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These Terms of Use ("Terms" or "TOU") is an agreement between you and Freenet Health Corp., concerning use of its online and mobile platforms MindiTM ("Mindi"). It describes the rules you agree to follow when using our mobile applications and website(s) (the "Apps"), including when you view or input content on or into the Apps.
The Mindi Privacy Policy governs all privacy and data use related to our Apps. These are separate documents, but are incorporated into this TOU, and you should read them.
These Terms of Use apply to your use of Mindi as a Medical Provider. Members and patients participating on Mindi are subject to different guidelines and terms, referenced below. If you are viewing these Terms of Use for Medical Providers in error and you are a patient or a member, please review and accept the Terms of Use for Users.
To make this document shorter and clearer, we've included some definitions:
Mindi connects individuals with licensed medical providers. Mindi offers paid services, available through the same Apps. Mindi may be used for healthcare services via virtual consults.
Generally, this agreement governs your use of the Apps. Other terms may apply to your use of a specific feature. If there is a conflict between this TOU and terms posted for a specific feature, the latter terms apply to your use of that feature or part.
THESE TERMS OF USE REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. BY ACCEPTING THESE TERMS, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. SEE ARBITRATION AGREEMENT BELOW.
These Terms of Use may change on a going-forward basis at any time upon 7 days' notice. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. If you do not agree to all of these Terms of Use, please do not use Mindi.
Medical Providers, professionals, and specialists utilizing or featured on Mindi are neither employees nor independent contractors of Mindi. Any opinions, advice, or information expressed by any such individuals are those of the individual and the individual alone, and they do not reflect the opinions of Mindi, Freenet Health Corp., its officers, or shareholders. Mindi does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on Mindi or by a licensee of Mindi. (Medical Providers on Mindi Premium Services are independent contractors of separate professional corporations.)
The inclusion of Medical Providers, professionals, and specialists on Mindi or in any professional directory on Mindi does not imply Mindi’s recommendation or endorsement of such professional nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any professional. SUCH INFORMATION IS PROVIDED ON AN "AS-IS" BASIS AND Mindi DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Mindi SHALL IN NO EVENT BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY ANY PARTY (INCLUDING, WITHOUT LIMITATION, ANY USER) IN RELIANCE ON INFORMATION ABOUT MEDICAL PROVIDERS, PROFESSIONALS, AND SPECIALISTS UTILIZING Mindi. The use of Mindi by any entity or individual to verify the credentials of professionals or specialists is prohibited.
All opinions and statements expressed by Medical Providers on or through Mindi are solely the individual, independent opinions and statements of such individuals and do not reflect the opinions of Mindi, its affiliates, or any other organizations or institutions to which such Medical Provider or such specialist or professional is affiliated with or provides services through.
Accurate and complete registration information is required to use Mindi. You are solely responsible for the security of your passwords and for any use of your account, including any access to personal information in your account. If you suspect unauthorized use of your account, change your password immediately. Allowing any other person or entity to use your identity for posting on or using Mindi is not permitted.
We reserve the right to revoke or deactivate your username and password at any time. You may terminate your account and these Terms at any time by selecting to deactivate your account by sending an email requesting deactivation to support@mindi.com.
Your use of Mindi and any Content and Services must comply with all applicable federal and state laws, regulations, and ordinances. You may not access our networks, computers, or the Content and Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person's use and enjoyment. You may not attempt to gain unauthorized access to any Content or Services, other accounts, computer systems, or networks connected to Mindi, the Content, or Services. You may not use any automated means (such as a scraper) to access Mindi, the Content, or Services. Unauthorized access includes using credentials to access Mindi. Any attempt by any individual or entity to solicit login information of any other user or Medical Provider, or to access any such account, is an express and direct violation of these Terms and of applicable law, including relevant privacy and security laws and laws prohibiting unfair or unethical business practices.
We maintain guidelines and a code of conduct for both users and Medical Providers who use Mindi. By using our services you agree to abide by our Guidelines.
For more details about when and how we can communicate with you, please consult our Privacy Statement.
Most concerns or disputes can be resolved quickly by emailing us at help@mindi.com. In the unlikely event that we are unable to resolve a legitimate legal complaint, you agree to resolve those disputes through binding arbitration or small claims instead of in courts of general jurisdiction. By using our Services, you agree to arbitrate any disputes with us under the terms of our Arbitration Agreement.
