Terms & Conditions
Terms & Conditions
MEND MARKETPLACE INCORPORATED
We are pleased to grant you a non-exclusive, revocable, limited license to use the Website, mendtogether.com, solely for your personal and non-commercial use. By visiting our Website and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms & Conditions (these “Terms & Conditions”), including those additional Terms & Conditions and policies referenced herein and/or available by hyperlink. These Terms & Conditions apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms & Conditions carefully before accessing or using our Website. By accessing or using any part of the Website, you agree to be bound by these Terms & Conditions and all applicable laws. For the avoidance of doubt, you should discontinue using the Website if you do not agree with any changes to these Terms & Conditions. If these Terms & Conditions are considered an offer, acceptance is expressly limited to these Terms & Conditions.
In these Terms & Conditions, we use the following definitions:
- (“Mend Together”, “we”, “our”, “us” refers to our company MEND MARKETPLACE INCORPORATED, known as “mendtogether.com”; our Website; our Service; or a combination of the preceding definitions, depending on the context in which the word is used;
- “Website” refers to our website, www.mendtogether.com;
- “Service” refers to the services that we provide on our Website, including our Website itself;
- “User” refers to anyone who uses our Service, including general visitors to our Website;
- “You” refers to you, the User
Any new features or tools which are added to the Website shall also be subject to the Terms & Conditions. You can review the most current version of the Terms & Conditions at any time on this page. We reserve the right to modify or update these Terms & Conditions at any time for any reason, with or without prior notice to you, and any such changes to these Terms & Conditions will supersede and replace any previous Terms & Conditions effective immediately upon posting to this page. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes. Your right to access and use the Website will terminate immediately, without any further action by us, if you breach these Terms & Conditions.
You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any content, software, products or services contained with the Website without express written permission by us. You are also prohibited from using the Website or its content for any unlawful purpose.
We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk. We reserve the right to refuse service to anyone for any reason at any time.
These Terms & Conditions and any policies or operating rules posted by us on this Website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms & Conditions). Any ambiguities in the interpretation of these Terms & Conditions shall not be construed against the drafting party.
Products and Services
Throughout our Website, we offer you the ability to buy products and services as well as subscription services for the price stated (in addition to any applicable taxes and other charges). Prices for our products are subject to change without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Occasionally there may be information on our Website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our return policy. Certain products or services made available on the Website may be provided directly to you by third-party service providers, and not us. In those circumstances, we are in no way responsible for anything that happens related to those products or services. However, all Users are still subject to all terms in these Terms & Conditions related to the purchase of such products and services as well as any terms and conditions separately agreed by you and the service provider.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Website is void where prohibited.
If you have any questions about these Terms & Conditions, please contact us via email at firstname.lastname@example.org
When you provide us with your mobile telephone number, you agree that we may send you text messages (including SMS and MMS) to that mobile telephone number.
You may opt-out of receiving any future text messages from us at any time by contacting our customer service department at email@example.com. If you opt-out, you agree to receive a final text message confirming your opt-out. When you opt-out of text messaging, you will no longer receive any text messages unless you re-subscribe.
In order to access and use certain areas or features of the Website, you will need to register an Account. You may create a profile by providing us with your name and e-mail address (an “Account”). Users who have created an Account (“Registered Users”) are able to access their accounts through the “LOGIN/REGISTER” part of the Website and manage their shipping and billing addresses, view their recent orders and edit their password and account details.
By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update from time to time as necessary your account information, (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Website or your account.
By creating an Account, you also consent to receive electronic communications from Mend Together. When you first provide your mobile telephone number to us, you may receive a confirmation text message and you may need to reply as instructed to complete registration. You are responsible for the payment to your mobile provider of any message, data and other charges related to text messages, including for confirmation texts you receive and your responses thereto.
