Revision Date: February 1, 2014
Welcome to the MINDOULA HEALTH, INC. (“MINDOULA HEALH”) web site (the “Site”).
Use of the Site and the Services (as defined below) – NOT FOR MEDICAL EMERGENCIES. This Site and the Services (as defined below) are not for use for medical emergencies or urgent medical situations. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.
MINDOULA HEALTH provides via the Site certain on-line, behavioral health-related information and is a provider of technology that enables Member access to behavioral health case management services provided by behavioral health specialists employed by MINDOULA HEALTH or independently contracted to participate in the Site. MINDOULA HEALTH also provides related informational and medical services that are provided by the physicians who have independently contracted to participate in the Site; and who have agreed to provide such services to the Site Members at negotiated contract rates, using the tools and technology provided by MINDOULA HEALTH, which include but are not limited to, member, family, and physician access to electronic medical and health record storage and retrieval, and member-care manager and member-physician communications by secure e-mail, telephone and/or web video where available (hereinafter, the “Services”)
As used in these Terms and Conditions, references to “MINDOULA HEALTH” means and includes MINDOULA HEALTH, INC. and its affiliated entities. As used in these Terms and Conditions “you” or “your” means you, your dependent(s), if they are included in the plan that you have purchased, and any other person accessing your Site account. These Terms and Conditions apply to your use of the Site and, to the extent referenced, to your registration for, subscription to, and use of the Services.
THE SERVICES DO NOT INCLUDE THE PROVISION OF MEDICAL EVALUATION, DIAGNOSIS, TREATMENT OR CARE BY MINDOULA HEALTH. RATHER SUCH SERVICES ARE PROVIDED AT THE DISCRETION OF THE PHYSICIANS THAT INDEPENDENTLY CONTRACT TO PARTICIPATE IN THE SITE. NOR DO THE SERVICES INCLUDE THE PROVISION OF THERAPEUTIC TREATMENT OR CARE BY MINDOULA HEALTH. RATHER SUCH SERVICES ARE PROVIDED AT THE DISCRETION OF THE PROVIDERS THAT INDEPENDENTLY CONTRACT TO PARTICIPATE IN THE SITE.
This is not insurance or a Qualified Health Plan under the Patient Protection and Affordable Care Act (PPACA), or a full replacement for a primary care physician, psychiatrist, or therapist. Completion of a current Baseline Physical Health Self Assessment is required prior to a Member receiving a Diagnostic Consultation by a primary care physician. All services are subject to network physician discretion, and, as applicable, the network therapist discretion, applying clinical judgment and any limitations by law.
Eligibility to Register on the Site, Subscribe to the Services and Use this Site and/or the Services.
You represent that you are at least 18 years of age.
You also represent that you are not a person barred from enrolling for and/or receiving Services under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Site and/or the Services is limited to users in the United States. However, recognizing the global nature of the Internet, it may be possible to access and/or use the Site and/or the Services outside of the United States. In the event of such access and/or use, you agree to comply with all local rules regarding online conduct and transmission of information, including, without limitation, all applicable laws regarding the transmission of technical data exported from the United States or any other jurisdiction, and you acknowledge that MINDOULA HEALTH makes no representation or warranty that it, any of the Services, or any information on the Site or transmitted via a Service is lawful in any jurisdiction outside the United States.
To register on the Site, to subscribe to the Services and to use this Site and the Services, you agree: (i) to comply with these Terms and Conditions, (ii) to fully, accurately and truthfully complete the registration profile, including, but not limited to, your name, mailing address, phone number and email address (which must be valid) (“Personal Contact Information”), (iii) to fully, accurately and truthfully complete all other items requested or required when setting up your account (e.g. Baseline Self Assessment and Baseline Physical Health Assessment), (iv) to fully, accurately and truthfully complete any other items requested or required when you use the Site or the Services, (vi) to set your Internet browser to accept “cookies” from the Site, and (v) that by registering on the Site, subscribing to the Services and/or using the Site or the Services you are agreeing to opt-in to the receipt of communications, such as newsletters and offers, by mail or email from MINDOULA HEALTH. If you do not wish to receive such communications, you may opt-out at any time. See “CAN-SPAM ACT Compliance,” below.
