Last updated: January 13th 2023
BY CLICKING “I AGREE,” CHECKING A RELATED BOX TO SIGNIFY YOUR ACCEPTANCE, USING ANY OTHER ACCEPTANCE PROTOCOL PRESENTED THROUGH THE SERVICE OR OTHERWISE AFFIRMATIVELY ACCEPTING THIS CONSENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY THIS CONSENT. IF YOU DO NOT AGREE TO THIS CONSENT, DO NOT CREATE AN ACCOUNT OR USE THE SERVICE. YOU HEREBY GRANT AGENCY AUTHORITY TO ANY PARTY WHO CLICKS ON THE “I AGREE” BUTTON OR OTHERWISE INDICATES ACCEPTANCE TO THIS CONSENT ON YOUR BEHALF. IF YOU HAVE A MEDICAL EMERGENCY, SEEK IN-PERSON EMERGENCY CARE IMMEDIATELY OR DIAL 911.
The purpose of this consent form (“Consent”) is to provide you with information about telehealth and to obtain your informed consent to the use of telehealth in the delivery of healthcare services to you by physicians, physician assistants and nurse practitioners (“Providers”) using the online platforms owned and operated by Minded, Inc. (the “Service”). In this Consent, the terms “you” and “yours” refer to the person using the Service.
USE OF TELEHEALTH
Telehealth involves the delivery of healthcare services using electronic communications, information technology or other means between a healthcare provider and a patient who are not in the same physical location. Telehealth may be used for diagnosis, treatment, follow-up and/or patient education, and may include, but is not limited to, one or more of the following: electronic transmission of medical records, photo images, personal health information or other data between a patient and a healthcare provider; interactions between a patient and healthcare provider via audio, video and/or data communications (such as secure messaging); use of output data from medical devices, sound and video ﬁles. Alternative methods of care may be available to you, such as in-person services, and you may choose an alternative at any time. Always discuss alternative options with your Provider.
The use of telehealth may have the following possible beneﬁts: making it easier and more efﬁcient for you to access medical care and treatment for the conditions treated by your Provider(s); allowing you to obtain medical care and treatment by Provider(s) at times that are convenient for you; and enabling you to interact with Provider(s) without the necessity of an in-ofﬁce appointment.
While the use of telehealth in the delivery of care can provide potential beneﬁts for you, there are also potential risks associated with the use of telehealth and other technology. These risks include, but may not be limited to the following: the quality, accuracy or effectiveness of the services you receive from your Provider could be limited technology, including the Service, may contain bugs or other errors, including ones which may limit functionality, produce erroneous results, render part or all of such technology, including the Service, unavailable or inoperable, produce incorrect records, transmissions, data or content, or cause records, transmissions, data or content to be corrupted or lost; failures of technology may also impact your Provider(s) ability to correctly diagnose or treat your medical condition; the inability of your Provider(s) to conduct certain tests or assess vital signs in-person may in some cases prevent the Provider(s) from providing a diagnosis or treatment or from identifying the need for emergency medical care or treatment for you; your Provider(s) may not able to provide medical treatment for your particular condition and you may be required to seek alternative healthcare or emergency care services; delays in medical evaluation/treatment could occur due to unavailability of your Provider(s) or deﬁciencies or failures of the technology or electronic equipment used; the electronic systems or other security protocols or safeguards used could fail, causing a breach of privacy of your medical or other information; given regulatory requirements in certain jurisdictions, your Provider(s) diagnosis and/or treatment options, especially pertaining to certain prescriptions, may be limited; a lack of access to all of your medical records may result in adverse drug interactions or allergic reactions or other judgment errors.
FOLLOW-UP CARE; EMERGENCY SITUATIONS
If the situation is an emergency, call 911. In some situations, telehealth is not an appropriate method of care. If you require immediate or urgent care, you must seek care at an emergency room facility or other provider equipped to deliver urgent or emergent care. If you are not experiencing an emergency or do not require immediate or urgent care, you can communicate with Providers through the secure message service in the Platforms. If a technical failure prevents you from communicating with your Providers through the Platforms, you should call the following number: Phone: 1-800-368-0038 (M-F 9AM – 5PM PT).
Providers delivering the Services may include physicians, physician assistants and nurse practitioners. Depending on where you are located, your state may identify these practitioners by different titles and credentials. Providers will identify themselves prior to the start of any Service, but you can also access Provider profiles before a Service to determine your Provider’s title and credentials. You agree that your Provider may not be a physician for every Service.
DATA PRIVACY AND PROTECTION
The electronic systems used in the Service will incorporate network and software security protocols to protect the privacy and security of your information, and will include measures to safeguard data against intentional or unintentional corruption. Personal information that identiﬁes you or contains protected health information will not be disclosed to any third party without your consent, except as authorized by law for the purposes of consultation, treatment, payment/billing, and certain administrative purposes, or as otherwise set forth in your Provider's Health Information Privacy Practices.
By agreeing to the Minded Terms and Conditions, you agree that Minded or the Providers may send you information via email and standard SMS text messaging. You understand that email and standard SMS text messaging are not confidential methods of communication and may be insecure. You further understand that, because of this, there is a risk that these electronic communications—some of which may contain information about your medical condition and care—might be intercepted and read by a third party. You may opt out of certain types of electronic communications as described in the Terms and Conditions.
LABORATORY PRODUCTS AND SERVICES
Certain healthcare services provided to you by Providers via the Service may require that you complete an at-home diagnostic test. These diagnostic tests are provided by third-party laboratories, and neither Minded, Inc. nor your Provider(s) can guarantee the accuracy or reliability of these tests. These laboratory tests can provide false negative, false positive, or inconclusive results that could impact your Provider(s) ability to correctly diagnose or treat your medical conditions. A failure or defect of these tests could also impact your Provider(s) ability to correctly diagnose or treat your medical conditions.
By clicking “I Agree”, checking a related box to signify your acceptance, using any other acceptance protocol presented through the Service or otherwise afﬁrmatively accepting this consent, you are agreeing and providing your consent with respect to the following:
· Healthcare services provided to you by Providers via the Service will be provided by telehealth.
· Certain technology, including the Service, may be used while still in a beta testing and development phase, and before such technology is a ﬁnal and ﬁnished product.
· Technology used to deliver care, including the Service, may contain bugs or other errors, including ones which may limit functionality, produce erroneous results, render part or all of such technology unavailable or inoperable, produce incorrect records, transmissions, data or content, or cause records, transmissions, data or content to be corrupted or lost, any or all of which could limit or otherwise impact the quality, accuracy and/or effectiveness of the medical care or other services that you receive from your Provider(s).
· Certain diagnostic testing services, including laboratory products and services offered through the Service, may contain defects, including ones which may limit functionality or produce erroneous results, any or all of which could limit or otherwise impact the quality, accuracy and/or effectiveness of the medical care or other services that you receive from your Provider(s).
· The delivery of healthcare services via telehealth is an evolving ﬁeld and the use of telehealth or other technology in your medical care and treatment from Provider(s) may include uses of technology different from those described in this Consent or not speciﬁcally described in this Consent.
· No potential beneﬁts from the use of telehealth or other technology or speciﬁc results can be guaranteed, including any laboratory testing results or related diagnosis or treatment by your Provider(s).
· Your condition may not be cured or improved, and in some cases, may get worse.
· There are limitations in the provision of medical care and treatment via telehealth and technology, including the Service, and you may not be able to receive diagnosis and/or treatment through telehealth for every condition for which you seek diagnosis and/or treatment.
· There are potential risks to the use of telehealth and other technology, including but not limited to the risks described in this Consent.
· You have the opportunity to discuss the use of telehealth, including the Service, with your Provider(s), including the beneﬁts and risks of such use and the alternatives to the use of telehealth.
· You have the right to withdraw your consent to the use of telehealth in the course of your care, without prejudice to any future care or treatment and without risking the loss or withdrawal of any health beneﬁts to which your entitled, but you understand that the Providers who utilize the Service do not offer in-person treatment.
