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Terms of Service for Practitioners

  1. INTRODUCTION

Welcome to MEND Marketplace, Inc. (“MEND”). MEND picks up where doctors leave off because when treatment ends, so does support. MEND is fixing the gaps in our broken healthcare system by providing a platform for curated information, products and services that help patients recover more quickly. MEND offers a Recovery Registry which allows family, friends and co-workers to contribute to a loved one’s recovery expenses. People in cancer treatment and those in recovery are linked to services including mental health treatment, oncology nutritionists, oncology physical therapists, oncology massage therapists, and strength and mobility training. Oncology experts share best practices that can help people to shape their health destinies. People can connect with others to share their concerns and exchange practical advice about what works and what doesn’t.

MEND provides independent practitioners access to a platform on which they can be listed as a preferred provider of services to cancer patients and survivors through the MEND website (“Website”), being listed in the Practitioner Directory (as defined below) or otherwise offering services under the MEND platform, subject to the following Terms of Service. By using our Website, you (“Practitioner”) agree to be bound by these Terms of Service. Please read them carefully. If you do not agree to these Terms of Service, do not apply to become a Practitioner listed on the MEND website.

Please note that MEND Marketplace, Inc. provides a public service to individual consumers who may access the MEND Marketplace, Inc. website (“Users”) for cancer recovery information, products, or services including to find a mental health provider, physical therapist, massage therapist, nurse coach, nutritionist, other body work practitioner or other practitioner listed in the MEND Marketplace, Inc. Practitioner Directory (the “Practitioner Directory”).

 

2. DESCRIPTION OF SERVICE AND TERMS

A. Practitioner Access and Benefits
MEND Marketplace, Inc. provides Practitioners with:

  • The Practitioner Directory is where a qualified practitioner can create a profile to advertise their “clinical practice” (psychotherapy, massage therapy, physical therapy, nutritional counseling, strength and mobility training, body work, coaching, etc.) to potential clients, consumers, and the general public.
  • Practitioners have access to consumers who need their services and can pay for those services directly or through MEND’s Recovery Registry.
  • Payment for services rendered to Users will be sent directly from MEND to the practitioner.
  • Customers interested in seeking services from a MEND preferred practitioner can review profiles and reach out to practitioners to discuss their needs and/or schedule an in person or video session if available.
  • Access to a community of practitioners providing services to cancer survivors for case consultation, self-care discussions, networking.

B. Practitionership with Mend Marketplace, Inc
Practitionership with MEND begins after a qualified practitioner completes the application process to have their practice listed on the MEND platform. In order to receive a directory listing and profile in the Practitioner Directory, a qualifying practitioner must meet the criteria for having a profile listing, complete all of the registration steps and have their profile approved by the MEND review team.

Practitioners must be duly licensed to provide services in any state in which they propose to accept clients, where licensure is required to provide said service. They must be licensed at a level allowing independent practice. Practitioners must maintain their license in good standing with the state licensing authority and it must be without restriction, limitations, sanctions, or disciplinary actions. Practitioners are obligated to practice within their professional and licensing authority code of ethics or conduct and any applicable rules and regulations. MEND reserves the right to remove practitioner profiles from the website if any of these conditions are not met. Practitioners must inform MEND of any changes to their licensure status. Practitioners must carry malpractice insurance where such insurance is required or customarily obtained by practitioners who provide said service.

Practitioner agrees that Practitionership cannot be given away, sold, willed or otherwise transferred or conveyed to any other person or entity. Practitionership terminates when Practitioner cancels their Practitionership or their Practitionership is canceled by MEND.

Practitioners may suspend their Practitionership for any reason(s) by contacting our Services team at services@mendafter.com. Practitioner will not be open for referrals during any period when their MEND account is suspended. A suspended account will automatically reactivate on the chosen suspension end date and the profile will be reactivated and open for referrals.

Practitioner acknowledges that the management fees (discussed below) and these Terms of Service for MEND Practitionership are subject to change, and that MEND Marketplace, Inc. reserves the right to revise such fee and terms under this contract at any time.

Practitioners may cancel their Practitionership at any time by completing the cancellation form. The purpose of the cancellation form is to confirm identity and to gather helpful feedback.

C. Management Fees
Management fees are charged to practitioners on a per session basis. These management fees are to support the MEND platform, market the practitioners’ practices to cancer survivors, cover administrative expenses and processing of payments to practitioners for services rendered to MEND users.
The management fee schedule is as follows:
Functional Medicine / Integrative Care Services (services must be provided in person) = $25 per session
Counseling Services (services can be provided in person or remotely = $15 per session
Bodywork Services (services must be provided in person) = $10 per session
Yoga Services (services must be provided in person) = $10 per session

MEND reserves the right to change the management fee schedule with 30 days-notice (provided as set forth in these Terms of Service) to a practitioner.