In order to determine your compliance with these Terms and Conditions and the Privacy Notice we reserve the right, but not the obligation, to monitor your access to and use of the Site and the Services. MINDOULA HEALTH may, in its sole discretion, refuse to accept your registration or subscription due to noncompliance with any eligibility or subscription requirement.
Use of the Site and Services – NOT FOR MEDICAL EMERGENCIES. The Site and Services are not for use for medical emergencies or urgent medical situations. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.
Limitations on Use.
You agree not to: (i) access the Site or use the Services in an unlawful way or for any unlawful purpose, (ii) post or transmit (a) a message or any information under a false name, or (b) any data, materials, content or information (including, without limitation, advice and recommendations) (collectively, “Information”) which (1) is libelous, defamatory, obscene, fraudulent, false or contrary to the ownership or intellectual property rights of any other person, or (2) contains or promotes any virus, worm, Trojan horse, time bomb or other computer programming or code that is designed or intended to damages, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site or the Services, personal information, software, equipment, servers or Information or facilitate or promote hacking or similar conduct, (iii) impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity, (iv) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Site or the Services, (v) use robots or scripts with the Site, (vi) or attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code, Information on or received by this Site, or (vii) to have anti-virus and/or anti-spyware software running that is set to override the Internet browser’s cookie settings.
You further agree that any Information you provide or use on the Site, and your use of the Site or the Services, will not infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties. MINDOULA HEALTH may delete any Information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, and obscene or in violation of a copyright, trademark or other intellectual property or ownership right of any other person.
Your Account. You are solely responsible for maintaining the confidentiality of your password and for all activities that occur under your password. You agree to prohibit anyone else from using your password and to immediately notify MINDOULA HEALTH in writing of any unauthorized use of your password or other security concerns of which you become aware.
Electronic Medical Record. Your Site Electronic Medical Record (“Electronic Medical Record”) is created for you to store and access your personal health information online, including behavioral and medical health conditions, allergies and medications, and for your care manager and consulting physicians to record the results of his or her virtual encounter with you in accordance with his or her obligations under applicable state and federal law with regard to creating and maintaining your medical record. ALL CASE MANAGEMENT, INFORMATIONAL, AND DIAGNOSTIC CONSULTATIONS ARE RECORDED, whether by telephone or web video, and the recordings become part of your Electronic Medical Record. You agree to provide accurate and complete information for your Electronic Medical Record, to periodically review such information, and to update information that you provide as needed. For additional information regarding use of your Electronic Medical Record, please see the Privacy Notice. It is your responsibility to confirm any third party information in your Electronic Medical Record.
PLEASE NOTE THAT THE CASE MANAGER AND AFFILIATED PROVIDER EACH HAVE AN OBLIGATION TO USE AND DISCLOSE THE INFORMATION INCLUDED IN YOUR ELECTRONIC MEDICAL RECORD IN ACCORDANCE WITH APPLICABLE STATE AND FEDERAL LAW, INCLUDING, WITHOUT LIMITATION, OBTAINING ANY CONSENTS OR AUTHORIZATIONS THAT MAY BE REQUIRED FOR YOUR ELECTRONIC MEDICAL RECORD TO BE SHARED WITH OTHERS.
THEREFORE, BY ACCEPTING THESE TERMS AND CONDITIONS, YOU HEREBY CONSENT TO AND AUTHORIZE DISCLOSURE OF YOUR ELECTRONIC MEDICAL RECORD TO ANY CASE MANAGER OR PROVIDER PARTICIPATING IN THE SITE FOR THE PURPOSE OF PROVIDING YOU A CARE MANAGEMENT AND MEDICAL AND/OR THERAPEUTIC CONSULTATIONS.
FURTHER, BY ACCEPTING THESE TERMS AND CONDITIONS, YOU HEREBY CONSENT TO AND AUTHORIZE DISCLOSURE OF YOUR ELECTRONIC MEDICAL RECORD TO MINDOULA HEALTH INC.’S SVP, MEDICAL AFFAIRS, CHIEF EXECUTIVE OFFICER, AND SVP, TELEHEALTH OPERATIONS FOR THE PURPOSE OF CONDUCTING ANY APPLICABLE COMPLIANCE REVIEW.