· Any withdrawal of your consent will be effective upon receipt of written notice to your Providers, except that such withdrawal will not have any effect on any action taken by Minded, Inc. or your Provider(s) in reliance on this Consent before it received your written notice of withdrawal.
· Any withdrawal of your consent will not affect any other provision of this Consent, and you will continue to be bound by this Consent for prior services.
· You understand that the use of telehealth involves electronic communication of your personal medical information to Provider(s).
· You understand that it is your duty to provide Minded, Inc. and your Provider(s) truthful, accurate and complete information, including all relevant information regarding care that you may have received or may be receiving from healthcare providers.
· You understand that each of your Provider(s) may determine in his or her sole discretion that your condition is not suitable for diagnosis and/or treatment using telehealth technology, including the Service, and that you may need to seek medical care and treatment from your Provider(s), or a specialist or other healthcare provider, outside of such telehealth technology.
· You understand that Minded, Inc. and/or your Provider may record your visit for quality assurance and/or training purposes (the recording is also subject to HIPAA).
Minded, Inc. has a commercial relationship with Specialty Medical Drugstore, LLC dba GoGoMeds. Minded, Inc. has a ﬁnancial relationship with the entity that employs or contracts with your Provider. You are free to obtain your medical examination from another healthcare provider that is not associated with Minded, Inc. Minded, Inc. will use its pharmacy partner to fulﬁll your order directly to your door. You are free to obtain your prescription from any pharmacy of your choice by contacting our support team. You must pay the full amount of the costs associated with use of the Service, including any prescription you may receive. You will not attempt to submit a claim to Medicare, any other federal payor, or any state Medicaid program. If you have a concern about a medical professional, you may contact the Medical Board in your state regarding your concerns.
Last updated: January 13th 2023
No Use by Minors Permitted
Our Service is intended for use by individuals who are at least eighteen (18) [JR1] years of age or such older age as may be required by applicable state laws in the jurisdiction in which an individual utilizes the Service. The Service is not designed or intended to attract, and is not directed to, children under eighteen (18) years of age, let alone thirteen (13) years of age. If we obtain actual knowledge that we have collected personal information through the Platform from a person under thirteen (13) years of age, we will use reasonable efforts to refrain from further using such personal information or maintaining it in retrievable form.
Furthermore, if you are under sixteen (16) years of age, then you (or your parent or legal guardian if you are under age thirteen (13)) may at any time request that we remove content or information about you that is posted on the Platform. Please submit any such request ("Request for Removal of Minor Information") to either of the following:
By mail: Minded, Inc., 122 Grand Street, New York, NY 10013, with a subject line of "Removal of Minor Information”. If you send by mail, please send by U.S. Certiﬁed Mail, Return Receipt Requested to allow for conﬁrmation of mailing, delivery and tracking.
By email: email@example.com, with a subject line of "Removal of Minor Information" For each Request for Removal of Minor Information, please state "Removal of Minor Information" in the email or letter subject line, and clearly state the following in the body of the request:
· The nature of your request
· The identity of the content or information to be removed
· The location of the content or information on the Platform (e.g. by providing the URL)
· That the request is related to the "Removal of Minor Information"
· Your name, street address, city, state, zip code and email address, and whether you prefer to receive a response to your request by mail or email.
We will not accept any Request for Removal of Minor Information via telephone or facsimile. Minded is not responsible for failing to comply with any Request for Removal of Minor Information that is incomplete, incorrectly labeled or incorrectly sent.
Please note that we are not required to erase or otherwise eliminate, or enable erasure or elimination of such content or information in certain circumstances, such as, for example, when an international, federal, state, or local law, rule or regulation requires Minded to maintain the content or information; when Minded maintains the content or information on behalf of your Providers (as deﬁned in our Terms and Conditions) as part of your electronic medical record; when the content or information is stored on or posted to the Site by a third party other than you (including any content or information posted by you that was stored, republished or reposted by the third party); when Minded anonymizes the content or information, so that you cannot be individually identiﬁed; when you do not follow the aforementioned instructions for requesting the removal of the content or information; and when you have received compensation or other consideration for providing the content or information.
The foregoing is a description of Minded's voluntary practices concerning the collection of personal information through the Service from certain minors, and is not intended to be an admission that Minded is subject to the Children's Online Privacy Protection Act, the Federal Trade Commission's Children's Online Privacy Protection Rule(s), or any similar international, federal, state, or local laws, rules, or regulations.
Protected Health Information
Collection of Information
We collect information when you use the Service, which may include but is not limited to:
· Personally identifying information such as your name and contact data such as your e-mail address, phone number, and billing and physical addresses
· Your login and password and other account ("Account") registration details
· Demographic data (such as your gender, date of birth and zip code)
· Computer, mobile device and/or browser information (e.g., IP address, mobile device ID information, operating system, connection speed, bandwidth, browser type, referring/exist web pages, web page requests, cookie information, hardware attributes, software attributes)
· Third-party website, network, platform, server and/or application information (e.g., Facebook, Twitter, Instagram)
· Usage activity concerning your interactions with the Service and/or third-party websites, networks or applications accessed through the Service (e.g., viewing habits, viewing preferences, viewing history, number of clicks on a page or feature, amount of time spent on a page or feature, identify of third-party websites, networks, etc.)
· Billing, payment and shipping information
· Electronic signature
· Photographic or video images submitted for identiﬁcation or non- diagnosis or treatment purposes
· Information about third parties that you refer to us (e.g., name, email, and/or other contact information, relationship)
· Statements or content (e.g., comments, videos, photographs, images) and information about such statements or content, which you submit or publish on or through the Service or which are accessed via your public or linked social media pages (e.g., Facebook, Twitter, Instagram)
· Any other information you provide when you contact or communicate with us
If you use your mobile device to visit, access or use the Service, then additional categories of information that we collect may include:
· Your name associated with your mobile device
· Your telephone number associated with your mobile device
· Your geolocation
· Your mobile device ID information
· With your express consent, your contacts and/or contact information (e.g., names, telephone numbers, physical addresses, email addresses, photos) stored on your mobile device
· With your express consent, information about third-party software applications on your mobile device (including, without limitation, general software apps, downloadable software apps, social media apps)
We also collect certain medical information on behalf of the Medical Groups and your Providers, which may include, but is not limited to:
· Health and medical data you submit for diagnosis or treatment purposes, including information in any questionnaires or surveys you complete for these purposes
· Previous doctors or other healthcare providers you visited
· Date of visit
· Images or videos you share for diagnosis or treatment purposes
· Communications with Providers
How Information Is Collected
Minded might collect personal and non-personal information directly from you when you visit, access or use the Service; when you register with or subscribe to the Service or any products or services available through the Service; when you "sign in," "log in," or the like to the Service; when you allow the Service to access, upload, download, import or export content found on or through, or to otherwise interact with, your computer or mobile device (or any other device you may use to visit, access or use the Service) or online accounts with third-party websites, networks, platforms, servers or applications (e.g., your online social media accounts, your cloud drives and servers, your mobile device service provider); or whenever Minded asks you for such information, such as, for example, when you process a payment through the Service, or when you answer an online survey or questionnaire. In addition, if you or a third party sends Minded a comment, message or other communication (such as, by way of example only, email, letter, fax, phone call, or voice message) about you or your activities on or through the Service and/or the Platform, then Minded may collect any personal or non-personal information provided therein or therewith.
In addition to the information we collect directly from you, we may also collect certain information from the Medical Group and/or Providers who provide treatment or other services to you in connection with our Service. This information may include, but is not limited to, diagnoses, treatment plans (including prescription details) and notes, and is accessible and visible through certain components of the Service.
We may also receive information from third parties that pay for your care or provide you with treatment, prescription medication, which may include, for example, your prescription history, insurance policy, insurance eligibility and coverage, and laboratory test results.