D. Payment for services rendered via sessions to clients – Practitioners will be paid monthly for all services rendered via a check to be mailed to the practice address listed or other reasonable method adopted by MEND. The management fee will be deducted from the amount owed to the practitioner. Services must be rendered prior to payment being issued.

E. Connecting Users to Practitioners: Users of the MEND platform will be able to browse through various practitioners and service provider profiles based on their needs. They will review practitioner and service provider profiles to choose a practitioner or service provider. Users will then reach out to practitioners based on the method described in their profile (telephone or email) as well as other methods that may be available through the MEND platform.

F. Messaging from MEND to practitioners
Practitioners may be sent service announcements and/or administrative messages from MEND via email. These communications are considered part of MEND Practitionership, and Practitioner will not be able to opt out of receiving them. These communications may be related to changes to administrative procedures, these Terms of Service, or other relevant information.

Former Practitioners listed with MEND may occasionally receive emails from MEND with offers to list their practice with MEND, to attend special events, such as conferences or webinars, or with other information. Practitioners authorize MEND to send these emails even after Practitionership has been terminated. Former practitioners may unsubscribe from future email correspondence by clicking on the unsubscribe link found in the footer of any email sent from MEND.

G. Quality Assurance Program:
Star Ratings and Reviews: Users will be able to leave a star rating for a practitioner. The star rating will be a 1 – 5 rating from Poor to Excellent. Users can also leave a written review for a practitioner. MEND will not change star rating or remove a review unless it contains profanity or other unacceptable language. Profile Improvement: Practitioners who are not receiving referrals can request that their profile be reviewed and suggestions be provided on improving their profile to make it more attractive, comprehensive or more accurately reflect the services offered.

 

3. AGREEMENT

Practitioner agrees that MEND is under no obligation to the Practitioner except to provide the access and services described in Section 2, above.

A. Relationship between Practitioner and Users
Upon receiving a call, email inquiry, or other contact from a User, the decision to provide therapy, treatment or other services to that User, and the type and content of such services, is a matter for the professional judgment of the practitioner. Similarly, nothing in these Terms of Service or any other documentation published by or on behalf of MEND shall be construed as a requirement that practitioners must provide services to Users who initiate contact with a practitioner through the MEND platform. Practitioners understand that it is each practitioner’s responsibility to determine if he or she should provide services to any User seeking such services. Practitioners further understand that all assessment and treatment, or any other service provided to any User, is done so independently and outside of MEND. Practitioners understand that MEND provides Users with contact information for practitioners and is in no way involved in the assessment or treatment provided by practitioners to Users or clients. Practitioners’ clients may continue to avail themselves of the other services available on the MEND platform, but for any clinical and/or medical services provided by the practitioners, they are considered clients of the practitioner and not Users of MEND. Practitioners further understand that by listing their services on the MEND platform, they are agreeing to the ability to accept private pay from Users, based on their relationship with Medicare or any other third-party payer.

B. Disclaimer
MEND makes no representations or warranties of any kind, either expressed or implied with regard to our Website, platform, their content, or their operations. To the fullest extent of the law, MEND disclaims all warranties, expressed or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Practitioner agrees that MEND has no liability of any kind whatsoever to Practitioner or to any individual, group, partnership, or corporation who may use its platform or services obtained through its platform.

C. Assumption of Liability
Practitioner agrees to assume all liability for directory profiles and all other listings and other content published (including information, illustrations, files, images, claims, data, text, software, music, sound, photographs, graphics, video, messages, or other materials) or made available through the Website or the MEND platform, including among other things directory profiles and listings that MEND has edited (“Content”), and agrees to assume any and all responsibility for claims occurring therefrom against MEND.

D. Sharing of Practitioner Personal Information
Practitioner agrees that all practitioner personal information entered by the Practitioner and stored by MEND may be transferred or shared in the event that MEND should be sold or enter into a joint venture or other business arrangement with another organization, corporation, or individual.

E. Indemnification.
Practitioner agrees to indemnify, hold harmless, and defend MEND and its licensors, suppliers, officers, owners, managers, directors, employees, agents, affiliates, subsidiaries from and against any and all liability, loss, claim, damages, expense, or cost (including but not limited to attorneys’ fees),including, but not limited to, any claims by third parties who may use Practitioner’s services, incurred by or made against the Indemnified Parties in connection with any claim arising from or related to (a) Practitioner’s use of the Website or the MEND platform, the placement, posting, or transmission of any messages, information, content, or other materials on or through the Website or the MEND platform by Practitioner or users of Practitioner’s account, (b) Content, whether the Practitioner’s Content has been edited by MEND or not, including the editing, altering, or changing of Practitioner’s profile or listing (including text, content, grammar, and spelling changes) made by the MEND editorial team or others, and (c) any breach or violation of these Terms of Service by Practitioner or users of Practitioner’s account.

