Terms & Policies

TERMS OF USE

PLEASE READ THESE TERMS OF USE (“AGREEMENT”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY ZENDYPLACE, LLC D/B/A ZENDYHEALTH (“COMPANY”). BY VISITING THE WEBSITE, MOBILE SITE, OR ANY ASSOCIATED APP OR USING THE SERVICES IN ANY MANNER, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND A PARTY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU HAVE NO RIGHT TO USE THE WEBSITE OR SERVICES. USE OF COMPANY’S SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS.

  • ACCESS TO THE SERVICES. The zendyhealth.com website and domain name and any other linked pages, features, content, or application services (including without limitation any mobile application services) offered from time to time by Company in connection therewith (collectively, the “Website”) are owned and operated by Company. Subject to the terms and conditions of this Agreement, Company may offer to provide certain services, as described more fully on the Website, and that have been selected by You (together with the Website, the “Services”), solely for Your own use, and not for the use or benefit of any third party. The term “Services” includes, without limitation, use of the Website, any service Company performs for You and the Content (as defined below) offered by Company on the Website. Company may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or Content. Company may also impose limits on certain features and services or restrict Your access to parts or all of the Services without notice or liability. In addition to this Agreement, certain Services offered to Service Providers (as defined below) may also be subject to additional terms and conditions that will be presented to You prior to Your use of such Services (the “Additional Terms and Conditions”). To the extent the Additional Terms and Conditions conflict with this Agreement, the Additional Terms and Conditions shall govern with respect to the Services to which they relate. Company reserves the right, in its sole discretion, to modify this Agreement at any time by posting a notice on the Website, or by sending You a notice via email or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following such notification constitutes Your acceptance of the terms and conditions of this Agreement as modified.

    Company does not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register for the Services. If You are under 18, please do not attempt to register for the Services or send any information about Yourself to us, including Your name, address, telephone number, or email address. No one under age 18 may provide any personal information to Company or on the Services. In the event that we learn that we have collected personal information from a child under age 18 without verification of parental consent, we will delete that information as quickly as possible. If You believe that we might have any information from or about a child under 18, please contact us at zendyteam@zendyhealth.com.
    You represent and warrant to Company that: (i) You are an individual (i.e., not a corporation or other entity) and You are of legal age to form a binding contract and You are at least 18 years or age or older; (ii) all registration information You submit is accurate and truthful; and (iii) You will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.

  • WEBSITE AND SERVICES CONTENT. The Website, the Services, and their contents are intended solely for the personal, non-commercial use of Services users and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Services (including, but not limited to text, graphics, articles, photographs, images, illustrations (also known as the “Content,” and which includes User Submissions (as defined below))) are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by You: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
    The Website and the Services are protected by copyright as collective works and/or compilations, pursuant to U.S. copyright laws, international conventions, and other intellectual property laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.

    You may download or copy the Content (and other items displayed on the Website or Services for download) for personal non-commercial use only, provided that You maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content other than personal, noncommercial use is expressly prohibited without prior written permission from Company or from the copyright holder identified in such Content’s copyright notice. If You link to the Website, Company may revoke Your right to so link at any time, at Company’s sole discretion. Company reserves the right to require prior written consent before linking to the Website.

    In the course of using the Services, You and other users may provide information which may be used by Company in connection with the Services and which may be visible to certain other users. You understand that by posting information or content on the Website or otherwise providing content, materials or information to Company or in connection with the Services (collectively, “User Submissions”), Company hereby is and shall be granted a non exclusive, worldwide, royalty free, perpetual, irrevocable, sublicenseable and transferable right to fully exploit such User Submissions (including all related intellectual property rights) in connection with the Services, the Website, and Company’s (and its successors’ and assigns’) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels; however, Company will only share Your personally identifiable information in accordance with Company’s Privacy Policy. You also hereby do and shall grant each user of the Services a non-exclusive license to access Your User Submissions through the Services, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Services and under this Agreement. Furthermore, You understand that Company retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by You. For clarity, the foregoing license grant to Company does not affect Your ownership of or right to grant additional non-exclusive licenses to the material in Your User Submissions, unless otherwise agreed in writing.

    You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and that Company will not be liable for any errors or omissions in any content. You understand that Company cannot guarantee the identity of any other users with whom You may interact in the course of using the Services. Additionally, Company cannot guarantee the authenticity of any data which users or merchants may provide about themselves. You acknowledge that all Content accessed by you using the Services is at Your own risk and You will be solely responsible for any damage or loss to any party resulting therefrom.

    Under no circumstances will Company be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.

  • RESTRICTIONS. You warrant, represent and agree that You will not contribute any Content or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) involves commercial activities and/or sales without Company’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including without limitation any employee or representative of Company; or (vi) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. Company reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Company is concerned that You may have breached the immediately preceding sentence), or for no reason at all. You, not Company, remain solely responsible for all Content that You upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and You warrant that You possess all rights necessary to provide such content to Company and to grant Company the rights to use such information in connection with the Services and as otherwise provided herein.

    You are responsible for all of Your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Services. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while You are not logged on to the Website, or that otherwise interfere with the proper working of, or place an unreasonable load on, the Services’ infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Website is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with Your activity in connection with the Services.