Finally, Minded might use various tracking, data aggregation and/or data analysis technologies, including, for example, the following[JR2] :
· Cookies, which are small data ﬁles (e.g., text ﬁles) stored on the browser or device you use to view a website or message. They may help store user preferences and activity and may allow a website to recognize a particular browser or device. There are several types of cookies, including, for example, browser cookies, session cookies, and persistent cookies. Cookies may record information you access on one page of a website to simplify subsequent interaction with that website, or to help streamline your transactions on related pages of that website. Most major browsers are set up so that they will initially accept cookies, but you might be able to adjust your browser's or device's preferences to issue you an alert when a cookie is downloaded, or to block, reject, disable, delete or manage the use of some or all cookies on your browser or device.
· Cookies can be set by the website owner (i.e., us), or they can be set by third parties (e.g., Facebook, Google, etc.) Cookies are used to help us speed up your future activities or to improve your experience by remembering the information that you have already provided to us. Third party cookies may also be used to enable analytics (e.g. Google Analytics) or advertising functionality (e.g., ad re-targeting on third-party websites) that enables more customized services and advertising by tracking your interaction with our Service and collecting information about how you use the Service. Flash cookies, which are cookies written using Adobe Flash, and which may be permanently stored on your device. Like regular cookies, Flash cookies may help store user preferences and activity, and may allow a website to recognize a particular browser or device.
· Flash cookies are not managed by the same browser settings that are used for regular cookies. Web beacons, which are pieces of code embedded in a website or email to monitor your activity on the website or your opening of the email, and which can pass along information such as the IP address of the computer or device you use to view the website or open the email, the URL page on which the web beacon is located, the type of browser that was used to access the website, and previously set cookie values.
· Web beacons are sometimes used to collect advertising data, such as counting page views, promotion views or advertising responses. Disabling your computer's, device's or browser's cookies may prevent some web beacons from tracking or recording certain information about your activities.
· Scripts, which are pieces of code embedded in a website to deﬁne how the website behaves in response to certain key or click requests sent by the user. Scripts are sometimes used to collect information about the user's interactions with the website, such as the links the user clicks on. Scripts are often times temporarily downloaded to the user's computer or device from the website server, active only while the user is connected to the Service and/or the Platform, and deactivated or deleted when the user disconnects from the website.
· Analytic tools and services, which are sometimes offered by third parties, and which track, measure and/or generate information about a website's or program's trafﬁc, sales, audience and similar information, and which may be used for various reasons, such as, for example, statistical research, marketing research, and content ratings research, and conversion tracking. Examples of the analytic tools and services which Minded might use include Google Analytics and Taplytics.
Minded may also use other third-party analytic tools and services.
Please be advised that if you choose to block, reject, disable, delete or change the management settings for any or all of the aforementioned technologies and/or other tracking, data aggregation and data analysis technologies, then certain areas of the Platform might not function properly.
By visiting, accessing or using the Service, you acknowledge and agree in each instance that you are giving Minded permission to monitor or otherwise track your activities on the Service, and that Minded may use the aforementioned technologies and/or other tracking, data aggregation and data analysis technologies. To the extent such technologies use PHI, we ask you to sign a HIPAA authorization allowing us to use and disclose your PHI for this purpose. If you do not grant us such authorization (or you revoke such authorization), we will not use or disclose your PHI in connection with our tracking technologies.
Use of Information
In connection with providing the Service, we and our afﬁliates and service providers may use your information, subject to the limitations addressed in the Protected Health Information Section above, for a number of purposes, including, but not limited to:
· Verifying your identity;
· Conﬁrming your location;
· Administering your account;
· Fulﬁlling your requests;
· Processing your payments;
· Facilitating your movement through Service;
· Facilitating your use of the Service and/or products or services offered through the Service;
· Communicating with you by letter, email, text, telephone or other forms of communication;
· Providing you with information about Minded, the pharmacies, and/or their businesses, products and services by letter, email, text, telephone or other forms of communication;
· Providing you with customer support;
· Providing you with information about third- party businesses, products and services by letter, email, text, telephone or other forms of communication;
· Developing, testing or improving the Service and content, features and/or products or services offered via the Service;
· Identifying or creating new products, services, marketing and/or promotions for Minded or the Service;
· Promoting and marketing Minded, the Service, and the products and/or services offered via the Service;
· Improving user experiences with the Service;
· Analyzing trafﬁc to and through Service;
· Analyzing user behavior and activity on or through the Service;
· Conducting research and measurement activities for purposes of product and service research and development, advertising claim substantiation, market research, and other activities related to Minded, the Service or products and services offered via the Service;
· Monitoring the activities of you and others on or through the Service;
· Placing and tracking orders for products or services on your behalf;
· Protecting or enforcing Minded's rights and properties;
· Protecting or enforcing the rights and properties of others (which may include you);
· When required by applicable law, court order or other governmental authority (including, without limitation and by way of example only, in response to a subpoena or other legal process); or
· Minded believes in good faith that such use is otherwise necessary or advisable (including, without limitation and by way of example only, to investigate, prevent, or take legal action against someone who may be causing injury to, interfering with, or threatening the rights, obligations or properties of Minded, a user of the Service, which may include you, or anyone else who may be harmed by such activities or to further Minded' legitimate business interests).
We may de-identify your information and use, create and sell such de-identiﬁed information, or any business or other purpose not prohibited by applicable law.
Disclosure of Information
Subject to the limitations described in the Protected Health Information section above, we may disclose your information to third parties in connection with the provision of our Service or as otherwise permitted or required by law. For example, we may disclose your information to:
· Our third-party and service providers (collectively "vendors") that provide services to enable us to provide the Service, such as the hosting of the Service, data analysis, IT services and infrastructure, customer service, e-mail delivery, and other similar services;
· Our vendors that provide services to enable us to run our business and administrative operations, such as legal and ﬁnancial advisory services, auditing services, analytics and similar services;
· Our vendors that provide services to enable us to promote and advertise the Service and the products and/or services offered via the Service, such as ad platforms or ad-retargeting services, as well as comply with contact removal requests or requirements, such as mailing list removal services, do not call registries, and similar services;
· The pharmacies to enable them to provide services to you via the Service and to collect payment on their behalf;
· Vendors as we believe necessary or appropriate to comply with applicable laws; and
· To a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, liquidation or other disposition of all or any portion of our business, assets or stock with such third party.
We may de-identify your information and disclose such de-identiﬁed information for any purpose not prohibited by applicable law.
Minded may retain your information for as long as it believes necessary; as long as necessary to comply with its legal obligations, resolve disputes and/or enforce its agreements; and/or as long as needed to provide you with the products and/or services of the Service or Minded. Minded may dispose of or delete any such information at any time, except as set forth in any other agreement or document executed by Minded or as required by law.
In connection with any transaction that you conduct through the Service (e.g., the purchase or sale of any products or services on or through the Service), you may be asked to supply certain information relevant to the transaction, including, without limitation, your credit card number and expiration date, your billing address, your shipping address, your phone number and/or your email address. By submitting such information, you grant Minded without charge the irrevocable, unencumbered, universe-wide and perpetual right to provide such information to third parties (e.g., payment processing companies, buyers on the Service, sellers on the Service) for the purpose of facilitating the transaction.
California; Summary of Information Practices[JR3]
This table below summarizes our personal information collection, use, and sharing practices in the preceding 12 months since we last updated this Policy. As reﬂected in this table, we may share your personal information with a variety of outside entities.
If you are a California resident, you have the right to know what personal information we collect, use, disclose or sell about you under the CCPA. Additionally, you have the right to access and delete your personal information.
To exercise these privacy rights and choices, please follow the instructions below:
How to request access to your personal information: You may request access to your personal information twice in a 12-month period. To do so, please email us at firstname.lastname@example.org with the subject heading "California Privacy Rights”, or call (909)-442-0618. In response, we will produce an Access Report detailing the personal information we have collected, disclosed, and/or sold about you. This Access Report will be delivered by mail or electronically at your request.