Mindi has no editorial control over or responsibility for Content provided by third parties. Any opinions, statements, products, services, or other information expressed or made available by third parties (including Medical Providers) or users on Mindi are those of such third parties or users. Mindi does not have any obligation to monitor such third party Content. We make no representations about the accuracy or reliability of any opinion, statement, or other information provided by any third party, and we do not represent or warrant that your use of the Content displayed or referenced on Mindi will not infringe the rights of third parties not owned by or affiliated with Mindi.
The Content and Services may not be used for any illegal purpose. You may not access our networks, computers, or the Content and Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person's use and enjoyment. You may not attempt to gain unauthorized access to any Content or Services, other accounts, computer systems, or networks connected to Mindi, the Content, or Services. You may not use any automated means (such as a scraper) to access Mindi, the Content, or Services for any purpose. Such unauthorized access includes, but is not limited to, using another person's login credentials to access Mindi. Any attempt by any individual or entity to solicit login information of any other user or Medical Provider or to access any such account is an express and direct violation of these Terms of Use and of applicable law, including relevant privacy and security laws and laws prohibiting unfair or unethical business practices.
We do not recommend or endorse any specific Content, Services, tests, doctors, products, procedures, opinions, or other information that may be mentioned on Mindi. Reliance on Mindi Content or Services is solely at your own risk. Some Content and Services, including posts by Medical Providers, may be or have been provided by third parties directly and are not reviewed or certified by Mindi. We cannot guarantee that the Content and Services will help you achieve any specific goals or results. Content regarding dietary supplements or other treatments or regimens has not been evaluated by the Food and Drug Administration and is not intended to diagnose, treat, cure, or prevent any disease.
The Apps may contain links to other apps, web sites, information, software, data, or other content, online or offline ("External Content and Services"). Such External Content and Services and related information are outside of our control. We do not control, endorse, verify the truth or accuracy of, or review content outside of Mindi, and we are not responsible for such content. We do not warrant, nor are we in any way responsible for, information, software, data, or privacy policies related or pertaining to External Content and Services.
When you install our app on your mobile device (available late-2023), you may agree to receive push notifications, which are messages an app sends you on your mobile device when the app is not on. You can turn off notifications by visiting your mobile device's "settings" page.
We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.
Mindi and those acting on our behalf may send you text (SMS) messages to the phone number you provide us. These messages may include operational messages about your use of the Services, as well as marketing messages. If you opt out, you may continue to receive text messages for a short period while Mindi processes your request, and you may also receive text messages confirming the receipt of your opt-out request. Opting out of receiving operational text messages may impact the functionality that the Service provides to you. Text messages may be sent using an automatic telephone dialing system. Your agreement to receive text messages is not a condition of any purchase or use of the Service. Standard messaging, data, and other fees may be charged by your carrier.
Your carrier may prohibit or restrict certain mobile features, and certain mobile features may be incompatible with your carrier or mobile device. As applicable, instructions regarding how to opt-out of mobile features will be disclosed in connection with such features (instructions typically require you to text a keyword, such as "STOP," "CANCEL," "UNSUBSCRIBE," to the applicable shortcode for the mobile feature, or to change your profile settings inside the Apps).
You agree to notify Mindi of any changes to your mobile number and update your account(s) on the Apps. You also understand and agree that by receiving communications you will be charged by your wireless or internet provider and that such emails, SMS, or mobile telephone notification may be generated by automated systems.
When you use action-oriented features on Mindi and Mindi Premium Services (such as subscribing to a health checklist or participating in a Virtual Consult), you agree that Mindi and IndieMD Network, LLC may send you automated content via email, mobile telephone, or other contact information provided by you in your account settings. This content may contain protected health information under HIPAA, including content related to conditions, treatments, and medications. You understand and agree that by using these features, you are expressly opting into receiving your own protected health information by email, SMS/text, or mobile push notifications. These communications from the Apps are not encrypted. Although unlikely, it is possible for these communications to be intercepted or accessed without your authorization. By using the Apps, you release Mindi from any liability arising from or related to any such interception or unauthorized access.
If you violate any of these Terms of Use, your permission to use the Content and Services automatically terminates and you must immediately destroy any copies you have made of any portion of the Content. (For more information, see Termination.)
We only use data you share with Mindi as set forth in the Mindi Privacy Statement, your account settings, and in accordance with applicable law.