  • WARRANTY DISCLAIMER. Company has no special relationship with or fiduciary duty to You. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content You access via the Services; what effects the Content may have on You; how You may interpret or use the Content; or what actions You may take as a result of having been exposed to the Content. You release Company from all liability for You having acquired or not acquired Content through the Services. The Company is not a medical, dental, or cosmetic service provider or adviser; any material on the Website or otherwise provided through the Services is for informational purposes only, and is not a substitute for medical or dental advice, diagnosis or treatment provided by a qualified health care provider. If You have any concerns regarding a procedure, You should raise those concerns with Your Service Provider prior to such procedure. The Company does not endorse any of the Service Providers offering services or procedures for purchase through the Website nor is the Company responsible for the results of any procedures performed by Service Providers. The Services may contain, or direct You to websites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any content contained in or accessed through the Services, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. Company makes no representations or warranties regarding the accuracy of descriptions anywhere on the Services, or regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased (whether or not following such recommendations and suggestions) are provided “AS IS” without any warranty of any kind from Company or others unless, with respect to others (only), otherwise made expressly and unambiguously in writing by a designated third party for a specific product or service. THE SERVICES, CONTENT, WEBSITE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE, AND ANY SOFTWARE, ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WITHOUT LIMITING THE FOREGOING, NO WARRANTY OR GUARANTEE IS MADE (1) REGARDING THE ACCEPTANCE OF ANY OFFER, (2) THAT A USER WILL RECEIVE THE LOWEST AVAILABLE PRICE FOR GOODS AND/OR SERVICES AVAILABLE THROUGH THIS WEBSITE, (3) REGARDING THE AVAILABILITY OF PRODUCTS AND/OR SERVICES THROUGH THIS WEBSITE OR, WHERE APPLICABLE, WITH ANY SERVICE PROVIDER, OR (4) REGARDING THE RESULTS OBTAINED FROM THE USE OF THE WEBSITE. Any provider who makes one or more services available for purchase through the Website (a “Service Provider”) is an independent contractor and not an agent or employee of the Company. To the extent permitted by law, the Company shall not assume liability for any injury, damage, death, loss, accident or delay due to an act or omission of a Service Provider, including, without limitation, an act of negligence or the default of a Service Provider, or an act of God. The Company shall not be responsible for any Service Provider’s breach of any warranty including, but not limited to, implied warranties of fitness for a particular purpose or of merchantability, nor shall the Company be responsible for any other wrongdoing of a Service Provider (including but not limited to any liability in tort or contract). The Company shall not be responsible for any Service Provider’s failure to comply with this Agreement nor for any Service Provider’s failure to comply with applicable federal, state, provincial and local law.
  • All Service Providers available through the Services represent that they are validly licensed in the applicable State and that they are in good standing with their respective licensure board(s). However, Company is not responsible for credentialing Service Providers, makes no representation regarding the accuracy of Service Providers’ credentials, and expressly disclaims any liability for fraudulent credentials or claims by Service Providers. We recommend that You separately confirm that your Service Provider is in good standing with his or her respective licensing board(s).
  • NO MEDICAL AND DENTAL ADVICE.

    The content (which includes any text, graphics images or other material contained, accessed or entered on the Website (“Content”)) on this Website is for educational/informational purposes only, and is not a substitute for medical advice, diagnosis or treatment provided by a qualified health care professional. Any communication between You and health care professionals on the Website or through the Service is for general informational purposes only and does not create nor is it intended to create a physician-patient relationship as defined by federal and state law. Your reliance on any information or Content provided on the Website, whether or not it is provided by a health care professional, is solely at Your own risk. You should always seek the advice of Your physician or health care professional for any questions You may have about Your own medical condition.

  • PRIVACY POLICY. For information regarding Company’s treatment of personally identifiable information, please review Company’s current Privacy Policy, which is hereby incorporated by reference; Your acceptance of this Agreement constitutes Your acceptance and agreement to be bound by Company’s Privacy Policy.
    We strongly recommend that You do not use the Website on public computers. We also recommend that You do not store your Website password through Your web browser or other software.
  • REGISTRATION AND SECURITY. As a condition to using some aspects of the Services, You may be required to register with Company and select a password and user name (“Company User ID”). You shall provide Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of Your account. You may not (i) select or use as a Company User ID a name of another person with the intent to impersonate that person; or (ii) use as a Company User ID a name subject to any rights of a person other than You without appropriate authorization. Company reserves the right to refuse registration of or cancel a Company User ID in its discretion. You shall be responsible for maintaining the confidentiality of Your password.
  • INDEMNITY. You will indemnify and hold Company, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of Your access to the Services, use of the Services, Your violation of this Agreement, or the infringement by You or any third party using Your account of any intellectual property or other right of any person or entity.
  • LIMITATION OF LIABILITY. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (II) FOR LOSS OF PROFITS, DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES ARISING OUT OF YOUR ACCESS TO OR USE OF THE WEBSITE OR SERVICES, OR THE INABILITY TO ACCESS OR USE THE WEBSITE OR SERVICES, WHETHER CAUSED BY COMPANY OR THIRD PARTIES, ONLINE SERVICE PROVIDERS, OR ANY AGENT OR SUBCONTRACTOR OF ANY OF THE FOREGOING; OR (III) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL. IN NO EVENT SHALL COMPANY LIABILITY UNDER THIS AGREEMENT EXCEED IN THE AGGREGATE THE GREATER OF $100 OR THE FEES PAID BY YOU FOR THE SERVICES DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
  • OFFERS; FEES AND PAYMENT THRU ZENDYHEALTH MARKETPLACE (PICK YOUR PRICE OPTION). Through the Website and the ZendyHealth Marketplace, You may choose to purchase certain services offered by Service Providers by placing an offer for such a service as directed on the Website and by providing an acceptable method of payment (an “Open Offer”). You may cancel an Open Offer without charge any time prior to the time such Open Offer is accepted and matched by a Service Provider (a “Matched Offer”). No services are purchased by You until Your Open Offer is accepted and matched by a Service Provider (a “Matched Service Provider”). By submitting an Open Offer You acknowledge and agree that You are making a legally binding offer to purchase the specified service (1) from any Service Provider on the Website, (2) at any location within the area specified by You, and (3) at any time within the time frame specified by You. At the time Your Open Offer is accepted by a Service Provider, You may be charged a fee for using the services (“Service Fee”) -- your method of payment will be charged the applicable flat fee of $49 or a variable fee based upon the service requested (or less if a promotional code / coupon is used) and You shall be notified of such acceptance along with the name of the Service Provider and Your appointment time and location. The amount due for the services covered under your Matched Offer will be charged to You directly by Your Service Provider when the applicable service is provided. The services associated with a Matched Offer are non-changeable and non-transferable without the express written consent of the Service Provider that accepted such Matched Offer. Persons under the age of 18 are not eligible to purchase any services available through the Website. You may contact the Matched Service Provider directly to reschedule the appointed time for which the services purchased by You are to be provided. You acknowledge and agree that the Company will not (and has no obligation to) assist You in rescheduling any appointment with a Service Provider. Notwithstanding anything to the contrary, the Company has no obligation to (i) reschedule the services to be provided to You in connection with your Offer; or (ii) refund any amount aside from what is stated in our Money Guarantee policy in the following section. Payment for a Matched Offer is inclusive of the consultation for the associated procedure, the performance of the associated procedure, any facility fees and any tax associated with such consultation or procedure. It may not be inclusive of necessary ancillary services such as lab and other diagnostic tests so You should check with Your Service Provider whether there are any associated additional fees. Company shall retain Your Service Fee if a Matched Service Provider provides a different procedure in lieu of the procedure associated with Your Matched Offer. Note that some Providers may, at their own discretion, charge an appointment / rescheduling fee should You cancel or reschedule Your appointment.