Note, we may not always be able to fully address your request, for example, if it would impact the duty of conﬁdentiality we owe to others, or if we are legally entitled to deal with the request in a different way. Please be aware that not all information sharing is covered by the California Privacy Rights requirements and only information on covered sharing will be included in our response.
How to request deletion of your personal information: You may request that we delete the personal information it has collected and/or maintained about you. To do so, please email us at email@example.com, or call (909)-442-0618. Note, we may need to retain certain personal information as permitted by law, such as to complete the transaction for which the personal information was collected, maintain an electronic medical record for a Medical Group or Provider, provide a requested good or service, detect security incidents, protect against malicious, deceptive, fraudulent or illegal activities, comply with legal obligations or to enable solely internal uses that are reasonably aligned with your expectations or lawful within the context in which you provided the information.
We reserve the right to charge a fee where permitted by law, for instance, if your request is manifestly unfounded or excessive. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Veriﬁcation: Please note, we will take steps to verify your identity before fulﬁlling any of the above requests. If you maintain an account with us, we will verify your identity through existing authentication practices for the account (e.g., login and password). If you are not a registered member, we will verify your identity by matching two or three data points that you provide with data points that we maintain and have determined to be reliable for the purposes of veriﬁcation (e.g., browser or device ID).
Authorized Agents: Only you, or someone legally authorized to act on your behalf, may make a veriﬁable consumer request related to your or your minor child's personal information. In order to designate an authorized agent to make a request on your behalf, you must provide written proof that you have consented to this designation unless the agent has power of attorney pursuant to California Probate Code sections 4000-4465. You must also verify your identity directly with us by providing a copy of your government issued identiﬁcation.
Response Timing and Format: If you are a Minded customer with an online account, we will deliver our written response to that account online or via email. If you are not a Minded customer or do not have an online account, we will deliver our written response by mail or electronically, at your preference. The response will also explain the reasons we cannot comply with a request, if applicable.
Anti-Discrimination Right: We will not discriminate against you for exercising any of your CCPA rights. But note that some of the functionality and features available to you may change or no longer be available to you upon deletion of your personal information or opt-out of sale of your personal information.
We do not and will not sell the personal information of minors under 16 years of age without afﬁrmative authorization.
We strive to use reasonable physical, technical and administrative measures to protect information under our control. However, you must keep your Account password secure and your Account conﬁdential, and you are responsible for any and all use of your Account. If you have reason to believe that the security of your Account has been compromised, please notify us immediately in accordance with the "Contacting Us" section below.
122 Grand Street New York, NY 10013
Last Updated January 13th 2023.
BY CLICKING “I AGREE,” CHECKING A RELATED BOX TO SIGNIFY YOUR ACCEPTANCE, USING ANY OTHER ACCEPTANCE PROTOCOL PRESENTED THROUGH THE SERVICE (AS DEFINED BELOW) OR OTHERWISE AFFIRMATIVELY ACCEPTING THESE TERMS AND CONDITIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT CREATE AN ACCOUNT OR USE THE SERVICE. YOU HEREBY GRANT AGENCY AUTHORITY TO ANY PARTY WHO CLICKS ON THE “I AGREE” BUTTON OR OTHERWISE INDICATES ACCEPTANCE TO THESE TERMS AND CONDITIONS ON YOUR BEHALF.
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US OR YOU AND THE MEDICAL GROUPS OR PROVIDERS ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR THE SERVICE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS FURTHER SET FORTH BELOW. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.
Minded, Inc. owns and operates the website located at www.tryminded.com and may have previously, now or in the future own and/or operate a “Minded” mobile application (collectively, the “Platform”). Through the Platform, you have access to Shine Medical Providers, P.C. and its associated practices (the “Medical Groups”) that provide healthcare services through the Platform. The Medical Groups employ or contract with physicians and allied health professionals who offer certain healthcare services through the Platform (“Providers”). Minded, Inc., the Medical Groups, and Providers are collectively, “Minded,” “we,” or “us” in these Terms and Conditions.
Your access and use of the Platform, any part thereof, or anything associated therewith, including its content (“Content”), any products or services provided through the Platform or otherwise by Minded, and any afﬁliated website, software or application owned or operated by Minded (collectively, including the Platform and the Content, the “Service”) are governed by these Terms and Conditions (“Terms and Conditions” or “Agreement”).
Please read this Agreement carefully. It sets forth the important terms you will need to know about the Service. In this Agreement, the terms “you” and “yours” refer to the person using the Service.
IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911.
THE SERVICE IS NOT APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. THIS AGREEMENT IS SUBJECT TO CHANGE AS PROVIDED HEREIN.
Acceptance of Terms and Conditions
Your access to and use of the Service is subject to this Agreement, as well as all applicable laws and regulations. If you do not accept and agree to be bound by this Agreement in its entirety, you are strictly prohibited from visiting, accessing, registering with and/or using the Service or any information or Content provided through the Service, except as necessary to review this Agreement. The Service is continually under development, and we reserve the right to revise or remove any part of this Agreement or the Service in our sole discretion at any time and without prior notice to you. Any changes to this Agreement are effective upon posting to the Platform.
Unless otherwise indicated, any new Content added to the Service is also subject to this Agreement upon posting to the Platform. If you disagree with this Agreement or any terms or conditions herein, your sole remedy is to discontinue your use of the Service. Your continued use after a change to this Agreement has been posted constitutes your acceptance of this Agreement as modiﬁed by such changes.
Your Relationship with Us
We are a technology company that makes available to individuals who register as users of the Service (“Users”) certain products and services sold or offered by Minded or by third-party pharmacies or other vendors.
By accepting this Agreement, you acknowledge and agree that Minded, Inc. is not a healthcare provider and that by using the Service, you are not entering into a doctor-patient or other health care provider-patient relationship with Minded, Inc. By using the Service, you may, however, be entering into a doctor-patient or other health care provider-patient relationship with the Medical Group and/or one or more Providers.
By accepting this Agreement, you acknowledge and agree that the Medical Group and/or Providers may send you messages, reports, and emails via the Service regarding your diagnosis and/or treatment. You further understand and agree that it is your sole responsibility to monitor and respond to these messages, reports, and emails and that neither Minded nor the Medical Group nor any Provider will be responsible in any way and you will not hold Minded, Medical Group or any Provider liable for any loss, injury, or claims of any kind resulting from your failure to read or respond to these messages or for your failure to comply with any treatment recommendations or instructions from the Medical Group or your Provider(s).
Notice Regarding Your Financial Responsibility for Services
Minded does not participate in any federal or state healthcare programs, such as Medicare and Medicaid. Thus, the costs of the Services made available to you by Minded are not eligible for payment under any federal or state healthcare program.
If you have insurance with health plans where your Provider is in-network, some or all of the Services may be covered by your insurance. You will remain personally responsible for payment in full for billed charges to those payors, unless otherwise required by law. You are responsible to pay all copays, deductibles, co-insurance, and/or other charges, such as Services that are not covered by your payor. Your submission of credit card information authorizes us to charge the credit card on file for agreed upon purchases. You understand that your credit card information will be saved on file for future transactions on your account.
By signing this Agreement, you agree to pay amounts you owe to Minded in accordance with our payment policies. If you qualify for benefits from any insurance company(s) or health plan(s), by signing this agreement, you are also agreeing to: (i) assign those benefits to the Providers to pay for care provided, (ii) sign any additional forms required by any insurance company or health plan to confirm this assignment of benefits, and (iii) authorize the Providers to release all relevant information about your health care necessary to receive payment from the applicable payor.
If you have any remaining questions about your financial responsibility or assignment of benefits, it is important that you discuss these questions with a member of our member support team.