Fraud Prevention and Security. MINDOULA HEALTH may contact you by telephone, mail or email to verify your Personal Contact Information. MINDOULA HEALTH reserves the right to request further information from you and you agree to provide such further information, to ensure you have not fraudulently completed your registration on the Site or subscription to the Services. If you do not provide this information to MINDOULA HEALTH and in the manner requested within fourteen (14) days of such request, MINDOULA HEALTH may reject your registration and subscription or suspend your registration and subscription until you satisfactorily comply with MINDOULA HEALTH’s information request.
Prescriptions. No prescriptions are issued during an Informational Consultation with a primary care physician. During a Diagnostic Consultation with a primary care physician, whether by telephone or web video where available, network physicians shall use their independent clinical discretion, within the bounds of any state and federal laws, in issuing prescriptions as deemed medically appropriate. As with all Diagnostic Consultations, you will be required to accurately and fully complete an online Baseline Physical Health Assessment before being connected to the Network physician. NOTE: Federal and state laws restrict Network physicians from prescribing controlled substances. A list of controlled substances is available at: http://www.deadiversion.usdoj.gov/schedules/. You agree that any prescriptions that you acquire from a physician shall be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription.
Intellectual Property. MINDOULA HEALTH hereby grants you a limited, revocable, non-transferable and non-exclusive license limited solely to viewing or downloading a single copy of the material on the Site and to use the MINDOULA HEALTH software to the extent necessary to use the Services solely for your personal, noncommercial use. With the exception of your Electronic Medical Record, which MINDOULA HEALTH maintains for your use and benefit as well as for the use and benefit of the care managers and the network physicians who provide Diagnostic Consultations to you, MINDOULA HEALTH retains all right, title and interest in and to the Services and any Information, products, documentation, software or other materials on the Site, and any patent, copyright, trade secret, trademark, service mark or other intellectual property or proprietary right in any of the foregoing, except for Information on the Site licensed by MINDOULA HEALTH, and in that case, the license provider retains all right, title and interest therein. The information available through the Site and the Services is the property of MINDOULA HEALTH, or if licensed by MINDOULA HEALTH, the license provider. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate such information to anyone. Use, reproduction, copying, or redistribution of MINDOULA HEALTH’S trademarks, service marks and logos is strictly prohibited without the prior written permission of MINDOULA HEALTH. The immediately foregoing sentence also applies to any third party trademarks, service marks and logos posted on the Site. Nothing contained on the Site should be construed as granting, by implication, estoppel, waiver or otherwise, any license or right to use any trademarks, service marks or logos displayed on the Site without the written grant thereof by MINDOULA HEALTH or the third party owner of such trademarks, service marks and logos. The Site may contain other proprietary notices and copyright information, the terms of which you must and agree to follow.
CAN-SPAM ACT Compliance. We are committed to being compliant with the “Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003” (“CAN-SPAM Act”), and e-mail newsletters and correspondence received from us are intended to fully comply with the CAN-SPAM Act. In the event you receive an e-mail from us which you do not believe is fully compliant with the CAN-SPAM Act, please contact us immediately at the address listed below under the section “Notices and How to Contact Us.” Click to unsubscribe or opt-out of e-mail communications from MINDOULA HEALTH at any time or type “unsubscribe” in e-mails you receive from MINDOULA HEALTH.
HOWEVER, NOTE: YOU CANNOT OPT-OUT FROM RECEIVING FURTHER COMMUNICATIONS FROM MINDOULA HEALTH IF YOU WISH TO SUBSCRIBE TO OUR SERVICES. IF YOU OPT-OUT OR UNSUBSCRIBE WHILE SUBSCRIBED TO OUR SERVICES, YOU WILL BECOME INELIGIBLE FOR THE RECEIPT OF AND USE OF OUR SERVICES.
Right to Change Terms and Conditions. MINDOULA HEALTH may, at any time and from time to time, in its sole discretion, change these Terms and Conditions. Any changes to these Terms and Conditions will be effective immediately upon posting of the changed Terms and Conditions on the Site. You agree to review these Terms and Conditions periodically, and your use of the Site following any such change constitutes your agreement to follow and be bound by such changed Terms and Conditions.