You agree to provide current, complete and accurate purchase and account information for all purchases made on our Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You do not need to register to browse our Website but to make a purchase you must register an Account. To register,
- You must be the minimum age required to enter into a contract in the area in which you reside, and, in any event, must not be less than 18 years of age.
- You must provide us with personal information, payment information, and other information that we deem necessary to provide you with our Service.
RULES OF USE
- Be at least 18 years old in order to register on or use our Website.
You must not
- Purchase items from our Website for resale.
- Violate the laws of the United States, its states, or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.
- Post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the opinion of Mend Together.
- Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
- Submit any content to the Website anonymously.
- Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the Mend Together Website, Service, or its Users’ computers.
- Do anything else that could bring Mend Together into disrepute or violate the rights of any person.
Placing an order
You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. By providing payment card information to us, you authorize us to store and use the card as a payment method for purchases made through your MEND Together account.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made or provided in your Account. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. If you believe your order was cancelled in error, please contact us at firstname.lastname@example.org.
Price and payment
All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice. We will collect applicable sales tax on products shipped to all jurisdictions for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for the total amount of your purchase or subscription (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your Order. You can change your payment information by logging into your Account and making a change accordingly.
You acknowledge that the amount billed may vary due to promotional offers, changes of the Product price, changes to your Subscription or changes in applicable taxes or other charges, and you authorize us (or our third party payment processor) to charge your payment method for the corresponding amount.
We take all measures to deliver your order as soon as reasonably possible. You agree that delivery may be delayed due to force majeure events. For more information please read our Shipping Policy.
Return and refund policy
In the event that you are not completely satisfied within 30 days of your purchase, we will accommodate refund of your purchase price (excluding discounts and shipping and handling charges), as described below.
All items must be returned in original condition in their original packaging along with all accessories, parts, and instruction manuals that were shipped with your original order.
The return package must be postmarked within 30 days of the date your order was delivered (regardless of what date the product was first used). Returns not meeting our return requirements may result in the loss of a refund or replacement. Such a return also will not be sent back to you. Customers are responsible for all return shipping costs.
A refund will be issued to your original method of payment for the full purchase price, excluding shipping andhandling and any separate fees. Refunds typically reflect in your account within 5 business days after your return is processed.
Please note that all Donations towards cash funds are final and will not be refunded, refunds for Registry Gifts can be only issued in the form of Site Credits.
For more information please read our Return Policy
When you use our Service, you may be creating and maintaining, on behalf of yourself or another person, an individual registry (“Registry”). MEND Registry helps friends and family send something to a cancer patient other than flowers. It helps them learn which gifts the patient feels could provide comfort or help with recovery.
In order to create a Registry on behalf of someone else, you need to have their express permission. If they are not able to provide permission due to their age (e.g., minor child) or circumstances (e.g., illness), you must be authorized to act on behalf of the person for whom the Registry is created or have the permission of a person authorized to act on that person’s behalf. Access to each Registry is controlled by the privacy settings selected by the creator of the Registry.
MEND Registry Usage
- How it works: Patients register for products and services that speed healing like special pillows for recovery from surgery, nausea relief products, items that help with radiation burns, or a Recovery Coach session. Friends and family can choose a gift to send and include a gift message.
- MEND also offers a public search listing feature that allows Users to find one’s Registry. The publicly visible information may include: (1) the first and last name of the Registrant; (2) the title of the Registry; (3) the profile picture of the Registrant; (3) the date and time of the first journal post of the Registrant; and (4) the date and time of the most recent journal posts in the Journal. This public profile will be indexed and displayed through public search engines when someone searches for your name or email address. You have the option to activate the Searchable feature when you initially create a Registry at any time during the lifetime of the Registry.