    Note that offers made by user on services / procedures typically covered by dental or health insurance represent cash / self-pay prices. Insurance not valid.

  • CANCELLATION AND MONEY BACK GUARANTEE. If Your Open Offer is accepted and matched by a Service Provider, You may cancel Your Matched Offer and the associated procedures at any time. You will receive a full refund of any Service Fee made in connection with a Matched Offer that is cancelled within twenty-four (24) hours of the time You are notified of such Matched Offer (a “24-hour Cancellation”). For any cancellation of a Matched Offer other than a 24-hour Cancellation, You will receive a full refund of any Service Fee paid to Company in connection with such Matched Offer less a $10 administrative fee. After a Matched Offer service is completed, You cannot receive any refund. The Money Back Guarantee DOES NOT apply after a Matched Offer service is completed by the Service Provider. Company is not responsible for refunding any amount paid to the Service Provider by You.
  • PRE-PROCEDURE INSTRUCTIONS. A Service Provider may have pre-procedure instructions for You to follow in connection with a procedure associated with a Matched Offer. Such pre-procedure instructions should be discussed between You and the Service Provider prior to Your procedure and Company is not responsible for providing such instructions or ensuring that such instructions are provided.
  • INELIGIBILITY REFUND. You may receive a full refund of the amount of Your Service Fee for Your Matched Offer if (a) after consultation, a Matched Service Provider provides Company with written notice that You are medically ineligible for the procedure associated with Your Matched Offer and (b) You sign the Company’s medical release form provided to You by Service Provider authorizing Matched Service Provider to release Your medical information to Company or its representatives (an “Ineligibility Refund”). You acknowledge and agree that Company is not responsible for Service Provider’s failure to provide Company with such written notice that You are ineligible for a procedure. Any Ineligibility Refunds will be provided within 6-12 weeks after all requirements for such refund are met. Notwithstanding any of the foregoing, under no circumstances will an Ineligibility Refund be provided to You if You have not requested such refund from the Company within sixty (60) days of the appointment set forth in Your Matched Offer.
  • INTERACTION WITH THIRD PARTIES. The Services may contain links to third-party websites or services (“Third Party Websites”) that are not owned or controlled by Company, or the Services may be accessible by logging in through a Third Party Website, as described more fully in our Privacy Policy. When You access Third Party Websites, You do so at your own risk. You hereby represent and warrant that You have read and agree to be bound by all applicable policies of any Third Party Websites relating to Your use of the Services and that You will act in accordance with those policies, in addition to Your obligations under this Agreement. Company has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Websites. In addition, Company will not and cannot monitor, verify, censor or edit the content of any Third Party Website. By using the Services, You expressly relieve and hold harmless Company from any and all liability arising from Your use of any Third Party Website.

    Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such organizations and/or individuals. You should make whatever investigation You feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, You understand and agree that Company is under no obligation to become involved. In the event that You have a dispute with one or more other users or third parties, You hereby release Company, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes. If You are a California resident, You shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

  • COMMUNICATION FEES AND CHARGES. You agree to be responsible for any telephone charges and/or Internet service fees You incur in accessing Your account(s) through the Services.
  • CHANGES IN SERVICES/INTERRUPTIONS IN SERVICE. Company reserves the right, in its sole discretion, to revise, discontinue, or otherwise modify, temporarily or permanently, the Services or any part thereof (including, without limitation, the Website, these Service Provider Terms, and any materials related to the Services), or your access thereto, at any time by posting a notice on the Website, or by sending You a notice via email or postal mail. Without limiting the foregoing, Company reserves the right at any time to terminate this Agreement as to all prior versions of the Services and/or related materials and limit access to Company’s more recent versions and updates. You shall be responsible for reviewing and becoming familiar with any such modifications.
  • You may choose to accept or decline our changes by closing, continuing or discontinuing use of the Services to which these changes relate. Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.
  • We may, from time to time perform maintenance upon the Services or experience hardware, software or other problems related to the Services, resulting in interrupted service, delays or errors in the Services. We will attempt to provide prior notice of such interruptions, delays or errors but cannot guarantee that such notice will be provided.
  • TERMINATION. This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services at any time. Company may terminate or suspend your access to the Services or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. Company may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Services, access the Website, and any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
  • MISCELLANEOUS. The Company shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Company. No delay or omission on the Company’s part in exercising any right or remedy shall operate as a waiver of that right or remedy or any other rights or remedies. A waiver on any particular occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with Company’s prior written consent. Company may transfer, assign or delegate this Agreement and its rights and obligations without consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Company in any respect whatsoever. Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede.
  • ARBITRATION; GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in San Diego County, California, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Southern District of California.
  • SEVERABILITY. In the event any one or more of the provisions of this Agreement shall for any reason be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired, and the invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable provision, which, being valid, legal and enforceable, comes closest to the intention of the parties underlying the invalid, illegal or unenforceable provision.
  • HARM TO COMPUTER SYSTEMS/DATA. You agree that the Company shall have no liability of any kind for viruses, worms, Trojan horses, or other similar harmful components that may enter Your computer by downloading information, software, or other materials from the Website or any other site.
  • COPYRIGHT DISPUTE POLICY. Company has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Company’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this Section. It is Company’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.