Term and Termination. These Terms and Conditions shall commence upon the date you first access the Site. Either you or MINDOULA HEALTH may terminate these Terms and Conditions and your right to use the Services at any time in writing, with or without cause. These Terms and Conditions and the licenses granted hereunder shall terminate without notice in the event you fail to comply with the terms and conditions of these Terms and Conditions, as revised from time to time. Upon any termination, you shall destroy all copies of MINDOULA HEALTH Information in your possession and cease any access to or use of the Services. If you terminate these Terms and Conditions and thereafter access the Site, you shall be subject to the Terms and Conditions posted on the Site at that time.
Legal Notices and Disclaimers.
Medical Disclaimers. MINDOULA HEALTH makes no representation or warranty as to the content of any care management response or treatment response from any Network physician or therapist. With respect to member-physician medical consultations, and therapeutic consultations with a therapist, you and the Network provider are solely responsible for all information and/or communication sent during a telephone or web video consultation, secure email consultation or other communication. MINDOULA HEALTH does not guarantee that a telephone or web video medical consultation or therapeutic consultation or secure email consultation is the appropriate course of medical or therapeutic treatment for your particular behavioral or medical health care problem. You agree to contact your primary care physician, psychiatrist, and therapist immediately should your condition change or your symptoms worsen. If you require urgent psychiatric or other medical care, you should contact your local emergency services immediately. MINDOULA HEALTH annually verifies the state licensing status for all participating physician providers.
You should not use Information found on this Site to replace a relationship with a physician or other healthcare professional and should not rely on the foregoing as professional medical advice. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition, and before starting, stopping or modifying any treatment or medication. In the case of a medical health emergency, seek immediate assistance from emergency personnel. Never delay obtaining medical advice or disregard medical advice because of something you have or have not read on this Site.
NEITHER THIS SITE NOR MINDOULA HEALTH PROVIDE MEDICAL OR THERAPEUTIC ADVICE. THE NETWORK PHYSICIANS AND THERAPISTS ARE NOT EMPLOYEES OF MINDOULA HEALTH AND ARE DIRECTLY RESPONSIBLE FOR THE QUALITY AND APPROPRIATENESS OF THE CARE THEY RENDER DIRECTLY TO YOU. The Information and the Services provided on or through this Site are intended solely as a general educational aid and to assist you in connecting with a provider that, subject to his or her professional responsibilities, may or may not provide you with medical or therapeutic advice. The Information and Services are not medical or health care advice for any individual problem or a substitute for medical or other professional advice and services from a qualified health care provider. Your use of this Site is not intended to create a physician- patient nor therapist-client relationship. Nothing contained in this Site is intended to be used for medical diagnosis or treatment or construed, directly or indirectly, as the practice of medicine or therapy or dispensing of medical or therapeutic services by MINDOULA HEALTH. Information contained in this Site is compiled from a variety of sources and may or may not be considered authored by MINDOULA HEALTH. MINDOULA HEALTH makes no representation or warranty as to any such Information.
While MINDOULA HEALTH attempts to keep all the Information on this Site up-to-date, medical treatment and knowledge change quickly, and this Site should not be considered error-free or as a comprehensive source of all Information on a particular topic. MINDOULA HEALTH makes no warranties or representations as to the accuracy of the Information in the Site, and assumes no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon the information and material on this Site. Your use of this Site is subject to the additional disclaimers and caveats that may appear throughout these Terms and Conditions and the Site. You assume the entire risk of loss in using this Site and Information contained on the Site.
Features and specifications of products or services described or depicted on the Site are subject to change at any time without notice.
Certain of the Information about health conditions on this Site are provided by third parties, who have not reviewed and do not endorse any information, products, or services other than those clearly marked as being from them. You are responsible for reviewing and complying with all third parties’ terms and conditions, licenses, policies posted on or linked to and from this Site.
YOU ACKNOWLEDGE THAT YOUR USE OR MISUSE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH. ALL INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON OR PROVIDED THROUGH THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MINDOULA HEALTH AND ITS MEMBERS, SHAREHOLDERS, DIRECTORS, MANAGERS, EMPLOYEES, OFFICERS, CONTRACTORS, AGENTS AND REPRESENTATIVES (COLLECTIVELY, “AFFILIATES”) HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND FREEDOM FROM COMPUTER VIRUS STRAINS. WITHOUT LIMITING THE FOREGOING, MINDOULA HEALTH MAKES NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE INFORMATION, PRODUCTS, AND SERVICES PROVIDED HEREUNDER. WITHOUT LIMITATION OF THE FOREGOING, MINDOULA HEALTH SPECIFICALLY DISCLAIMS ALL LIABILITY FOR THE ACTS OR OMISSIONS OF ANY NETWORK PHYSICIANS OR OTHER PROVIDERS PROVIDING MEDICAL CARE TO SUBSCRIBERS.