- MEND has no way of knowing and will not be responsible or liable if the individual accessing an Individual Site obtained the website address through improper means. In addition, individuals using our Service must understand that the Internet is inherently insecure and no website operator can guarantee that a website is secure. MEND does not warrant that our Service, Site, or Profile is secure or “hackerproof.” You use our Service solely at your own risk.
www.mendtogether.com (“MEND”) is also serving as a platform to allow an individual (the “Registrant”) to raise monetary funds for their needs (“Cash Funds”) through accepting dollar amounts (“Donation”) from website Users (“Helpers”). Although there are no fees to add or create a Cash Fund, industry-standard transaction fees apply (hereinafter and on the website referred to as “Transaction Fees”) to process Donations. Mend Together is an administrative platform only. We are not a Broker, Financial Institution, Creditor or Charity. MEND facilitates the Cash Fund of the Registrants and permits Helpers to make donations to these Registrants. MEND is not a broker, agent, financial institution, creditor or 501(c)(3) nonprofit corporation.
MEND Cash Funds Usage
The 5% service fee is charged to the cash fund Helper at the time of purchase. The Registrant receives the full amount gifted. There are no taxes or shipping charges for cash funds.
Cash fund donations can be used for purchases on the site or cashed out at any time. MEND will mail you a check within 7 – 10 business days of your cashout request.The check will be mailed to the shipping address on your account. Please make sure to confirm the correct shipping address on your Use Cash Funds page before requesting a withdrawal. While MEND strives to make Withdrawals available to you promptly, you acknowledge and agree that Withdrawals may not be available to you for use immediately, and MEND does not guarantee that Withdrawals will be available to you within any specific time frame, and MEND expressly disclaims any and all responsibility for any delay or inability to access and use Withdrawals at any specified time, and any consequences arising from such delay or inability.
From time to time, MEND may (in our sole discretion) place a hold on a Cash Fund account (a “Hold”), restricting Withdrawals (defined herein) by a Registrant if we suspect false, misleading or fraudulent activity.
MEND has no control over the conduct of, or any information provided by, a Registrant or other user and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law. When you make a Donation through MEND, it is your responsibility to understand how and by whom your money will be used. By contributing to a Cash Fund, you agree that all Donations are final and will not be refunded unless MEND, in its sole discretion, agrees to issue a refund on a case by case basis.
You, as a Registrant, represent, warrant, and covenant that you will comply with all relevant and applicable laws regarding creation and withdrawal of Cash Funds. It is your responsibility to determine what, if any, taxes apply to the Donations you receive through your use of MEND. Cash Funds are not charities to which you can make tax-deductible charitable contributions. You understand and acknowledge that MEND Cash Fund contribution is not a charity.
When you use our Service, you may be creating and maintaining, on behalf of yourself or another person, an individual journal (“MEND Journal”). MEND Journal tool gives cancer patients a way to keep their friends and family updated on their diagnosis, treatment plan, progress and setbacks. With this tool, patients don’t have to repeat the same information over and over. Friends and family can follow along, and provide encouraging words along the way.
MEND Journal Usage
- How it works: Patients invite friends and family to follow their profile. Once a loved one follows a patient, they can see the patient’s updates. They can also comment on an update, or start a new conversation.
- In order to create a MEND Journal on behalf of someone else, it is advised to ask for their permission and act in their best interest. Access to each MEND Journal is controlled by the privacy settings selected by the creator of the MEND Journal.
- You may increase the privacy of your Journal by making your Profile “Private”. This privacy setting can be changed at any time during the lifetime of your Profile.
The Website and its content, features and functionality, including, without limitation, information, software, text, graphics, logos, button icons, images, audio clips, video clips, data compilations and the design, selection and arrangement thereof, are the exclusive property of MEND MARKETPLACE INCORPORATED, our licensors or other content suppliers, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, and may not be used or exploited in any way without our prior written consent.
The content is selected by our editors and is editorial content. We do not accept or take advertising, except where we specifically indicate as such. We do not accept payment from third parties for products or Content to appear on the Website. To the extent that we post third party Content, it reflects the personal opinions and views of the third-party authors and does not necessarily reflect our opinions and views and we accept no responsibility for any such third party opinions and views.