Email, short message services (SMS), text message communications, and mobile push notifications from the Apps are not encrypted. You can opt out of receiving email, SMS/text messages, and mobile push notifications. Although unlikely, it is possible for these communications to be intercepted or accessed without your authorization. By using the Apps, you release Mindi from any liability arising from or related to any such interception or unauthorized access.
There is no paid advertising on the Apps.
When you use the Apps, you do so under a license from us. Subject to your complete and ongoing compliance with these Terms, Mindi grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of our mobile App obtained from a legitimate marketplace on a mobile device that you own or control; and (b) access and use the Content and Services. This means that you may not use the Apps for any commercial purpose, that we can take away your right to use the Apps, and that you cannot give this license away to someone else. All right, title, and interest in and to the Apps, Services, and the Content, together with all related intellectual property rights are the property of Mindi or our affiliates, excluding your rights under applicable law to any information or Content related to Virtual Consults on Mindi Premium Services. Rights retained by other parties in the Content are their respective rights. Mindi reserves all rights to the Content not granted expressly in these Terms.
Mindi and other related marks are registered trademarks of Mindi. Any other trademark, brand, or content on Mindi that is not the property of Mindi is the property of its respective owner. You agree not to violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property rights. You may not reproduce, create derivative works of, distribute, publicly display the Content (or any portion of it) without our prior written consent. However, you may use App features to repost Content or portions of Content, including through other third party applications and mediums (such as Facebook or Twitter), so long as you do not modify that Content or the functionality of those features. This re-posting right does not create any additional rights in such Content. Additionally, you may not use any metatags or any other "hidden text" utilizing the name "Mindi" without our prior written permission.
Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Apps, Services, or Content; (b) make modifications to the Apps, Services, or Content; or (c) interfere with or circumvent any feature of the Apps, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it. You agree not to access, attempt to access, request access not authorized by the Apps or use any App Content or data without our permission. This means that you agree not to transmit, download, upload, post, sell, rent, license, transfer, disclose, mirror, frame, reverse engineer, decompile, disassemble, or use any aspect of the Apps or any Content, in whole or in part, in any form or by any means.
If you believe any materials accessible on or from Mindi infringe your valid and enforceable copyright, you may request removal of (or access to) those materials (or access thereto) from us by contacting us and providing us with information pursuant to our DMCA Removal Procedure.
You agree that you will not upload or transmit any communications or content of any type that infringes or violates any rights of any party. The personal information you submit to Mindi is governed by the Privacy Policy (the terms of which govern in the event of any inconsistency with this TOU). You agree that submissions will comply with Mindi's Guidelines.
Don't submit anything to us if you don't want to give us rights to it. If you wish to keep any content, business information, ideas, concepts or inventions private or proprietary, do not submit them on, through, or to Mindi, by email or otherwise. With the exception of any personal data or information you submit (which shall be maintained in accordance with our Privacy Statement) and other information governed by the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 and the rules and regulations promulgated thereunder (as amended to date, "HIPAA"), or other applicable laws, if you make any submissions (by email or otherwise) on, to or through Mindi, including but not limited to media (including photographs), data, questions, comments, suggestions, business information, ideas, concepts or inventions (collectively "Submissions"), you make such submission without any restrictions or expectation of compensation, privacy, or confidentiality. You agree that your Submissions may be used by us without restriction for any purpose whatsoever. By making any a Submission, you grant Mindi a worldwide, non-exclusive, irrevocable, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your Submissions, in whole or in part, in any media formats and through any media channels now known or hereafter developed. This means Mindi has the complete right to freely use, create derivative works from and modify, such Submissions in any way, commercial or otherwise (including developing and marketing products or features using such information), and for any purpose whatsoever and without limitation. Mindi may sublicense its rights.
By making any a Submission, you further agree to indemnify Mindi and its affiliates, directors, officers, Medical Experts, and employees, and to hold them harmless from any and all claims and expenses, including attorneys' fees, arising from your Submissions, or your failure to comply with these Terms.
Mindi does not accept unsolicited recruiter or similar submissions. Any candidate submissions by a recruiter or other third party without a valid and signed recruiting agreement in place with Mindi prior to such submission will not be subject to any recruiter or similar fees.