You acknowledge and agree that MINDOULA HEALTH is not responsible for (i) any printing, typographical or technological errors regardless of the matter, media, material or form thereof, (ii) electronic, human, equipment programming or other error, omission, interruption, defect or delay which may occur regardless of the matter, media, material or form thereof, (iii) incorrect, inaccurate, late, lost, stolen, illegible, incomplete or misdirected matters or INFORMATION regardless of the matter, media, INFORMATION or form thereof, (iv) technical failures of any kind, (v) inadvertent loss of INFORMATION; and/or (vi) unauthorized human intervention in any part, material or process or otherwise.
MINDOULA HEALTH MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT: THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS; OR ANY TREATMENT, ACTION OR APPLICATION OR PREPARATION OF MEDICATION BASED ON INFORMATION OFFERED OR PROVIDED THROUGH THE SERVICES.
MINDOULA HEALTH does not warrant or validate the Information of any third party’s advertisements, promotions, communications, or other materials. MINDOULA HEALTH does not assume any responsibility or liability for the accuracy of Information contained in the Site or as stated above under “Third Party Web Sites.”
Limitation of Liability. IN NO EVENT SHALL MINDOULA HEALTH BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF (i) THE PRICE OF ONE (1) MONTH’S SUBSCRIPTION FOR YOUR SUBSCRIPTION PLAN, OR (ii) IN THE EVENT NO SUBSCRIPTION PRICE WAS PAID OR REQUIRED, THE SUM OF THIRTY DOLLARS ($30.00). IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MINDOULA HEALTH BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF THE SERVICES OR LOSS OF INFORMATION, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THIS SITE OR ANY SERVICE OFFERED OR PROVIDED THROUGH THIS SITE OR BY OTHER MEANS OR ANY INFORMATION OR PRODUCTS CONTAINED IN, ACCESSED THROUGH, OR PRODUCTS PURCHASED OR SERVICES SUBSCRIBED TO ON THIS SITE OR OTHERWISE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF MINDOULA HEALTH IS ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF THE SAME. TO THE EXTENT CERTAIN JURISDICTIONS RESTRICT ANY OF THE ABOVE LIMITATIONS OF LIABILITY; SUCH LIMITATIONS SHALL NOT APPLY IN SUCH JURISDICTIONS TO THE EXTENT OF SUCH RESTRICTIONS. YOU ACKNOWLEDGE AND AGREE THAT MINDOULA HEALTH’S AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES AND IN CIRCUMSTANCES WHERE THE FOREGOING LIMITATION IS FINALLY DETERMINED TO BE UNAVAILABLE, SHALL NOT EXCEED THE SUBSCRIPTION PRICE PAID BY YOU FOR THE ONE (1) MONTH PERIOD PRIOR TO THE TIME OF THE FIRST OCCURRENCE OF THE SUBJECT DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES.
INDEMNIFICATION. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS MINDOULA HEALTH AND ITS AFFILIATES FROM AND AGAINST ANY AND ALL RIGHTS, DEMANDS, LOSSES, LIABILITIES, DAMAGES, CLAIMS, CAUSES OF ACTION, ACTIONS AND SUITS (NO MATTER WHETHER AT LAW OR EQUITY), FEES, COSTS AND ATTORNEYS’ FEES (INCLUDING APPELLATE LEVEL) OF ANY KIND WHATSOEVER ARISING DIRECTLY OR INDIRECTLY, OUT OF OR IN CONNECTION WITH (i) YOUR USE OR MISUSE OF THIS SITE OR THE SERVICES OR ANY INFORMATION POSTED ON THE SITE, (ii) YOUR SUBSCRIPTION, (iii) YOUR BREACH OF THE TERMS AND CONDITIONS OR THE PRIVACY NOTICE, (iv) YOUR RELATIONSHIP WITH ANY CASE MANAGER OR NETWORK PHYSICIAN, (v) THE CONTENT OR SUBJECT MATTER OF ANY INFORMATION YOU PROVIDE TO MINDOULA HEALTH, ANY OF ITS AFFILIATES, ANY CASE MANAGER, NETWORK PHYSICIAN, OR CUSTOMER SERVICE REPRESENTATIVE, AND/OR (vi) ANY NEGLIGENT OR WRONGFUL ACT OR OMISSION BY YOU IN THE USE OR MISUSE OF THIS SITE OR THE SERVICES OR ANY INFORMATION POSTED ON THIS SITE, INCLUDING WITHOUT LIMITATION, INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS OR PRIVACY RIGHTS
Waiver. YOU AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Force Majeure. Notwithstanding anything herein to the contrary, MINDOULA HEALTH shall not be liable for any losses arising out of the delay or interruption of its performance of any obligations due to any act of God, act of governmental authority, act of public enemy, war, riot, flood, civil commotion, insurrection, severe weather conditions, or any other cause beyond its reasonable control.