Certain products available for purchase through the Service require that you purchase the product on a subscription basis. For subscription-based products, your payment device will be automatically charged at regular intervals as described for that product during the checkout process. You may cancel a subscription at any time up to forty-eight (48) hours before the applicable monthly processing date of your subscription by emailing firstname.lastname@example.org.
In order to simplify the user experience on the Platform, you will only see and be required to pay a single “total” subscription price. However, if a subscription product you purchase required a consultation with a Provider and/or includes a prescription product that you ﬁll through the pharmacy, then the total price you pay includes the amount charged by a pharmacy for the prescription drug and the amount charged by the Medical Group for the services of the Provider, as well as the amount we charge use of and access to the Platform. We collect the amounts charged by the pharmacy and the Medical Groups on behalf of the pharmacy and Medical Groups, respectively, and pass the applicable amounts through to them.
Certain products available through the Platform require a valid prescription by a licensed healthcare provider. You will not be able to obtain a prescription product unless you have completed a consultation with one of the Providers through the Platform, the Provider has determined the prescription product is appropriate for you and the Provider has written a prescription.
If a Provider determines a prescription product is appropriate for you and writes a prescription, you will receive information about your options for ﬁlling the prescription. Certain prescriptions can be ﬁlled through a pharmacy by using the Platform (or you may ﬁll the prescription at any pharmacy of your choice as prompted during your use of the Service or by emailing email@example.com). Prescriptions fulﬁlled by a pharmacy may not use child-resistant packaging and prescription products may not be dispensed in child-resistant containers.
Some prescriptions are not available through a Pharmacy through our Service or must be ﬁlled by a local pharmacy of your choice as prompted during your use of the Service.
If you complete a consultation with a Provider and ﬁll a prescription through a pharmacy on our Service, the prescription product is shipped to you by the applicable pharmacy and the costs associated with the prescription are included in the total charged to you by the Service as described in the “Subscription Products” section above. If you ﬁll a prescription with a pharmacy other than a pharmacy through our Service, the Service will send the prescription to your selected pharmacy, but you will be responsible for picking up or otherwise obtaining the prescription product and paying the pharmacy directly for the cost of the prescription product.
Prescription products available through the Platform are “Third-Party Goods and Services” as described in the Third-Party Goods and Services section of this Agreement.
Limited Use and Availability
Our Service is currently only available to individuals who are located in states in which we offer the Service, are at least eighteen (18) years of age or older, or at least the age of majority in their jurisdiction of residence, if higher than eighteen (18), and who have accepted this Agreement.
By visiting, accessing, registering with or using the Service, you are (a) representing and warranting to us that you satisfy all of these eligibility requirements, (b) representing and warranting that when you use the Service to consult with a Provider, you are located in the same state as the shipping address you provide in your account, (c) agreeing to comply with all applicable laws in visiting, accessing, registering with our using the service, and (d) agreeing that you will only use the Service for lawful purposes. Our Service is subject to state regulations and may change from time to time due to changes in applicable regulatory requirements.
Certain products available through the Service are subject to additional age restrictions, and not all products or services on our Platform are available to all ages.
Certain products and services currently offered through the Service may be provided pursuant to temporary federal or state laws and regulations authorizing such products or services only for the duration of the COVID-19 public health emergency. The expiration of such temporary laws and regulations may result in the discontinuation of or interruption in certain of these services without prior notice.
In some cases, the Service may not be the most appropriate way for you to provide information to, communicate with or seek medical care and treatment from a healthcare provider. For example, certain medical conditions may require an in-person procedure or a healthcare provider other than your Provider, or your Provider may determine that your diagnosis and/or treatment requires an in- person ofﬁce visit or are otherwise not appropriately addressed through use of the Service. In such a case, you may receive notiﬁcation that you will be unable to use the Service for the particular issue you submitted and will be provided additional information regarding next steps.
Consent to Use of Telehealth Services
You must agree to the Medical Groups’ Informed Consent Regarding Use of Telehealth to Deliver Care in order to use Services on the Platform.
Duty to Provide Information, Access, and Connectivity
You are responsible for providing and maintaining, at your own risk, option and expense, appropriate software and hardware capabilities (consistent with any technical, quality or other requirements described in the Service) to enable use of the Service, including but not limited to, a computer or mobile device with a video camera and Internet access. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Service. You also have a duty to provide truthful, accurate and complete information in any forms or other communications you submit to or through the Service. We reserve the right to change the access conﬁguration, including any software, hardware or other requirements of the Service at any time without prior notice.
Registration; User Accounts, Passwords, and Security
You are obligated to register and set up an account in the Platform in order to access the Service, and the Service is available only to Users who have registered and have been granted accounts with usernames and passwords. You agree to accurately maintain and update any information about yourself that you have provided to Minded. If you do not keep such information current, or fail to submit truthful, accurate and complete information, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your account and your use of the Service. You also agree to immediately notify Minded of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to the Service by emailing Minded at firstname.lastname@example.org. In addition, you agree to keep conﬁdential your username and password and to exit from your User account at the end of each session. Minded explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section. You may not use anyone else’s account at any time.
When establishing an account, you will be required to provide a username and password that will be used as your login for your account. To help protect the privacy of data you transmit through the Service, where personally identiﬁable information is requested, we also use technology designed to encrypt the information that you input before it is sent to us using Secure Sockets Layer (SSL) technology or similar encryption technology. In addition, we take steps to protect the User data we collect against unauthorized access. However, you should keep in mind that the Service and our services are run on software, hardware, and networks, any component of which may, from time to time, require maintenance or experience problems or breaches of security beyond our control. In addition, persons with access to your computer, phone, or other mobile or other devices may be able to access the Service and information about you, including medical information, contained in the Service. It is your responsibility to afﬁrmatively logout from your account when you are not actively using it. It is also your responsibility to secure and prevent unauthorized physical access to your computer, phone and other devices, and to protect the conﬁdentiality of your username and password.
You must exercise caution, good sense, and sound judgment in using the Service. You are prohibited from violating, or attempting to violate, the security of the Service. Any such violations may result in criminal and/or civil penalties against you. Minded may investigate any alleged or suspected violations and if a criminal violation is suspected, Minded may cooperate with law enforcement agencies in their investigations.
Use and Ownership of the Service
The Service and the information and Content available through the Service are protected by copyright laws throughout the world. Subject to this Agreement, Minded grants you a limited, non- transferable, revocable license to access and use the Service for your personal use. Unless otherwise speciﬁed by Minded in a separate license, your right to use any of the Service or the Content is subject to this Agreement and all rights in the Service and Content are reserved by Minded. You agree that Minded and its suppliers own all rights, title and interest in the Service (including but not limited to, any computer code, themes, objects, concepts, photographs, product descriptions, blog posts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, and documentation). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service. Minded’s stylized name and other related graphics, logos, service marks and trade names used on or in connection with the Service are the trademarks of Minded and may not be used without permission, including in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Service are the property of their respective owners.
License to Information Submitted via the Service
You will not use nor attempt to use the Service (i) for any unlawful, unauthorized, fraudulent or malicious purpose, (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, (iii) that could interfere with any other party’s use and enjoyment of the Service, (iv) to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining or any other means, (v) to access systems, data, or information not intended by Minded to be made accessible to a user, (vi) to obtain any materials, or information through any means not intentionally made available by Minded, (vii) to reverse engineer, disassemble or decompile any section or technology on the Service, or (viii) for any use other than the business purpose for which it was intended.