Medical Providers on the Apps include respected licensed medical practitioners throughout the United States. Only U.S.-licensed medical practitioners may participate as Medical Providers on Mindi (including Mindi Premium Services). Medical Providers whose licenses are or become suspended or revoked, for any reason, are not permitted on the Apps and agree not to participate in any way, including but not limited to submitting Content to Mindi as a Medical Provider on Mindi or participating on Mindi Premium Services. Supplemental Terms of Use apply to Medical Providers who participate on Mindi (including those who provide Premium Services).
Your permission to use the Apps, Content, and Services ends immediately if you violate any of the terms of this Agreement. We may place limits on, modify, or terminate your right to access and use Apps and the Services and/or Content at any time for any reason or no reason, with or without notice. This suspension or termination may delete information, files, and other previously available Content. We also reserve the right to modify or discontinue the Services at any time (including by limiting or discontinuing certain features of the Apps), temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Services or any suspension or termination of your access to or use of the Services.
You may terminate your account at any time by emailing the customer service help center at If you terminate your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the Services.
Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay Mindi any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination, this section, and sections regarding Submissions, ownership, indemnities, disclaimer of warranties, limitations on liability, and the Arbitration Agreement will survive.
THE APPS AND THE CONTENT AND SERVICES ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE, THE MEDICAL PROVIDERS, NOR ANY OF OUR LICENSORS MAKE ANY EXPRESS WARRANTIES, AND WE AND EACH OF THEM DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER WE, THE MEDICAL PROVIDERS, NOR ANY OF OUR LICENSORS MAKE ANY WARRANTY THAT CONTENT OR SERVICES SATISFY GOVERNMENT REGULATIONS, INCLUDING THOSE REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR Mindi, OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE APPS, WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS.
Specifically, and without limiting the foregoing, we, our licensors, and our suppliers, make no representations or warranties about: (i) the accuracy, reliability, completeness, currentness, or timeliness of the Content provided on or through the use of the App; or (ii) regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with Mindi. Any location data accessed via the Apps may be inaccurate or incomplete and any use of such data is at your own risk.
WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER USER, INCLUDING MEDICAL PROVIDERS. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR ANY LOSS OF DATA, INCLUDING SUBMISSIONS.
To the fullest extent permitted by law, in no event will Mindi, its licensors, suppliers, or any third parties mentioned on Mindi be liable for any personal injury, including death, attributable to or caused by your use or misuse of Mindi or Content (including Medical Provider Content). Any claims arising in connection with your use of the Apps, Services, or any Content must be brought within one (1) year of the first date of the event giving rise to such action. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms. You expressly agree that Medical Experts are third party beneficiaries under these Terms and may enforce the rights hereunder, including Limitation of Liability rights.
NEITHER WE, Mindi MEDICAL PROVIDERS, NOR ANY OF OUR LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, EVEN IF THE PARTY KNOWS OR SHOULD KNOW THAT OTHER DAMAGES ARE POSSIBLE, OR THAT DIRECT DAMAGES ARE NOT A SATISFACTORY REMEDY. THESE LIMITATIONS APPLY TO YOU ONLY TO THE EXTENT THEY ARE LAWFUL IN YOUR JURISDICTION. EXCEPT AS PROVIDED IN THE ARBITRATION AGREEMENT, NEITHER US, THE MEDICAL PROVIDERS, NOR ANY OF OUR LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT TO ANY USER FOR ANY CLAIMS (IN AGGREGATE OVER ALL TIME) FOR MORE THAN THE GREATER OF: (I) FEES PAID BY THE USER OVER THE COURSE OF THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE INCIDENT GIVING TO THE ALLEGED DAMAGES; OR (II) FOR USERS WHO HAVE NOT SO USED PAID PREMIUM SERVICES, TO ONE HUNDRED DOLLARS ($100).
Informational content on the Apps that is created, modified, submitted, or validated by Medical Providers or other healthcare experts (collectively, "Expert Content") is subject to the following additional terms and conditions and agreements by You.