No Third Party Rights. Unless expressly stated in these Terms and Conditions or in the Privacy Notice to the contrary, nothing herein or in the Privacy Notice is intended to confer any rights or remedies under or by reason of these Terms and Conditions or the Privacy Notice on any persons other than you, MINDOULA HEALTH and its Affiliates. Nothing in these Terms and Conditions and the Privacy Notice is intended to relieve or discharge the obligation or liability of any third persons to any of you, MINDOULA HEALTH or its Affiliates, nor shall any provision give any third persons any right of subrogation or action over or against you, MINDOULA HEALTH or its Affiliates.
Privacy. By accepting these Terms and Conditions, you consent to the collection, use and disclosure of your personally identifiable information and personally identifiable health information provided to us as outlined in the Privacy Notice, which is incorporated herein and made a part of these Terms and Conditions by reference. You may view the Privacy Notice.
Operation and Record Retention. MINDOULA HEALTH reserves complete and sole discretion with respect to the operation of the Site and the Services. MINDOULA HEALTH may, among other things, withdraw, suspend or discontinue any functionality or feature of the Site or the Services. MINDOULA HEALTH is not responsible for transmission errors or corruption or compromise of Information carried over local or interchange telecommunication carriers. MINDOULA HEALTH is not responsible for maintaining Information arising from use of the Site or in respect of the Services. MINDOULA HEALTH reserves the right to maintain, delete or destroy all communications and Information posted or uploaded to the Services pursuant to its internal record retention and/or destruction policies.
Entire Agreement; Headings and Construction; Severability. These Terms and Conditions and the Privacy Notice constitute the sole and only agreement of you and MINDOULA HEALTH and supersede any prior understandings or written or oral agreements between you and MINDOULA HEALTH with respect to their subject matter and constitute a complete and exclusive statement of the terms of the agreement between you and MINDOULA HEALTH with respect to their subject matter. The headings contained in these Terms and Conditions and the Privacy Notice are for convenience of reference only and shall not limit or otherwise affect in any way the meaning or interpretation of these Terms and Conditions and the Privacy Notice. The provisions of these Terms and Conditions and the Privacy Notice are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions, but such provision shall be reformed, if reasonably possible, only to the extent necessary to make it enforceable.
Assignment and Waiver. You may not assign, transfer or delegate these Terms and Conditions or the Privacy Notice or any part of them without MINDOULA HEALTH’s prior written consent. MINDOULA HEALTH may freely transfer, assign or delegate all or any part of these Terms and Conditions and the Privacy Notice, and any rights and duties hereunder or thereunder. These Terms and Conditions and the Privacy Notice will be binding upon and inure to the benefit of the heirs, successors and permitted assignees of the parties. Failure to exercise or delay in exercising any right hereunder, or failure to insist upon or enforce strict performance of any provision of these Terms and Conditions or the Privacy Notice, shall not be considered waiver thereof, which can only be made by signed writing. No single waiver shall be considered a continuing or permanent waiver.
Governing Law; Jurisdiction and Venue.
These Terms and Conditions and the Privacy Notice shall be governed by and construed in accordance with the laws of the State of Maryland, as amended from time to time, without regard to principles of conflicts of law. Any civil action or legal proceeding arising out of or relating pursuant to these Terms and Conditions or Privacy Notice shall be brought in the applicable Federal or State courts located in Montgomery County, MD. Each party consents to the jurisdiction of such court in any such civil action or legal proceeding and waives any objection to the laying of venue of any such civil action or legal proceeding in such court. Service of any court paper may be affected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules. Any cause of action or claim you may have with respect to MINDOULA HEALTH must be commenced within one (1) year after it arises, except to the extent such limitation is not enforceable.