F. Intellectual Property Rights
Practitioner shall not have any intellectual property rights in any content created by or on behalf of MEND. Practitioner shall not infringe any intellectual property rights of the others through its use of the Website or the MEND platform.

G. Practitioner’s Practitionership Duties, Obligations, and Limitations
Practitioner agrees to provide true, accurate, current, and complete information about themselves and their professional practice as prompted by the MEND platform’s sign up procedure and to maintain and update his or her directory profile and listing data to keep it true, accurate, current, and complete.

Practitioner agrees to notify MEND in writing or by email if Practitioner’s professional license has been suspended, revoked, limited, restricted or expired or if there has been any other change to Practitioner’s credentials and licensing status. If applicable, it is also the Practitioner’s responsibility to keep their profile up to date with their correct license and credential information, including the type of license, license number, and the State or other jurisdiction in which the license is valid.

Practitioner agrees that MEND has the right to suspend or terminate your Practitionership and refuse any and all current or future use of the Website or MEND Platform for any or no reason and without prior notice.

Practitioner agrees that MEND reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any service (or any part thereof) provided through the Website or MEND Platform with or without notice. Practitioner agrees that MEND shall not be liable to Practitioner or to any third party for any modification, suspension, or discontinuance any service (or any part thereof) provided through the Website or MEND Platform.

Practitioner agrees that MEND reserves the right to modify and update Practitioner profile information, including, but not limited to, profile narrative, other text, insurance and contact information, and any other content that Practitioner has submitted or not submitted, in an effort to increase accuracy, reduce spelling and grammar errors, improve the overall quality of the narrative, and to increase the number of potential referrals for Practitioners. Practitioner agrees that there is no guarantee that the changes MEND makes to profile narrative text content will achieve the above-mentioned objectives. MEND, at its discretion, may or may not provide notice to Practitioners of any such edits.

Practitioner agrees that the listing space provided to Practitioner will not be sublet to others, nor used for other purposes than herein named.

Practitioner agrees that any links to third party sites are provided solely for convenience. Such sites are not under the control of MEND and MEND is not responsible for their content, any changes or updates to them, or the collection of any personal data or information by the operators of such sites.

Practitioner agrees that these Terms of Service may be periodically reviewed and updated by or on behalf of MEND and that it is the Practitioner’s responsibility to stay abreast of these changes. Practitioner is responsible for comporting their usage of the Website and MEND Platform to the most current Terms of Service.

H. Electronic Communications
Practitioner consents to receive communications from MEND electronically. MEND will communicate with you by email or by posting notices on this Website. Practitioner agrees that all agreements, notices, disclosures, and other communications that MEND provides to Practitioner electronically satisfy any legal requirement that such communications be in writing and that notice be provided by MEND to Practitioners of the applicable matters.

I. Prohibitions
Practitioner agrees to not use the Service to:

  • upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
  • upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
  • upload, post, email, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • intentionally or unintentionally violate any applicable local, state, national, or international law;
  • create a competing website offering the same or substantially similar services to those provided through our Website or Service;
  • decompile, disassemble, or reverse engineer our Website, the MEND platform, and any related software found herein;
  • redistribute our Content in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism;
  • provide or attempt to provide any therapy, health care or related services to any individual;
  • publish or distribute personal information about any other User.

J. HIPAA Compliance
MEND does not provide services or gather information that are covered by Health Insurance Portability and Accountability Act (HIPAA). Practitioner will not take any action that might cause MEND to become subject to HIPAA. Without limiting the generality of the foregoing, Practitioners agree that they will not link MEND. with any personally identifiable health information, treatment information, or other data from potential or actual clients. Any information related to the provisioning of medical or mental health services shall be strictly kept off the Website and the MEND platform.

K. Miscellaneous Legal Provisions
Practitioner agrees that these Terms of Service, the Practitionership and placement and publication of information and content on the Website or the MEND platform are governed be the laws of the State of New York. Practitioner agrees that the Borough of Manhattan, New York, New York shall be the forum for any legal action relating to our Website, the MEND platform, Content, Service, any listings placed or published, or these Terms of SErvice. Any cause of action by you with respect to our Website, the MEND platform, Content, or Service, must be instituted within one year after the cause of action arose or be forever waived and barred. Should any part of this Terms of Service be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Terms of Service, this Terms of Service shall take precedence. The failure of MEND to enforce any provision or right of these Terms of Service will not constitute a waiver of such provision or right.

Practitioner also acknowledges the existence of the Terms of Service and its Terms of Use outlines the service and use conditions applicable to all users of the Website and the MEND platform and agrees, by virtue of using the Website or the MEND platform, to all of the conditions contained in the Terms of Service and Terms of Use Agreements.

Except as otherwise provided in these Terms of Service, these Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

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Last Update: 4/10/18