Expert Content is for informational purposes only. For medical advice, treatment, or diagnosis, see your personal doctor or healthcare provider. Mindi is not responsible for Expert Content. The authors or posters of Expert Content ("Posters") are solely responsible for such content. No representations, warranties, or guarantees of any kind are made regarding the Expert Content. Under no circumstances shall any party be liable (to you or to any other person) for any damages or harm (of any type or under any legal theory) resulting from or related to the Expert Content. No party shall have any liability for: (a) any loss or injury caused, in whole or in part, by a Poster's actions, omissions, or negligence, in procuring, compiling, or delivering information within or through Expert Content; (b) any errors, omissions, or inaccuracies in Expert Content (regardless of cause), or delays or interruptions in delivery of such information; or (c) any decision made or action taken or not taken in reliance upon such information. You agree to indemnify and hold the Poster (and the Poster's employer and/or sponsor) harmless from any claim or demand, including attorneys' fees, made by any third party as a result of any violation of law that occurs by you through your use of Expert Content or the Apps and/or anything you do using Expert Content, the Apps and/or the information contained therein.
IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENT OR MATERIALS ON THE APPS, OR ANY SERVICES OR INFORMATION AVAILABLE THROUGH THE APPS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE APPS. THIS LIMITATION APPLIES EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.
The licenses for some of this Content may contain additional terms. When such Content licenses contain additional terms, we will make these terms available to you on those pages, in the Terms of Use, or in the Additional Information section of our Apps (which is incorporated herein by reference). The Apps may include code and components licensed under an open source license.
Where Mindi Content or Services (including these Terms) are translated into languages other than English, all such translations are for the convenience of our users only, and Mindi is not responsible or liable in the event of any translation inaccuracy. The English-language version of these Terms shall control and apply In the event of any conflict with content or translation. You understand that Content, including but not limited to questions and answers, may not have the same meaning in translation, and that treatments (including but not limited to medication names) and other information may differ in different languages and may not be available in all places. Additionally, you understand and agree that Virtual Consults with Medical Providers may not be available in languages other than English, and you agree not to conduct a consultation in a language in which you are not proficient without the use of a professional translator. If you choose to use a translator in connection with a Virtual Consult, you understand that Mindi is not liable for any errors or omissions in translation.
These Terms, and the other agreements referenced in it (like our Privacy Policy) are the entire agreement between you and us relating to the Apps. Your use of the Services is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the "Additional Terms"). All Additional Terms are incorporated by this reference into, and made a part of these Terms. These Terms replace any prior agreements unless such prior or subsequent agreement explicitly provides otherwise and specifically references these Terms. If there is any conflict between these Terms and a mutually signed written agreement between you and us related to Mindi, the signed written agreement will control. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent.
If we choose not to enforce any provision of these Terms, we retain the right to enforce it in the future. This means that the failure to enforce any provision of these Terms does not constitute a waiver of that provision. If any provision in these Terms is found to be unenforceable, that provision and any related provisions will be interpreted to best accomplish the unenforceable provision's essential purpose.
This agreement is governed by Texas law. THE EXCLUSIVE VENUE FOR ANY DISPUTE RELATING TO THIS AGREEMENT IS KENDALL COUNTY, TEXAS. YOU AND US CONSENT TO THE PERSONAL JURISDICTION OF THESE COURTS. Nothing in this agreement limits either party's ability to seek equitable relief.
IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENT ON OUR APPS, OR ANY SERVICES OR INFORMATION AVAILABLE ON OR THROUGH THE APPS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING OUR APPS. THIS LIMITATION APPLIES EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL THEIR ESSENTIAL PURPOSE.
The Apps and Services are offered by Freenet Health Corp. located at 250 State Highway 46, Boerne, TX 78006. You may contact us by sending correspondence to that address.
We are under no obligation to provide support for the Apps and Services. In instances where we may offer support, the support will be subject to published policies.
Notice Regarding Apple. This section only applies to the extent you are using our mobile application (available late-2023) on an iOS device. You acknowledge that these Terms are between you and Mindi only, not with Apple Inc. ("Apple"), and Apple is not responsible for the App or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the App. If the App fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the App and/or your possession and use of the App infringe a third party's intellectual property rights. You agree to comply with any applicable third party terms when using the App. Apple and Apple's subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
By participating in Mindi or Mindi Premium Services you agree to abide by the following guidelines.