In addition, in connection with your use of the Service, you agree you will not: (a) upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic, or that may invade another’s right of privacy or publicity; (b) create a false identity or duplicative accounts for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Minded representative, or falsely state or otherwise misrepresent your afﬁliation with a person or entity; (c) upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or ﬁduciary relationships (such as nondisclosure agreements); (d) upload ﬁles that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted ﬁles, spyware or any other similar software or programs that may damage the operation of another’s computer or property of another; (e) delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; (f) use the Service’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or ﬂooding continuous posting of repetitive text); (g) upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “phishing” or any other form of solicitation, commercial or otherwise; (h) violate any applicable local, state, national or international law; (i) upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party; (j) delete or revise any material posted by any other person or entity; (k) manipulate or otherwise display the Service by using framing, mirroring or similar navigational technology; (l) probe, scan, test the vulnerability of or breach the authentication measures of, the Service or any related networks or systems; (m) register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services or any contests, promotions or sweepstakes if you are not expressly authorized by such party to do so; (n) harvest or otherwise collect information about others, including email addresses; (o) use any robot, spider, scraper, or other automated or manual means to access the Service, or copy, download, distribute or reproduce any content or information on the Service; (p) record in any way the Service without Minded’s prior written consent; or (q) assist or permit any person in engaging in any of these activities.
Minded reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a User's access and/or account. Minded may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.
Right to Monitor
Minded reserves the right to monitor general use of the Service at any time as it deems appropriate and to remove any materials that, in Minded’s sole discretion, may be illegal, may subject Minded to liability, may violate this Agreement, or are, in the sole discretion of Minded, inconsistent with Minded’s purpose for the Service. In some instances, Minded may record your visit for quality assurance and/or training purposes.
Third-Party Goods and Services
Parties other than Minded, including a pharmacy (collectively, “Third Parties”), may provide services or sell products through the Service, and Minded may also make available to you for purchase certain services, devices, items or products manufactured, distributed or sold by Third-Parties (“Third-Party Goods and Services”). Your use of any Third-Party Goods and Services and any interactions with Third Parties, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such use or interactions, are solely between you and such Third Parties.
You agree that Minded shall not be responsible or liable for any loss or damage of any sort incurred as the result of your use of any Third-Party Goods and Services or your interactions with any Third Parties. In the event of any dispute between you and any Third Party, any other User or any other entity or individual, you understand and agree that Minded is under no obligation to become involved in such dispute, and you hereby release and indemnify Minded, its afﬁliates and all of their respective contractors, directors, ofﬁcers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys (collectively, “Minded Parties”) from any and all claims, demands and/or damages (actual or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or the Service or the features and services therein. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Certain of Minded’s shareholders, directors, ofﬁcers, employees, contractors or agents (collectively, “Minded Owners and Personnel”) may have a ﬁnancial interest in one or more Third Parties, and may proﬁt from your use of the Third Parties and/or the sale of Third-Party Goods and Services to you[JR1] .
Terms of Sale
All Services by Minded are subject to availability and we reserve the right to impose quantity limits on any order or reject all or any part of an order without prior notice. In the event of an error, we reserve the right to correct the error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged. Prices for products are subject to change at any time, but changes will not affect any order for products you have already placed. You are responsible for any applicable sales, use, duty, customs or other governmental taxes, levies or fees (“Taxes”) due with respect to your purchase of products or services through our Service. We will collect applicable Taxes if we determine we have a duty to collect Taxes. We will present an estimate of Taxes we collect at checkout, except where we have clearly stated in writing that a price includes Taxes. The actual Taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates. We are not required to, and do not, collect Taxes in all states. You may have a duty to directly report and pay Taxes if we do not collect such Taxes.
Only valid payment methods acceptable to us may be used to complete a purchase via the Service. You represent and warrant that you are authorized to use your designated payment method. You authorize us to charge your designated payment method for the total amount of your order (including any applicable taxes and shipping and handling charges). If any of the products in your order are unavailable, we will only charge the prices, Taxes and other applicable charges associated with the products that are included in the shipment. In connection with any purchase you make through the service, you may be asked to supply certain information relevant to the transaction, including, without limitation, your credit card number and expiration date, your billing address, your shipping address, your phone number and/or your email address. By submitting such information, you grant Minded without charge the irrevocable, unencumbered, universe-wide and perpetual right to provide such information to third parties (e.g., payment processing companies, buyers on the Service, sellers on the Service) for the purpose of facilitating the transaction.
You agree to pay any shipping and handling charges, if any, shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the changes applicable to you before you make your purchase. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. Unless we state otherwise in writing via the Service, risk of loss or damage to a product passes to you upon delivery of the product to our designated carrier.
We reserve the right to remedy User issues and concerns on a case by case basis. We reserve the right, in our sole discretion, to resolve customer issues and concerns based on the facts and circumstances of each User.
Minded may terminate your use of the Service or any of our features or services at any time and for any reason without notice, including, for example, for conduct violating this Agreement, if our agreement with the Medical Groups or a pharmacy terminates or if we discontinue the Service. The provisions of this Agreement concerning Service security, prohibited activities, copyrights, trademarks, user submissions, disclaimers, limitation of liability, arbitration and resolution of Disputes, indemnity and jurisdictional issues shall survive any such termination or any other termination of this Agreement or your relationship with Minded. You agree that if your use of the Service is terminated pursuant to this Agreement, you will not attempt to use the Service under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold all Minded Parties harmless from any and all liability that any such Minded Parties may incur with respect thereto.
Content and other information contained on the Service is provided by Minded as a convenience. Users relying on Content or other information from the Service do so at their own risk.
THE SERVICE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. ANY ACCESS TO OR USE OF THE SERVICE IS VOLUNTARY AND AT THE SOLE RISK OF THE USER. THE MINDED PARTIES AND EACH THIRD-PARTY OFFERING PRODUCTS OR SERVICES THROUGH THE SERVICE TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE WITH REGARD TO THE SERVICE, AND WITH RESPECT TO ANY INFORMATION, CONTENT, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SERVICE OR THE PLATFORM. MINDED DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF THE SERVICE. MINDED DOES NOT WARRANT THAT THE SERVICE WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, IMPERFECTIONS, CORRUPTION, CYBER ATTACK, VIRUSES, MALWARE, OR ANY ADVERSE INCIDENT.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MINDED PARTIES OR ANY THIRD-PARTY OFFERING PRODUCTS OR SERVICES THROUGH THE SERVICE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY AND CONSEQUENTIAL DAMAGES, PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, OR WRONGFUL DEATH, LOSS OF DATA, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING ANY INFORMATION AND CONTENT MADE AVAILABLE THROUGH THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MINDED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT MINDED’S LIABILITY HAS NOT BEEN EXCLUDED OR LIMITED, MINDED PARTIES SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $1,000 COLLECTIVELY BETWEEN THE MINDED PARTIES.
ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE PLATFORM, SERVICE OR CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PLATFORM, SERVICE OR CONTENT IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE PLATFORM, SERVICE OR CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold the Minded Parties and any third-party offering products or services through the Service harmless from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your use of the Service, your fraud, violation of law, or willful misconduct, any breach by you of these Terms and Conditions or your violation of any rights of any other person or entity. We reserve the right to control the defense of any claim by a third-party for which we are entitled to indemniﬁcation, and you agree to provide us with such cooperation as is reasonably requested by us.
Any notices to you from Minded regarding the Service or this Agreement may be made by email, a posted notice on the Service, or regular mail, in the sole discretion of Minded.
You may opt out of certain types of electronic communications through your account or by following the unsubscribe instructions in any communication you receive from Minded. Your withdrawal of consent will be effective within a reasonable time after we receive notice of your withdrawal.
We will need to send you certain communications electronically regarding the Services. You will not be able to opt out of those communications – e.g., communications regarding updates to the Terms and Conditions or information about billing. Your withdrawal of consent will not affect the legal validity or enforceability of the Terms and Conditions provided to and accepted by you. If you withdraw your consent to receive communications electronically, certain Services may become unavailable to you.
It is Minded’s policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notiﬁcation to Minded by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Service of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Minded’s Copyright Agent for notice of claims of copyright infringement is as follows: email@example.com.
This Agreement and any other agreements Minded may post on the Service or that you and Minded may execute from to time constitute the entire agreement between Minded and you in connection with your use of the Service and supersede any prior agreements between Minded and you regarding use of the Service, including prior versions of this Agreement.