This Web site can be accessed from the United States and other countries worldwide. Since the laws of each State or country may differ, you agree that the statutes and laws of the State of Maryland, without regard to any principles of conflicts of law, will apply to all matters relating to your use of this Site. MINDOULA HEALTH makes no representation that Information or services provided on or through this Site are appropriate or available for use in other locations, and accessing them from territories where such Information is illegal is prohibited. If you choose to access the Site from other locations, you do so, on your own initiative and are responsible for compliance with local laws.
Enforcement Costs. If any civil action or other legal proceeding is brought for the enforcement of any of these Terms and Conditions or the Privacy Notice or because of an alleged dispute, breach, default or misrepresentation in connection with any provision of any of these Terms and Conditions or the Privacy Notice, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees, sales and use taxes, court costs and all expenses even if not taxable as court costs (including, without limitation, all such fees, taxes, costs and expenses incident to arbitration, appellate, bankruptcy and post-judgment proceedings), incurred in that proceeding, in addition to any other relief to which such party or parties may be entitled. Attorneys’ fees shall include, without limitation, paralegal fees, investigative fees, administrative costs, sales and use taxes and all other charges billed by the attorney to the prevailing party (including fees and costs associated with collecting such amounts).
Arbitration. Any dispute arising out of or relating to this Agreement, including the breach, termination or validity hereof, shall be finally resolved by arbitration in accordance with the rules of the JAMS Resolution Center, by a single arbitrator who shall be reasonably acceptable to all parties. The arbitration will be governed by the Federal Arbitration Act, 9 U.S.C. 1-16, and judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. The place of the arbitration shall be in Montgomery County, Maryland.
Notices and How to Contact Us. MINDOULA HEALTH may provide notice to you by e-mail to the e-mail address you provided during registration, by a general notice on the Site, or by written communication delivered by first class U. S. mail or express courier to your address on record in the MINDOULA HEALTH account information. You may give notice to MINDOULA HEALTH at any time by clicking on this link, Notice which will bring you to a Web page on our Web site where you may provide a notice or by letter delivered by first class postage prepaid U.S. mail or overnight courier to MINDOULA HEALTH, Address, Attn: Member Support. Specific questions and comments should be directed to the appropriate department via our contact us page.
MINDOULA SERVICE ALERTS
SMS TERMS AND CONDITIONS
FREQUENCY:2-3 messages per week.
PRICING:Text & Data rates of Mobile Phone carrier/provider.
MOBILE USER OPT-IN:
Mindoula:Would you like to opt into Service Alerts from Mindoula? You will receive 2-3 msg/week. Message and data rates may apply. Reply STOP to any of our messages to opt-out.
Mindoula:Great, please advise/confirm your phone number.
Mindoula:Thank you! You are now opted-in for Mindoula Service Alerts and will receive a confirmation message shortly
Your Mindoula appointment is scheduled for [Month, date, year] with Care Manager [Name]. They will contact you from [XXX-XXX-XXXX]. If you need to reschedule, please contact your Care Manager. If you have any additional questions, please feel free to contact Mindoula at (888) 879-9786 or myself. My name is [Name], the Outreach and Engagement Care Manager.
Hi [Client Name]! This is [Your Name] with Mindoula Health. You worked with [me or a colleague of mine] at [Hospital Name]. I have been assigned as your case manager and am here to provide you with free support over the next [30/32] days. We are primarily virtual and help connect you to long term supports, if needed, or just provide check-in support to make your transition a little easier. Please download [our Mindoula app] to communicate with us or feel free to contact me at [XXX-XXX-XXXX].
Hi [Client Name]! Now that you have completed your intake assessment, you arebeing assigned to [Name of Care Manager]. [Name of Care Manager] will be contacting you in the next few days to set up a recurring meeting. [Name of Care Manager]’s phone number is [XXX-XXX-XXXX]. In the meantime, if you needanything, please do not hesitate to reach [Name of Care Manager] at [XXX-XXX-XXXX] or call our main number at 888-879-9786.