Mindi's Terms require the use of arbitration to resolve disputes and also limits the remedies available to you in the event of a dispute. Most concerns can be resolved quickly by Mindi's customer help team. In the unlikely event that we are unable to resolve a legitimate legal complaint, we each agree to resolve those disputes through binding arbitration or small claims instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. We request that you work with us in good faith to resolve any disputes for 30 days after notifying us of such issues before filing arbitration. You understand that any award available under arbitration is subject to the limitations in the Mindi TOUs. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND Mindi ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
First things first: let's try to sort it out. We want to address your concerns without a formal arbitration or case. Before filing a claim against Mindi, you agree to make a good faith effort to try to resolve the dispute informally by contacting legal@askmindi.com and responding promptly to any related communications. We'll try to resolve the dispute by contacting you via email. If a dispute is not resolved within 30 days of submission, you or Mindi may bring a formal proceeding.
This Arbitration Agreement ("Arbitration Agreement") is a condition of the Terms of Use of Mindi and the Apps. The effective date of this agreement is March 1, 2022 (the "Effective Date").
If you reside in the United States or are otherwise subject to the US Federal Arbitration Act, you agree that any and all disputes or claims that have arisen or may arise between us - except as set forth below ("Exceptions") - shall be resolved exclusively through final and binding arbitration, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Any arbitration proceedings shall be conducted by the American Arbitration Association ("AAA") under its rules and procedures applicable at that time, including the AAA's Supplementary Procedures for Consumer-Related Disputes (to the extent applicable), as modified by our Arbitration Agreement. You may review those rules and procedures, and obtain a form for initiating arbitration proceedings at the AAA's website. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Mindi. The arbitration shall be held in Santa Clara County, California or at another mutually agreed location. If the reasonable value of the relief sought is $10,000 or less, either of us may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on us subject to the arbitrator's discretion to require an in-person hearing. Attendance at an in-person hearing may be made by telephone by you and/or us, unless the arbitrator requires otherwise.
Notwithstanding the foregoing, nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Mindi should be addressed to: General Counsel, Mindi, 250 state Highway 46, Boerne, Texas 78006 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought and the specific applicable legal basis for the requested relief ("Demand"). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Mindi may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or Mindi must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Texas, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Mindi users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction over the parties, except for a limited right of appeal under the Federal Arbitration Act.
If you do not wish to resolve disputes by binding arbitration, you may opt out of this Arbitration Agreement within 30 days after the date that you agree to the Terms by sending a letter to General Counsel, Mindi, 250 State Highway 46, Boerne, Texas 78006 that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration ("Opt-Out Notice"). Once Mindi receives your Opt-Out Notice, this Arbitration Agreement will be void and any action arising out of the Terms will be resolved under the governing law and jurisdiction set forth in the Terms. The remaining provisions of the Terms will not be affected by your Opt-Out Notice.
The AAA rules will govern the payment of all filing, administration and arbitrator fees, unless our Arbitration Agreement expressly provides otherwise. If the amount of any claim in an arbitration is $5,000 or less, Mindi will pay all arbitrator fees associated with the arbitration, so long as: (a) you make a written request for such payment of fees and submit it to the AAA with your Demand for Arbitration; and (b) your claim is not determined by the arbitrator to be frivolous or without merit under Mindi's Terms of Use or otherwise ("Frivolous Claims"). In such case, we will make arrangements to pay all necessary fees directly to the AAA. If the amount of the claim exceeds $10,000 and you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Mindi will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If the arbitrator determines the claim(s) you assert in the arbitration are Frivolous Claims, you agree to reimburse Mindi for all fees associated with the arbitration paid by Mindi. Mindi's obligations to pay these fees shall be made after a preliminary determination that the claims are not barred or limited by the Mindi Terms of Use. Bared or limited claims constitute Frivolous Claims.
YOU AND Mindi AGREE, AS PART OF THE ARBITRATION AGREEMENT, THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. WE REFER TO THIS AS THE "PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS". UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN YOUR OR OUR CLAIM WITH ANOTHER PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY ONLY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER Mindi USERS.
Except with respect to the Prohibition of Class and Representative Actions, if a court decides that any part of this Arbitration Agreement is invalid or unenforceable, the other parts of this Arbitration Agreement shall continue to apply. If a court decides that the Prohibition of Class and Representative Actions is invalid or unenforceable, then the entire Arbitration Agreement shall be null and void.
If Mindi makes any future change to this Arbitration Agreement, other than a change to Mindi's Notice Address, you may reject the change by sending us written notice within 30 days of the change to the Notice Address, in which case your account with Mindi will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
You agree that regardless of any statute or law to the contrary or the applicable dispute resolution process, any claim or cause of action you may have arising out of or related to use of the Service or otherwise under these must be filed within one (1) year after such claim or cause of action arose or you hereby agree to be forever barred from bringing such claims.