    A. Procedure for Reporting Copyright Infringements:

    If you believe that material or content residing in or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:

    1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;

    2. Identification of works or materials being infringed;

    3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;

    4. Contact information about the notifier including address, telephone number and, if available, email address;

    5. A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and

    6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

    B. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:

    It is Company’s policy:

    1. to remove or disable access to the infringing material;

    2. to notify the content provider, member or user that it has removed or disabled access to the material; and

    3. that repeat offenders will have the infringing material removed from the system and that Company will terminate such content provider’s, member’s or user’s access to the Services.

    C. Procedure to Supply a Counter-Notice to the Designated Agent:

    If the content provider, member or user believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider, member, or user, must send a counter-notice containing the following information to the Designated Agent listed below:

    1. A physical or electronic signature of the content provider, member or user;

    2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;

    3. A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and

    4. Content provider’s, member’s or user’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or, if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

    If a counter-notice is received by the Designated Agent, Company may send a copy of the counter-notice to the original complaining party informing that person that Company may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company’s discretion.

    Please contact Company’s Designated Agent to Receive Notification of Claimed Infringement at the following address: zendyteam@zendyhealth.com.

  • ADDITIONAL MISCELLANEOUS: You acknowledge and agree that Company is not a covered entity as the term is defined by the rules and standards promulgated pursuant to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), nor is Company performing a function on behalf of any Service Provider which would cause Company to be considered a business associate for purposes of HIPAA. You further acknowledge that Company does not and shall not collect, and shall have no responsibility for collecting, any medical history, individually identifiable health information, or any other personal health information of a User which constitutes Protected Health Information (as defined by HIPAA) in connection with the provision of any service provided to you by a Service Provider (collectively, “User Health Information”). Service Providers are solely responsible for the collection and safeguarding of all such User Health information in full compliance with HIPAA and other applicable Laws.

    No part of the Services and nothing contained in this Agreement is intended or shall be construed: (i) as a requirement, recommendation, endorsement, solicitation, or attempt to exert any influence in any manner upon You to purchase any items or services (including, without limitation, any procedures, opinions or other information) offered through the Company Services from any particular Service Provider; or (ii) to interfere with Your right to choose Your own health care provider, or with a Service Provider’s judgment regarding Your ordering of any items or health care services through the Services. Company undertakes no responsibility for, and expressly disclaims any liability or obligation for, determining the quality of the items or services offered through, or the Service Providers participating in, the Services. IN NO EVENT SHALL COMPANY BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION PROVIDED BY A SERVICE PROVIDER. Services are available for use only as offered by Company at the Website. You agree to use the Services at the Website and not through any other means. You further agree not to create or provide any other means through which the Services may be used by others, as through server emulators. acknowledge that You do not have the right to create, publish, distribute, reverse engineer, create derivative works from or use any software programs, utilities, applications, emulators or tools derived from or created for the Website. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not sell or auction any of the Content or any of the rights relating to such Content. Failure to comply with the restrictions and limitations contained in this Section shall result in the immediate, automatic termination of the license granted hereunder and may subject You to civil and/or criminal liability.

  • CONTACT. If You have any questions, complaints, or claims with respect to the Services, You may contact us at zendyteam@zendyhealth.com.

Effective: April 20, 2015

SERVICE PROVIDER ADDITIONAL TERMS OF USE

THESE SERVICE PROVIDER TERMS OF USE (“SERVICE PROVIDER TERMS” OR THIS “AGREEMENT”) ARE ADDITIONAL TERMS THAT APPLY TO THE SERVICES OFFERED BY ZENDYPLACE D/B/A ZENDYHEALTH (“COMPANY”) TO SERVICE PROVIDERS. BY USING THE SERVICES IN ANY MANNER, YOU AGREE THAT YOU HAVE READ AND ARE BOUND BY THE TERMS AND CONDITIONS OF THESE SERVICE PROVIDER TERMS AND THE ZENDYPLACE (D/B/A ZENDYHEALTH) GENERAL TERMS OF USE (“GENERAL TERMS”), WHICH ARE HEREBY INCORPORATED INTO THESE SERVICE PROVIDER TERMS BY REFERENCE. IF YOU DO NOT UNCONDITIONALLY AGREE TO COMPLY WITH THESE SERVICE PROVIDER TERMS AND THE GENERAL TERMS, YOU SHALL NOT USE THE SERVICES OR THE WEBSITE. USE OF THE SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE GENERAL TERMS, TO THE EXCLUSION OF ALL OTHER TERMS. IF YOU ARE ACTING ON BEHALF OF AN ORGANIZATION, YOU ARE AGREEING TO THESE SERVICE PROVIDER TERMS FOR THAT ORGANIZATION AND REPRESENTING AND WARRANTING THAT YOU HAVE THE AUTHORITY TO BIND THAT ORGANIZATION TO THESE SERVICE PROVIDER TERMS; IN THAT CASE, “YOU” AND “YOUR” BELOW WILL REFER TO THAT ORGANIZATION WHERE APPLICABLE. AS USED IN THIS AGREEMENT, “ORGANIZATION” MEANS THE PERSON OR ENTITY AND ALL MEDICAL OR DENTAL PRACTITIONERS, OTHER HEALTH CARE PROFESSIONALS AND STAFF MEMBERS WHO PROVIDE PROCEDURES AND ARE LOCATED IN THE SAME OFFICE OR AFFILIATE OFFICES FOR WHICH AN ACCOUNT IS CREATED ON THE WWW.ZENDYHEALTH.COM WEBSITE (THE “WEBSITE”), MOBILE SITE, OR ANY ASSOCIATED APP OR WHO OTHERWISE USE THE WEBSITE OR THE SERVICES FOR THE PURPOSES SET FORTH IN THIS AGREEMENT. YOU AGREE THAT THESE SERVICE PROVIDER TERMS ARE CONFIDENTIAL AND YOU AGREE NOT TO DISCLOSE THEM TO ANY PARTY (OTHER THAN TO YOUR AGENTS OR EMPLOYEES, IN EACH CASE, ONLY ON A NEED-TO-KNOW BASIS AND ONLY TO THE EXTENT SUCH AGENT OR EMPLOYEE IS BOUND BY OBLIGATIONS TO MAINTAIN THE CONFIDENTIALITY OF THESE SERVICE PROVIDER TERMS).