Events beyond Minded’s Control
Notwithstanding any other provision of this Agreement, Minded is not liable or responsible to you, nor will Minded be deemed to have defaulted or breached this Agreement, for any failure or delay in fulﬁlling or performing any part of this Agreement, when and to the extent such failure or delay is caused, prevented, restricted or interfered with by any acts or circumstances beyond Minded’s reasonable control, including any delays or issues in shipment or by the relevant carrier, acts of God, ﬂood, ﬁre, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials or telecommunication breakdown, power outage, failures or interruptions on our ecommerce backend services, payment processing services and/or software failures.
Binding Arbitration / Class Waiver
YOU EXPRESSLY AGREES THAT ANY LEGAL CLAIM, DISPUTE OR OTHER CONTROVERSY BETWEEN YOU AND MINDED OR YOU AND ANY OF THE MINDED PARTIES ARISING OUT OF OR OTHERWISE RELATING IN ANY WAY TO MINDED, THE PLATFORM, THE CONTENT OR THE SERVICE, OR ANY OTHER MINDED GOODS, SERVICES OR ADVERTISING, INCLUDING CONTROVERSIES RELATING TO THE APPLICABILITY, ENFORCEABILITY OR VALIDITY OF ANY PROVISION OF THIS AGREEMENT (COLLECTIVELY “DISPUTES”), SHALL BE RESOLVED IN CONFIDENTIAL BINDING ARBITRATION CONDUCTED BEFORE ONE COMMERCIAL ARBITRATOR FROM THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), RATHER THAN IN A COURT, AS DESCRIBED HEREIN. THE ARBITRATION WILL BE GOVERNED BY THE AAA'S COMMERCIAL ARBITRATION RULES AND, IF THE ARBITRATOR DEEMS THEM APPLICABLE, THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (COLLECTIVELY “RULES AND PROCEDURES”). YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT, EXCEPT AS EXPRESSLY PROVIDED HEREIN.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual.
Payment of arbitration costs will be governed by the AAA’s fee schedule, unless you are able to show that your portion will be prohibitive as compared to litigation costs, in which case Minded will pay as much of your arbitration costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation costs. Minded also reserves the right in its sole and exclusive discretion to assume responsibility for all arbitration costs imposed by the AAA. Each party agrees to pay its own attorneys’ fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys’ fees and expenses.
The arbitration shall be conducted in New York, New York except that, in the event New York, New York is not within 100 miles of your residence, the arbitration may be conducted within 100 miles of your residence, unless the parties agree otherwise in writing. The arbitrator’s award shall be ﬁnal and binding on all parties and may be entered as a judgment in any court of competent jurisdiction.
For more information on AAA, its Rules and Procedures, and how to ﬁle an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at https://www.adr.org.
Notwithstanding anything to the contrary herein, to the extent the Dispute arises from: (a) a violation of either party’s intellectual property rights in any manner; (b) any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the Computer Fraud and Abuse Act; and/or (c) any claim for equitable relief; then you and Minded agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court in New York, New York, and both parties agree to submit to the personal jurisdiction of such courts in connection with such proceedings. In addition to the foregoing, either party may assert an individual action in small claims court for Disputes that are within the scope of such court’s jurisdiction in lieu of arbitration as long as such action remains in such court and advances only on an individual (non-class, non-representative) basis.
ALL DISPUTES SUBJECT TO ARBITRATION UNDER THIS AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE OR REPRESENTATIVE BASIS. NO PARTY MAY BRING ANY CLAIM SUBJECT TO ARBITRATION PURSUANT TO THIS AGREEMENT AS A PRIVATE ATTORNEY GENERAL, IN A REPRESENTATIVE CAPACITY, OR AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS PROCEEDING. THE CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE JOINED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. NO ARBITRATION SHALL BE CONSOLIDATED OR JOINED WITH ANY OTHER ARBITRATION. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY 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). If a decision is issued stating that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim or request for relief, then such claim or request for relief (and only that claim or request for relief) shall be severed from the arbitration and may be brought exclusively in the state or federal courts located in New York, New York, subject to the parties’ respective rights to appeal the decision. All other claims or requests for relief shall be arbitrated. The parties agree that any claims or requests for relief that are severed from an arbitration may not proceed in litigation and shall be stayed until all claims between the parties remaining in arbitration are ﬁnally resolved. The parties agree to submit to the personal jurisdiction of the federal and state courts located in New York, New York for purposes of resolving any claims or requests for relief severed from arbitration pursuant to this paragraph.
You can opt out of the provisions of this Agreement that require the arbitration of Disputes within 30 days of the date that you ﬁrst agree to any version of this Agreement that requires arbitration of disputes with Minded. To opt out, you must send your name, residence address, and email address together with a clear statement that you want to opt out of the requirement to arbitrate disputes with Minded to: Minded, Inc., 122 Grand Street, New York, NY 10013, ATTN: Arbitration Opt-Out.
Before you commence arbitration of a Dispute, you must provide us with a written Notice of Dispute that includes your name, residence address, username (if applicable) and email address associated with your User account (if applicable), a detailed description of the Dispute, and the relief you seek. Before we commence arbitration of a Dispute against you, we will provide a written Notice of Dispute to you with a detailed description of the Dispute and the relief we seek. Any Notice of Dispute you send to us should be mailed to Minded, Inc., 122 Grand Street, New York, NY 10013, ATTN: Dispute Notice. If we are unable to resolve a Dispute within 30 days after the applicable Notice of Dispute is received, either party may commence arbitration. Notwithstanding anything to the contrary in this Agreement, if we make any future material modiﬁcation to any provisions of this Agreement that govern the arbitration or resolution of Disputes, such changes will not apply to any Dispute between you and us for which either party had previously provided a written Notice of Dispute to the other in accordance with this paragraph. Further, if we make any future material changes to the provisions of this Agreement that govern the arbitration or resolution of Disputes, you may reject such changes by sending a written notice of your rejection decision to us at Minded, Inc., 122 Grand Street, New York, NY 10013, ATTN: Arbitration Opt-Out within 30 days of the effective date of such modiﬁcations.
Governing Law; Venue; Severability of Provisions
This Service is controlled and operated by Minded from our ofﬁces within New York. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable. Access to the Service from jurisdictions where the contents of the Service are illegal or penalized is prohibited.
The validity, interpretation, construction and performance of this Agreement will be governed by the Federal Arbitration Act and the laws of the State of New York without regard to any conflicts of law provisions.
All parts of this Agreement apply to the maximum extent permitted by law. Our failure to enforce any provision of this Agreement will not constitute a waiver of such right. We both agree that if we cannot enforce a part of this Agreement as written, then that part will be replaced with terms that most closely match the intent of the unenforceable part to the extent permitted by law. Except as otherwise provided in this Agreement, the invalidity of part of this Agreement will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.
No Agency Relationship
Neither this Agreement, nor any Content, materials or features of the Service create any partnership, joint venture, employment, or other agency relationship between you and Minded. You may not enter into any contract on our behalf or bind us in any way.
You may not assign any of your rights under this Agreement, and any such attempt will be null and void. Minded may, in its sole discretion, transfer, without further consent or notiﬁcation, all contractual rights and obligations pursuant to this Agreement to any afﬁliate of Minded or to another third party in the event that some or all of the business of Minded is transferred to such other third party by way of merger, sale of its assets or otherwise.
Third Party Beneﬁciaries
Except for the foregoing or as otherwise speciﬁcally set forth in this Agreement, including with respect to the indemniﬁcation obligations contained herein in favor of the Minded Parties and the agreement to arbitration, we hereby expressly agree that there is no intent by either party to create or establish third-party beneﬁciary status rights or their equivalent in any other referenced individual, subcontractor or third party, and, except as speciﬁcally set forth in this Agreement, that no third party shall have any right to enforce any right or enjoy any beneﬁt that is created or established under this Agreement.