Hello [Client Name]! I have been trying to reach you; however, have been unsuccessful and have left voicemails. At your convenience, please give me a call or text me at [XXX-XX-XXXX] or check in with us using our Mindoula app.
MOBILE USER OPT-OUT
You may discontinue text services at any time, by replying “STOP” to [XXXXX] from your mobile device. After opting out, you will not receive any additional messages, unless you opt back in.
MOBILE USER FEES
Mindoula program does not charge any users fees to send or receive text messages. Message & data rates may apply from your applicable carrier, however.
To get help, reply “HELP” to any message you receive, or text “HELP” to [XXXXX].
MOBILE USER PRIVACY
We will not share or use your mobile number for any other purpose.
U.S. MOBILE CARRIERS SUPPORTED
Major carriers:AT&T, Verizon Wireless, Sprint, and T-Mobile USA.
Minor carriers:Visible, Mintmobile, US Mobile, Boost Mobile, Cricket Mobile, Metro by T Mobile, Spectrum Mobile, Twigby, Consumer Cellular, GenMobile, Tello, Ting, Reach Mobile, Ultra Mobile, Simple Mobile, Republic Wireless, Net 10 Wireless, Good2go, PureTalk USA, Total Wireless, US Cellular, Xfinity mobile, Textnow, Pageplus, Wing, FreeUP Mobile, Credo Mobile, Altice Mobile, Greatcall, and Virgin Mobile.
Mindoula will not be liable for any delays in the receipt of any SMS messages connected with our SMS gateway. Delivery of SMS messages is subject to effective transmission from your wireless service provider/network operator.
Mindoula respects your privacy. We will only use the information you provide to transmit text messages to you; we will not share or use your mobile number for any other purpose. No protected health information will be transmitted or shared. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, to protect our rights or property. Text messages through your wireless carrier/service provider are not secure messages through encryption or similar technology.
Additionally, Mindoula reserves the right to alter message frequency at any time i.e. we may change the frequency of texts that you receive under these alert programs. We will notify you via text if we change the frequency and provide you with the opportunity to opt-out.
Arbitration and Class Action Waiver
Please read this carefully. It affects your rights.Any dispute or claim relating in any way to your use of Mindoula will be resolved by binding arbitration, rather than court.
Any and all controversies, disputes, demands, counts, claims, or causes of action(including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, counts, claim, or cause of action) between you and Mindoula or Mindoula's employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration, except that you or Mindoula may take claims to small claims court if the dispute qualifies for hearing by such court. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actualor threatened infringement, misappropriation or violation of a party's copyrights,trademarks, trade secrets, patents, or other intellectual property rights.
This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C.§ 227 et seq. (“TCPA”), or any other statute, regulation, or legal or equitable theory. You and Mindoula hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate and governs all questions of whether a dispute is subject to arbitration. Unless you and we agreeotherwise in writing, arbitration shall be administered by the JAMS International Arbitration Rules in effect at the time of filing of the arbitration (the “JAMS Rules”). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this agreement and can award damages and relief (including any attorneys’ fees) authorized by law and/or the JAMS Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court.
YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND MINDOULA ARE EACH WAIVING THE RIGHT TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF JAMS WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND MINDOULA AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. Arbitration under this agreement shall be held in the United States county where you live or work, Maryland, or any other location we mutually agree to, subject to Maryland law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.
OPT-OUT OF AGREEMENT TO ARBITRATE:
You can decline this agreement to arbitrate by sending Mindoula at https://mindoula.com/contact-us/ and providing the requested information as follows: (1) your name, (2) your address, (3) your phone number, (4) the https://www.mindoula.com/terms/ containing the Arbitration and Class Action Waiver provision for the Mindoula SMS Terms & Conditions, and (5) clear statement that you wish to opt out of this arbitration provision. This opt-out notice must be emailed no later than 30 days after the date you first accept these terms and conditions.
Changes to Additional Contract Terms
Limitation of Liability
To the fullest extent permissible pursuant to applicable law, we are not responsible and will not be liable for any damages of any nature, including without limitation any incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive damages or attorney’s fees.
Except as otherwise provided herein, your use of this service under this agreement is governed by the laws of the State of Maryland.
If any term of this agreement is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the party seeking such compensation.
Changes to Terms
These terms and conditions are subject to change at any time by Mindoula without notice.