1. REPRESENTATIONS AND WARRANTIES (FOR PARTICIPATION IN ZENDYHEALTH MARKETPLACE). You represent and warrant as of the date You accept these Service Provider Terms, the date You offer a certain medical, dental, or cosmetic procedure (each a “Procedure”) over the Website (www.zendyhealth.com), and the date You perform a Procedure on a patient acquired over the Website that:

a. Each facility where You or Your Organization performs Procedures is (1) supervised by a medical director who is a physician with a doctoral degree (M.D. or D.O.) granted by a medical or osteopathic school and who is Board Certified by a recognized specialty within the American Board of Medical Specialties (www.abms.org), American Board of Laser Surgery, or by a recognized Certifying Board by the American Osteopathic Association (www.osteopathic.org) (an “Accredited Physician”) or a recognized Board approved by Company’s Medical Advisory Team, and (2) may include an on-site medical professional who is an Accredited Physician.

For Dental-related Procedures: each facility where You or Your Organization performs Procedures is supervised by a dental director with a D.D.S. degree (a “Dental Director”).

b. Each Accredited Physician has a valid and current medical license from the State in which Your facility is located, is in good standing, and meets all other legal requirements necessary to supervise or perform Procedures.

For Dental Procedures, the Dental Director has a valid and current dental license from the State in which Your facility is located, is in good requirements necessary to supervise or perform Procedures.

At any time that You are no longer licensed, or otherwise permitted in a State to supervise or perform Procedures, You will immediately cease to use the Services and Website to perform Procedures in that State and shall notify Company of such restriction or cessation.

c. At least one of the Accredited Physicians / dental providers employed or contracted by You belongs to a recognized medical (or dental) society listed on the sign up form submitted by You to the Company. If the Accredited Physician belongs to an unlisted medical society, input the name for review and approval.

d. For Beauty / Cosmetic vertical: For each Procedure offered by You over the Website at any time, You have performed such Procedure at least the number of times as listed in Table 1 below in each of the preceding six (6) months, or for laser resurfacing, the preceding twelve (12) months.

e. You will be solely responsible for providing all equipment, supplies and services that are required for the performance of Procedures. All applicable products, devices and materials used by You in connection with a Procedure are approved or cleared by the U.S. Food and Drug Administration (FDA).

f. Anyone in Your Organization performing a Procedure is licensed, registered, or certified, and trained to perform such Procedure.

g. All information and documents provided by You to the Company are truthful, accurate and valid. It is Your sole responsibility to ensure that the contact and licensure information provided to the Company is current and accurate. This contact information includes, but is not limited to, [name, address, phone numbers, e-mail addresses, states and types of licensure, and account numbers . Changes to Your contact information can be made in the Profile section of the Website. You will promptly update and notify Company of any change in this information. You are solely responsible for any liability or expense resulting from outdated or inaccurate information.

h. You represent and warrant that You will maintain the confidentiality of all User Personal Information and shall only use User Personal Information or the healthcare and personal information of other patients as permitted in this Agreement and consistent with state and federal privacy laws.

i. You have appropriate and current malpractice insurance coverage for the jurisdictions in which You practice and the Procedures offered by You, including but not limited to professional liability insurance with minimum coverages of $1,000,000 per claim and $3,000,000 aggregate. In addition, this malpractice coverage applies to any providers within Your Organization who will provide Procedures as listed on the Website.

j. Your performance of such Procedure conforms to the specifications defined by the Company (see Procedures’ descriptions on Website).

k. Procedures matched through the Company that are cosmetic are not customarily covered by health / dental insurance. Offers made in Company’s marketplace are cash or self-pay prices outside of health or dental insurance.

Table 1:

PROCEDURE MINIMUM NUMBER OF PROCEDURES PERFORMED
LASER NAIL FUNGUS REDUCTION 1 PER MONTH
INJECTABLES (INCLUDES NEUROMODULATORS (e.g. Botox) AND FILLERS) 5 PER MONTH
IPL / PHOTOFACIAL 1 PER MONTH
LASER RESURFACING 5 PER YEAR
ULTHERAPY 1 PER MONTH
MICRODERMABRASION 1 PER MONTH
LASER HAIR REDUCTION 5 PER MONTH
NONSURGICAL BODY SCULPTING (VELASHAPE, ACCENT, VIORA, EXILIS, ETC.) 1 PER MONTH
LIPOSONIX / COOLSCULPTING 1 PER MONTH
ACNE TREATMENT (ISOLAZ) 1 PER MONTH
VEIN TREATMENT (LASER VEIN TREATMENT AND/ OR SCLEROTHERAPY) 1 PER MONTH

2. PROCEDURE AND PAYMENT. By accepting a User’s Open Offer You are creating a binding agreement to perform the Procedure set forth in such Open Offer (as long as the customer is medically eligible for the relevant Procedure). Upon performing a Procedure in a Matched Offer, You shall provide, if asked, written confirmation to Company through the Services that You have performed such Procedure. You agree that You shall charge a customer (“User”) the Offer price indicated by You for the Procedure performed in such Matched Offer and that the Company may charge or retain a Service Fee paid by the User for such Matched Offer as a standard fee for services provided to the User by Company. Some procedures may or may not have a Service Fee, or the fee may be reduced or eliminated as a result of a Company promotion from time-to-time. Company reserves the right to change the amount of the Service Fee at any time (effective for any Matched Offers after such change) upon notice to You, which may be sent by email or posted on the Website.