If you have any questions or concerns about this Agreement, please contact us by email at firstname.lastname@example.org. We will attempt to respond to your questions or concerns promptly after we receive them.
Last Updated: January 13th 2023.
The following information was conveyed to you as part of your clinical care telehealth session and you acknowledged the same.
Last revision: March 16th, 2022
Minded, which includes Minded, Inc. and Medical Groups as described in the Minded Terms andConditions, complies with applicable Federal and State civil rights laws and does not discriminate on the basis of race, color, national origin, age, disability, or sex.
Minded does not exclude people or treat them differently because of race, color, national origin, age, disability, or sex.
Minded provides reasonable accommodations to people with disabilities and individuals in need of language assistance services.
If you need these services or have any accessibility questions or requests, contact Minded email@example.com or 909-442-0618.
If you believe that Minded has failed to provide these services or discriminated in another way on the basis of race, color, national origin, age, disability, or sex, you can file a grievance with: firstname.lastname@example.org or 909-442-0618.
You can also file a civil rights complaint with the U.S. Department of Health and HumanServices, Office for Civil Rights electronically through the Office for Civil Rights ComplaintPortal, available at https://ocrportal.hhs.gov/ocr/portal/lobby.jsf, or by mail or phone at: U.S.Department of Health and Human Services 200 Independence Avenue SW. Room 509F, HHHBuilding Washington, DC 20201 Toll Free: 1-800-868-1019, 800-537-7697 (TDD).
Complaint forms are available at http://www.hhs.gov/ocr/office/file/index.html.
When scheduling an appointment with Minded, time is allocated to provide patients with the highest quality of care, while accommodating other patients’ needs.
Should you need to cancel or reschedule, please do so by signing in to tryminded.com no later than 24 hours prior to your scheduled appointment. While we are sensitive to the fact that emergencies occur, cancelations and no-shows reduce our ability to schedule other patients.
We request your full cooperation with the cancelation/no-show policy:
Please note the following:
Prescription refills are authorized during appointments. As a result, if a patient does not keep their appointment, prescription refills may not be provided until the patient is seen. It is important to monitor patient progress in treatment throughout the course of care. Collaboration between patient and provider determines how often appointments should occur as it relates to prescription refills.
Please review this Notice carefully. Capitalized terms not defined herein shall have the respective meanings given to them in the Minded Terms of Service.
How is patient privacy protected?
We understand that information about you and your health is personal. By “health information,” we mean protected health information as defined under federal law (HIPAA, and its implementing regulations). Not only is it our legal obligation, but it is our business imperative to ensure the confidentiality of your health information. We continuously seek to safeguard your health information through administrative, physical, and technical means, and otherwise abide by applicable federal and state laws.
How do we collect and maintain your health information?
The health information that we collect or maintain may include:
· Your name, age, email address, username, password, and other registration information.
· Health information that you provide us, which may include information or records relating to your medical or health history, health status and laboratory testing results, diagnostic images, and other health related information.
· Health information about you prepared or obtained by the clinical professionals and support staff who provide clinical services through Minded such as medical and records, treatment and examination notes, remote monitoring data, and other health related information.
· Billing information that you provide us, such as credit card information, or that we receive from a health plan or other provider of healthcare benefits on your behalf.
How do we use and disclose health information?
We use and disclose your health information for the normal business activities that the law sees as falling in the categories of treatment, payment and healthcare operations. Generally, we do not need your permission for these disclosures under applicable laws. Below we provide examples of those activities, although not every use or disclosure falling within each category is listed:
· Treatment – We keep a record of the health information you provide us. This record may include your test results, diagnoses, medications, your response to medications or other therapies, and information we learn about your medical condition through our services. We may disclose this information so that other doctors, nurses, and entities such as laboratories can meet your healthcare needs.
· Payment – We document the services and supplies you receive when we are providing care to you so that you, your insurance company or another third party can pay us. We may tell your health plan about upcoming treatment or services that require prior approval by your health plan.
· Health Care Operations – Health information is used to improve the services we provide, to train staff, for business management, quality assessment and improvement, and for customer service. For example, we may use your health information to review our treatment and services and to evaluate the performance of our staff in caring for you.
We may also use and disclose your health information to:
· Comply with federal, state or local laws that require disclosure.
· Assist in public health activities such as tracking diseases or medical devices.
· Inform authorities to protect victims of abuse or neglect.
· Comply with federal and state health oversight activities such as fraud investigations.
· Respond to law enforcement officials or to judicial orders, subpoenas or other processes.
· Inform coroners, medical examiners and funeral directors of information necessary for them to fulfill their duties.
· Facilitate organ and tissue donation or procurement.
· Conduct research following internal review protocols to ensure the balancing of privacy and research needs.
· Avert a serious threat to health or safety.
· Assist in specialized government functions such as national security, intelligence and protective services.
· Inform military and veteran authorities if you are an armed forces member (active or reserve).
· Inform a correctional institution if you are an inmate.
· Inform workers’ compensation carriers or your employer if you are injured at work.
· Recommend treatment alternatives.
· Tell you about health-related products and services.
· Communicate within our organization for treatment, payment, or healthcare operations.
· Communicate with other providers, health plans, or their related entities for their treatment or payment activities, or health care operations activities relating to quality assessment and improvement, care coordination and the qualifications and training of healthcare professionals.
· Provide information to other third parties with whom we do business, such as a record storage provider. However, you should know that in these situations, we require third parties to provide us with assurances that they will safeguard your information.
· We may also use or disclose your personal or health information for operational purposes. For example, we may communicate with individuals involved in your care or payment for that care, such as family or guardians and send appointment reminders.
All other uses and disclosures, not previously described, may only be done with your written authorization. We will also obtain your authorization before we use or disclose your health information for marketing purposes or before we would sell your information. You may revoke your authorization at any time; however, this will not affect prior uses and disclosures. In some cases state law may require that we apply extra protections to some of your health information.
What are the Healthcare Professional’s Responsibilities?
We are required by law to:
· Maintain the privacy of your health information.
· Provide this Notice of our duties and privacy practices.
· Abide by the terms of the Notice currently in effect.
· Tell you if there has been a breach that compromises your health information.
We reserve the right to change our privacy practices and make the new practices effective for all the information we maintain. Revised notices will be posted on the Site.
Do you have any Federal Rights?
The law entitles you to:
· Inspect and copy certain portions of your health information. We may deny your request under limited circumstances. You may request that we provide your health records to you in an electronic format.
· Request amendment of your health information if you feel the health information is incorrect or incomplete. However, under certain circumstances we may deny your request.
· Receive an accounting of certain disclosures of your health information made for the prior six (6) years, although this excludes certain disclosures for treatment, payment, and health care operations. (Fees may apply to this request.)
· Request that we restrict how we use or disclose your health information. However, we are not required to agree with your requests, unless you request that we restrict information provided to a payor, the disclosure would be for the payor’s payment or healthcare operations, and you have paid for the health care services completely out of pocket.
· Request that we communicate with you at a specific telephone number or address.
· Obtain a paper copy of this notice even if you receive it electronically.
We may ask that you make some of these requests in writing.
What if I have a complaint?
If you believe that your privacy has been violated, you may file a complaint with us or with the Secretary of Health and Human Services in Washington, D.C. We will not retaliate or penalize you for filing a complaint with us or the Secretary. To file a complaint with us or receive more information contact:
Address: 122 Grand St New York NY 10013
To file a complaint with the Secretary of Health and Human Services write to 200 Independence Ave., S.E., Washington, D.C. 20201, call 1-800-537-7697, or file an online complaint at https://ocrportal.hhs.gov/ocr/smartscreen/main.jsf.
Who will follow this Notice?
This Notice describes the health care practices of:
· Any Provider authorized to access and/or enter information into your health record through Minded;
· All departments and units of Minded through which telehealth and in-person health services are provided; and
· All affiliates and volunteers.