THESE ADDITIONAL TERMS APPLY THE MEDICAL PROVIDERS ("ADDITIONAL EXPERT TERMS") WHEN USING Mindi AS A MEDICAL PROVIDER. IF YOU ARE A MEDICAL PROVIDER YOU AGREE TO ABIDE BY ALL Mindi TERMS OF USE AND THAT WHERE AN ADDITIONAL EXPERT TERM CONTRADICTS A MEMBER TERM OF USE, THE ADDITIONAL EXPERT TERM SHALL PREVAIL. THESE ADDITIONAL EXPERT TERMS APPLY TO YOUR USE OF Mindi AS A MEDICAL PROVIDER; IF YOU USE THE APPS AS A MEMBER, YOU AGREE TO ALL MEMBER TERMS OF USE.
As a Medical Provider, you are required to register with and use your real name, professional contact information, and (if you choose to upload a picture) a real image of you in your public profile on Mindi ("Public Profile"). You consent to Mindi's use on or in connection with the Apps of your name, likeness, photograph, biographical information and other personal information provided by you to Mindi or that is publicly available about you.
Licensed medical providers may apply to and participate as Medical Providers on Mindi. Those whose licenses are or become suspended or revoked, for any reason, are not permitted and agree not to participate in any way, including but not limited to submitting Content to Mindi as a Medical Provider on Mindi. Mindi may expand the network to include other licensed medical providers.
You retain the right to edit and delete your own Expert Submissions that appear in your Public Profile at any time. You also retain the right to use and create derivative works from your own Expert Submissions elsewhere (such as on your own practice website, blog, or in your own social media posts).
When a Medical Provider submission relates to any Mindi feature or function and is made for publication on Mindi (such as an answer to a question) (an "Expert Submission"), you grant Mindi an unrestricted right without limitation to use, reproduce, extract data from or add data to, publish and post any such Expert Submissions, including in connection with or on Mindi, including in connection with your name. This means that when you make such a submission to us, you are giving us rights to this content, including the right to post it on Mindi and use it in connection with Mindi. You also give us the right to give or transfer all rights granted herein to others. While Expert Submissions generally are posted to Mindi, we do not have an obligation to post any particular Expert Submission on Mindi and reserve the right, at our sole discretion and for any reason whatsoever (including but not limited to an Expert Submission being reported to us), to not post and/or to remove any Expert Submissions at any time.
So that everyone can enjoy Mindi, we have rules for Expert Public Submissions. By submitting content to Mindi you agree to follow our Provider Guidelines.
You will receive compensation for participating in Mindi Premium Services pursuant to the additional terms applicable to those services and related agreements, which are incorporated herein by reference. When you sign up for and deliver care through Mindi Premium Services, you agree to abide by all of the terms of the applications you submit to, and the contractual agreements you enter into with, Mindi and IndieMD Network, LLC related to those services (including any representations and warranties and terms governing indemnification and obligations).
You agree to comply with this Conflicts Disclosure Policy ("CDP") when using Mindi or making Expert Submissions. This CDP governs the disclosure of financial interests by Medical Providers. Conflicts of interest can be financial and/or personal. As used in this policy, "Industry" means any company, entity, or third party that produces, manufactures, or distributes a pharmaceutical, medical device, implant, or other medical care-related product or service.
All Medical Providers with a material financial relationship with Industry must disclose such a relationship in any answer or other similar Content submitted to Mindi when such Content mentions any product or service in which such an interest exists, with the following or similar language: "The author or poster of this content has a financial interest in a product or service mentioned herein."
Medical Providers may not post public Content on Mindi in exchange for compensation of any kind, including but not limited to as a paid consultant to any entity (including any company or organization) or individual. Medical Providers should ensure that any conflict or potential conflict of interest does not affect or appear to affect his or her contributions of Content to the Mindi. Medical Providers approved for Mindi Premium Services may receive compensation for services rendered through Mindi Premium Services under the terms governing those services.
Medical Providers may not publish Content under their own names written in whole or material part by: (i) parties with a financial interest in any product or service mentioned in the Content; or (ii) employees of Industry. Accepting compensation for posting Content to public areas and/or posting ghostwriting by interested parties on Mindi is prohibited.