3. INELIGIBLE PATIENT

a. Notwithstanding anything in the General Terms or this Agreement to the contrary, if an Accredited Physician / dental provider on Your staff or Your Organization’s staff determines that a User is not medically eligible for the Procedure he or she has selected through the Website (an “Ineligible Patient”) and neither the Procedure nor a substitute Procedure is performed, then You are obligated to (i) provide Company with a letter from an Accredited Physician / dental provider on Your staff or Your Organization’s staff confirming that such User is not medically eligible for such Procedure within two (2) business days of Your consultation with such User, [(ii) procure from such User and provide to Company within two (2) business days of Your consultation with the User a copy of the Company’s signed release form, which can be sent to You upon request, whereby the User agrees that You may, upon Company’s request, release to a third party physician / dental provider appointed by the Company all medical details and information that support the fact that such User is not eligible for the Procedure. You agree to keep all materials associated with an Ineligible Patient for one (1) year.

b. You acknowledge and agree that Company may appoint a physician (or dentist / oral surgeon / specialized dental provider) to audit Your patient records, during normal business hours upon three (3) days’ notice to You, to ensure that You have properly designated an Ineligible Patient as ineligible. If, in such provider’s reasonable opinion, Your medical records fail to support that an Ineligible Patient was medically ineligible for his or her applicable Procedure, You shall pay to the Company the amount of the Service Fee that should have been paid by the User and the reasonable costs associated with such physician’s audit. Such payment shall be in addition to any remedies that may be available under these Service Provider Terms, the General Terms, or at law. (A User will not be able to obtain his or her Service Fee (if applicable) refund without appropriate documentation of ineligibility. Additionally, if recurrent determinations of ineligibility occur without appropriate documentation and reason, Company reserves the right to remove You from the Website and cease providing access to our Services.)

4. CANCELLATION. If a User cancels a Matched Offer through the Website, we will notify You within twenty-four (24) hours of such cancellation. You acknowledge and agree that neither Company nor the User who made such cancellation has any obligation to You (including but not limited to any payment obligations) relating to the Procedure associated with such cancellation. If a User cancels a Matched Offer, You represent and warrant that if You agree to perform the Procedure associated with such Matched Offer on such User within two (2) years after the date of cancellation (other than through a subsequent Matched Offer) (the “Cancellation Restriction”), You will require the User to immediately pay the Company the applicable Service Fee and will confirm with the Company that it has been paid before You perform the Procedure. You acknowledge and agree that we may audit You and Your records (or designate a third party to do so) for compliance with this Section 4.

5. VALUE OF MATCHED OFFERS. If You do not perform a Procedure in a User’s Matched Offer, and You agree to perform a separate Procedure for a User in lieu of the Procedure in a User’s Matched Offer, then You agree that You will notify the Company of the separate Procedure and, if informed by the Company that the Service Fee has been refunded to the User, You will require the User to immediately pay the Company the applicable Service Fee and will confirm with the Company that it has been paid before You perform the Procedure.

6. MATCHED OFFER PROCEDURES. Payment from a User for a Matched Offer is inclusive of the consultation for the associated Procedure, the performance of the associated Procedure, any facility fees and any tax associated with such consultation or Procedure. You shall not charge Users any additional amount in connection with the performance of the Procedure to which such User’s Matched Offer relates. Notwithstanding the foregoing, You may, at Your discretion, charge a reasonable and customary rescheduling fee if a User cannot attend the originally scheduled appointment. For the avoidance of doubt, other than the Cancellation Restriction, nothing in these Service Provider Terms or the General Terms restricts You from selling Procedures or services to any User in addition to the Procedure associated with such User’s Matched Offer.

7. INDEMNIFICATION. In addition to any of Your indemnification obligations under the General Terms, You will indemnify, hold harmless and defend Company, its parents, subsidiaries, affiliates, officers, and employees from any claim, loss, damage, expense, settlement or demand (including, without limitation, costs and attorneys’ fees) (a) made by any third party due to or arising out of Your performance or nonperformance of any Procedures or other services (including, but not limited to, Your failure to perform any Procedure) to, and/or clinical outcomes associated with, a User of the Website, (b) arising from Your breach of the Service Provider Terms or General Terms, (c) any claim for state sales or use tax obligations arising from the sale and/or performance of a Procedure, or (d) any claim by any local, state or federal government entity for unredeemed Matched Offers or unredeemed cash values of Matched Offers or any other amounts under any applicable abandoned or unclaimed property or escheat law, including but not limited to any claims for penalties and interest (“Unclaimed Property Claims”).

8. PRIVACY. When You enroll as a Service Provider, You will be prompted to enter certain information during the registration process. Upon Your acceptance of a User’s Matched Offer, certain identifiable information regarding Your practice will be made available to such User to enable him or her to contact You directly and appear for his or her appointment. You may edit such information through Your account settings on the Website at any time, in accordance with the terms of Company’s Privacy Policy and subject to this Agreement. Some edits may require approval or may only be made by the Company, including, without limitation, Procedures that You are eligible to offer over the Website, changes to a Medical Director or changes to a license number. For more information on privacy, please read Company’s Privacy Policy carefully. A User’s Personal Information is not revealed to You until You accept a User’s Open Offer.

9. ADDITIONAL SERVICE PROVIDER RESPONSIBILITIES. You acknowledge and agree that in connection with any Procedure performed for a User whose Open Offer You accept You will (a) provide each User whose Open Offer You accept with all relevant pre-procedure and post- procedure information, instruction, and/or advice; (b) contact such User prior to any Procedure to disclose any pre-procedure instructions; and (c) prior to performing any Procedure, provide such User with the risks of any Procedure as well as any applicable alternatives to such Procedure.

10. GOOD STANDING AND DIRECTORY LISTING: A Service Provider may have a listing within the ZendyHealth platform subject to the policies of the Company. Company maintains its rights to deny, suspend activity, or entirely remove a Service Provider listing should the Service Provider no longer maintain good standing within licensing agencies or Boards. Additionally, these actions may be taken should Company believe that a Service Provider has misreported or misrepresented his or her qualifications, credentials, memberships, etc., or if there is any action by the Service Provider that violates Company guidelines.

