options, restrictions and cost sharing obligations that may relate to said services.  It is your responsibility to contact your insurance carrier or third party payor, when applicable, if there is a problem obtaining payment. You understand that if your insurance carrier does not submit payment within 30 days of the claim submission date, when applicable, you may be asked to pay for the charges.

You authorize the release of any medical information necessary to process any claims for services by MENDGROUP or an affiliate of MENDGROUP.  Also, you authorize payment of medical benefits to providers or supplier for services described. You understand that for certain services you may have an out of pocket expense depending upon how your insurance covers those services. This out of pocket expense may be in addition to your co-pay depending upon your insurance guidelines.

You understand that you may receive reimbursement or payment directly from your insurance carrier for billing submitted by and due to MENDGROUP or an affiliate of MENDGROUP. You agree that you will promptly remit the payment to MENDGROUP upon receipt of the check from your insurance carrier if you previously agreed to do so.

In the event full payment is not made for services rendered or in the event you fail to remit reimbursement payments received from your insurance carrier that are payable to MENDGROUP or an affiliate of MENDGROUP, you understand MENDGROUP may be forced to take collection or legal action. You agree you will be liable for additional expenses, such as legal fees, interest on the unpaid portion of your account balance, and collection fees.

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.

MENDGROUP 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 MENDGROUP ‘s Designated Copyright Agent, identified below.

Notices of Alleged Infringement for Content Made Available on the Sites

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 Sites 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 Sites 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:
    “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).””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 legal@mendgroup.com.

10. Disclaimer of Warranties

MENDGROUP DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITES WILL BE CORRECTED. THE SITES, 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. MENDGROUP 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 THE SITES, SITE-RELATED SERVICES, AND LINKED WEBSITES. MENDGROUP 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 Sites

MENDGROUP AND ANY THIRD PARTIES MENTIONED ON THE SITES 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 SITES, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITES, 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. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITES, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITES AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF MENDGROUP TO YOU WITH RESPECT TO YOUR USE OF THE SITES IS $1000 (ONE THOUSAND DOLLARS).

12. Dispute Resolution

MENDGROUP will try work in good faith to resolve any issue you have with Sites, including services ordered or purchased through the Sites, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction. In the event we cannot resolve a dispute between us, you agree that all matters related to any use or access of the Sites, the Services or any other MENDGROUP sites will be governed by the laws of the State of Washington, without regard to its conflicts of laws rules. You hereby waive any objections to such jurisdiction or venue. Any claims or controversies arising out of this Agreement, and/or the related use and access of the Sites, the Services or any other MENDGROUP site, shall be exclusively in the state courts of the King County, Washington.

13. Force Majeure

We will not be deemed to be in breach of these terms or liable for any breach of these terms or our privacy policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire or other disaster.

14. Indemnity

You agree to defend, indemnify and hold MENDGROUP harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by MENDGROUP arising out of your breach of these Terms of Use or violation of applicable law, or access by anyone accessing the Sites using your user ID and password. Notwithstanding the foregoing or anything to the contrary herein, MENDGROUP shall only exercise its rights in this Section after addressing applicable claims with Your employer or health plan should you be accessing the Sites or Services through your employer or health plan.

15. Right to Modify Revisions; General

MENDGROUP reserves the right to modify these Terms of Use at any time, effective upon posting. Any use of this website after such changes will be deemed an acceptance of those changes. You agree to review the Terms of Use each time you access this website so that you may be aware of any changes to these Terms. MENDGROUP uses Google Analytics, a third-party tracking service, which uses cookies to track non-personal identifiable information about our visitors to our main site in the aggregate to capture usage and volume statistics. MENDGROUP has no access to or control over these cookies. The companion Privacy Policy covers the use of cookies by MENDGROUP only and does not cover the use of cookies by any third-party. MENDGROUP reserves the right, in its sole discretion, to terminate your access to all or part of this Sites, 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 MENDGROUP and you pertaining to the subject matter hereof. In its sole discretion, MENDGROUP 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 Sites.