11. LIMITATION OF LIABILITY. The following term shall apply to the Company’s limitation of liability with respect to Your use of the Services as a Service Provider:
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THESE SERVICE PROVIDER TERMS OR THE GENERAL TERMS UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (II) FOR LOSS OF PROFITS, DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES ARISING OUT OF YOUR ACCESS TO OR USE OF THE WEBSITE OR SERVICES, OR THE INABILITY TO ACCESS OR USE THE WEBSITE OR SERVICES, WHETHER CAUSED BY COMPANY OR THIRD PARTIES, ONLINE SERVICE PROVIDERS, OR ANY AGENT OR SUBCONTRACTOR OF ANY OF THE FOREGOING; OR (III) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL. IN NO EVENT SHALL COMPANY LIABILITY UNDER THIS AGREEMENT EXCEED IN THE AGGREGATE THE GREATER OF $100 OR TRANSACTION FEES RETAINED BY THE COMPANY FOR PROCEDURES TO BE PERFORMED BY YOU DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

You acknowledge that Company is not a health care provider, licensed or otherwise. Company cannot and will not assume responsibility for or control over the care of any User, which shall, at all times remain Your responsibility. Company will not be responsible for the assignment of staff to treat Users or any other activity that involves the practice of medicine or the provision of health care services.

You acknowledge and agree that Company is not responsible for (i) the accuracy, reliability, timeliness, or completeness of Your information available on the Website, User Personal Information, other data provided by User, or any other data or information provided or received through the Website or the Services, (ii) the results that may be obtained from the use of the Website or the Services, (iii) the provision of Your services as a result of Your reliance on any User Personal Information or other data provided by User through the Website or the Services, or (iv) the cancelling or rescheduling of any appointment booked through the Website or the Services by any User.

Except as otherwise expressly provided herein, Your use of the Services is at Your own risk.

13. NO INDUCEMENT. This Agreement has been negotiated in good faith through arms’ length negotiations. Nothing contained in this Agreement, including any compensation paid or payable, is intended or shall be construed: (i) to require, influence or otherwise induce or solicit a party or any of its affiliates regarding referrals of business, or recommending the ordering of any items or services, of any kind whatsoever to any of the other parties or their affiliates, or to any other person; or (ii) to interfere with a User’s right to choose his or her own health care provider, or with a provider’s judgment regarding the ordering of any items or health care services.

14. INDEPENDENT CONTRACTORS. The relationship of the parties shall be that of independent contractors. Any of Your employees, servants, subcontractors or agents who are assigned to provide Procedures under this Agreement shall remain at all times under Your exclusive direction and control and shall not be deemed to be employees, servants, subcontractors or agents of Company. Neither party will represent that it has any authority to assume or create any obligation, express or implied, on behalf of the other party, or to represent the other party as agent, employee, or in any other capacity, except as specifically provided herein.

15. BUSINESS ASSOCIATES AGREEMENT: As we adhere to HIPAA compliance, our Business Associates Agreement is available for download here. Please review, sign, and return to zendyteam@zendyhealth.com. Note that email is the primary method of communication used by ZendyPlace.

Effective: April 15, 2015

ZendyHealth Privacy Policy

We at ZendyPlace, LLC d/b/a ZendyHealth (“Company,” “we,” “us,” “our”) know that our users (“you,” “your”) care about how your personal information is used and shared, and we take your privacy seriously. Please read the following to learn more about our Privacy Policy. By visiting or using the Website or Services in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and you hereby consent that we will collect, use, and share your information in the following ways. Any capitalized terms used herein without definition shall have the meaning given to them in the Company Terms of Use.

  • WHAT DOES THIS PRIVACY POLICY COVER?
    This Privacy Policy covers our treatment of personally identifiable information (“Personal Information”) that we gather when you are accessing or using https://zendyhealth.com (the “Website”). This policy does not apply to the practices of companies that we do not own or control, or to individuals that we do not employ or manage. We do not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register for the Services (as that term is defined in our Terms of Use. If you are under 18, please do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 18 may provide any personal information to us or on the Services. In the event that we learn that we have collected personal information from a child under age 18 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under the age of 18, please contact us at zendyteam@zendyhealth.com.
  • WHAT INFORMATION DOES COMPANY COLLECT?
    We gather various types of Personal Information from our users, as explained more fully below. We may use this Personal Information to personalize and improve our services, to allow our users to set up a user account and profile, to contact users, to fulfill your requests for certain products and services, to analyze how users utilize the Website, and as otherwise set forth in this Privacy Policy. We may share certain types of Personal Information with third parties (described in this Section and in Section III below). We collect the following types of information:

    A. Information You Provide to Us: We receive and store any information you knowingly provide to us. For example, we collect Personal Information such as your name, email address, age/birthdate, and gender, and browser information. You can choose not to provide us with certain information, but then you may not be able to register with us or to take advantage of some of our features. Further, if you make an offer for a service or procedure to be provided by a Service Provider, any personal information you have submitted over the Website may be disclosed to such Service Provider after your Open Offer has been matched through the Website. We may also anonymize your Personal Information so that you cannot be individually identified, and provide that information to our partners.

    You may also request information directly from a specific health care professional by submitting an inquiry through their profile or inquiry form or from the consultation request feature. You understand these requests, including personally identifiable information, are made voluntarily. There is no guarantee that a health care professional will respond to any request submitted.

    By submitting a consultation or quote request, you voluntarily provide the doctor’s office with your name, email address, telephone number and your comments/desired treatment, which is transmitted by Company to the doctor’s office. The information provided to the doctor’s office through the Consultation Request feature is not used by in any other manner other than transmitting that information to the Provider’s office. The Provider obviously may then contact you via the means of contact supplied.

    By agreeing to receive promotions or by signing up for the Newsletter, you agree to receive promotions and other types of marketing emails from Company. You may unsubscribe at any time through the Unsubscribe feature on the emails.

    B. Information Collected Automatically:
    Whenever you interact with our Website, we automatically receive and record information on our server logs from your browser including your IP address, “cookie” information, and the page you requested. “Cookies” are identifiers we transfer to your computer or mobile device that allow us to recognize your browser or mobile device and tell us how and when pages in our Website are visited and by how many people. You may be able to change the preferences on your browser or mobile device to prevent or limit your computer or device’s acceptance of cookies, but this may prevent you from taking advantage of some of our Website’s features. Our advertising partners may also transmit cookies to your computer or device, when you click on ads that appear on the Website. Also, if you click on a link to a third party website, such third party may also transmit cookies to you. This Privacy Policy does not cover the use of cookies by any third parties.

    When we collect usage information (such as the numbers and frequency of visitors to the Website), we only use this data in aggregate form, and not in a manner that would identify you personally. For example, this aggregate data tells us how often users use parts of the Website, so that we can make the Website appealing to as many users as possible. We may also provide this aggregate information to our partners; our partners may use such information to understand how often and in what ways people use our Website, so that they, too, can provide you with an optimal experience. We never disclose aggregate information to a partner in a manner that would identify you personally.

    C. E-mail and Other Communications: We may contact you, by email or other means; for example, we may send you promotional offers on behalf of other businesses, or communicate with you about your use of the Website. If you do not want to receive email or other mail from us, please indicate your preference by changing your account settings, selecting the opt-out option in emails we send to you or by emailing zendyteam@zendyhealth.com. Please note that if you do not want to receive legal notices from us, those legal notices will still govern your use of the Website, and you are responsible for reviewing such legal notices for changes.

  • WILL COMPANY SHARE ANY OF THE PERSONAL INFORMATION IT RECEIVES?
    We neither rent nor sell your Personal Information in personally identifiable form to anyone. We share your Personal Information in personally identifiable form with third parties as described below.
    A. Advertisers: We allow advertisers and/or merchant partners (“Advertisers”) to choose the demographic information of users who will see their advertisements and/or promotional offers and you agree that we may provide any of the information we have collected from you in non-personally identifiable form to an Advertiser, in order for that Advertiser to select the appropriate audience for those advertisements and/or offers. For example, we might use the fact you are located in San Francisco to show you ads or offers for San Francisco businesses, but we will not tell such businesses who you are. We may deliver a file to you through the Website (known as a “web beacon”) from an ad network. Web beacons allow ad networks to provide anonymized, aggregated auditing, research and reporting for us and for advertisers. Web beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. Because your web browser must request these advertisements and web beacons from the ad network’s servers, these companies can view, edit, or set their own cookies, just as if you had requested a web page from their site.

    B. Affiliated Businesses and Third Party Websites We Do Not Control: In certain situations, businesses or third party websites we’re affiliated with may sell items or provide services to you through the Website (either alone or jointly with us). You can recognize when an affiliated business is associated with such a transaction or service, and we will share your Personal Information with that affiliated business only to the extent that it is related to such transaction or service. One such service may include the ability for you to automatically transmit Third Party Account Information to your Website profile or to automatically transmit information in your Website profile to your third party account. We have no control over the policies and practices of third party websites or businesses as to privacy or anything else, so if you choose to take part in any transaction or service relating to an affiliated website or business, please review all such business’ or websites’ policies.

    C. Agents: We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. Unless we tell you differently, our agents do not have any right to use the Personal Information we share with them beyond what is necessary to assist us.

    D. User Profiles and Submissions: Certain user profile information, including without limitation a user’s name, location, and any video or image content that such user has uploaded to the Website, may be displayed to other users to facilitate user interaction within the Website or address your request for Company’s services. Your account privacy settings allow you to limit the other users who can see the Personal Information in your user profile and/or what information in your user profile is visible to others. Any content you upload to your public user profile, along with any Personal Information or content that you voluntarily disclose online in a manner other users can view (on discussion boards, in messages and chat areas, etc.) becomes publicly available, and can be collected and used by others. Your user name may also be displayed to other users if and when you send messages or comments or upload images or videos through the Website and other users can contact you through messages and comments. Additionally, if you sign into the Website through a third party social networking site or service, your list of “friends” from that site or service may be automatically imported to the Website, and such “friends,” if they are also registered users of the Website, may be able to access certain non-public information you have entered in your Website user profile. Again, we do not control the policies and practices of any other third party site or service.

    E. Business Transfers: We may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that would be transferred. Also, if we (or substantially all of our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information would be one of the assets transferred to or acquired by a third party.

    F. Protection of Company and Others: We reserve the right to access, read, preserve, and disclose any information that we reasonably believe is necessary to comply with law or court order; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of Company, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.

    G. With Your Consent: Except as set forth above, you will be notified when your Personal Information may be shared with third parties in personally identifiable form, and will be able to prevent the sharing of this information.

  • IS PERSONAL INFORMATION ABOUT ME SECURE?
    Your account is protected by a password for your privacy and security. If you access your account via a third party site or service, you may have additional or different sign-on protections via that third party site or service. You must prevent unauthorized access to your account and Personal Information by selecting and protecting your password and/or other sign-on mechanism appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account. We endeavor to protect the privacy of your account and other Personal Information we hold in our records, but we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time. The Website may contain links to other sites. We are not responsible for the privacy policies and/or practices on other sites. When following a link to another site you should read that site’s privacy policy.
  • WHAT PERSONAL INFORMATION CAN I ACCESS?
    Through your account settings, you may access, and, in some cases, edit or delete the following information you’ve provided to us:
    • name and password
    • email address
    • Phone number
    • Offer history/Open Offers
    The information you can view, update, and delete may change as the Website changes. If you have any questions about viewing or updating information we have on file about you, please contact us at zendyteam@zendyhealth.com. Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of Personal Information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to: zendyteam@zendyhealth.com.
  • WHAT CHOICES DO I HAVE?

    • You can always opt not to disclose information to use, but keep in mind some information may be needed to register with us or to take advantage of some of our special features.

    • You may be able to add, update, or delete information as explained in Section V above. When you update information, however, we may maintain a copy of the unrevised information in our records. You may request deletion of your account by deleting your account through your customer portal a https://zendyhealth.com. Please note that some information may remain in our records after your deletion of such information from your account. We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally.

  • CHANGES TO THIS PRIVACY POLICY
    We may amend this Privacy Policy from time to time. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make changes in the way we use Personal Information, we will notify you by posting an announcement on our Website or sending you an email. You are bound by any changes to the Privacy Policy when you use the Website after such changes have been first posted.
  • QUESTIONS OR CONCERNS
    If you have any questions or concerns regarding our privacy policies, please send us a detailed message to zendyteam@zendyhealth.com, and we will try to resolve your concerns.

Effective: October 1, 2013