You agree to indemnify, defend and hold harmless MEND MARKETPLACE INCORPORATED and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms & Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Limitation of liability — warranty
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
You should never disregard medical advice or delay in seeking medical advice because of any content presented on or via the Website and you should not use the website or any content available through or via the Website for diagnosing or treating a health problem. The transmission and receipt of any content, in whole or in part, or communication via the internet, e-mail or other means does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship between you and Mend Together, its affiliates or any third party.
The Website may periodically provide information concerning fitness and athletic activities. You expressly acknowledge and agree that such activities carry certain inherent and significant risks of property damage, bodily injury or death and that you voluntarily assume all known and unknown risks associated with these activities, even if caused in whole or part by our action, inaction or negligence or by the action, inaction or negligence of others. We strongly recommend that you consult with your physician or other healthcare provider before beginning any new fitness program or engaging in any new athletic activities.
For Jurisdictions that do not allow us to limit our liability: If you are a consumer, the provisions in these Terms & Conditions are intended to be only as broad and inclusive as is permitted by the laws of your State of residence. Notwithstanding any provision of these Terms & Conditions, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by our negligence or that of any of our officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR & YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
Third party links
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
You should be aware that this Website is not intended or designed to attract anyone under the age of 18. We do not collect personally identifiable information from any person we actually know is under the age of 18. By downloading, accessing, or using this Website or in order to view our information and materials or submit information of any kind to this Website, you represent that you are at least 18 years of age (or the age of majority in your state of residence).
User Generated Material
When you create a Profile on our Website, you may be able to provide reviews, ratings, comments, feedback or other materials (“User Content”) to the Service. You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. We reserve the right to remove any User Content from the Service at our sole discretion.
By transmitting and submitting User Content while using the Service you agree as follows:
- You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
- You will not post information that is false, deceptive, misleading, deceitful, or misinformative;
- Post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the opinion of Mend Together.
- You will not post any information that is threatening, tortious, defamatory, libelous, indecent, obscene, abusive or racially, sexually, religiously, or otherwise objectionable and offensive, pornographic, invasive of another’s privacy, or promotes violence;
- You will not post any information that discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information; works of, display and perform such Content to the extent permitted by the Service and under these Terms & Conditions;
- You will not submit content that is copyrighted or subject to third party proprietary rights;
- You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Website or Platform, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. MEND MARKETPLACE INCORPORATED is not responsible for any public display or misuse of your User Content.
The Website does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service or with other Users.
In the event that any provision of these Terms & Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms & Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
Applicable Law and Arbitration, Class action waiver
These Terms & Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New York State, United States of America.
In the event that MEND MARKETPLACE INCORPORATED and you, the user, are not able to resolve a dispute, we each agree that any and all disputes, controversies, or claims arising under, arising out of, or relating in any way to this agreement, or the contractual relationship established by this agreement (whether in contract, tort, or under any statute, regulation, ordinance, or any other source of law) shall be resolved on an individual basis through binding arbitration administered by the American Arbitration Association, in accordance with the American Arbitration Association’s rules for arbitration of consumer-related disputes (accessible at https://www.adr.org/aaa/faces/rules) (except that you may assert individual claims in small claims court, if your claims qualify).
The arbitration will be conducted in the Borough of Manhattan, New York, New York, but may proceed telephonically (if we and the claimant so agree). If you initiate an arbitration, MEND MARKETPLACE INCORPORATED will promptly reimburse you for any standard filing fee which may have been required under procedures once you have notified MEND MARKETPLACE INCORPORATED in writing and provided a copy of the arbitration proceedings.
You and MEND MARKETPLACE INCORPORATED each expressly waive any right to trial by jury and the right to participate in a class action lawsuit or class-wide arbitration. Neither you nor MEND MARKETPLACE INCORPORATED shall be permitted or entitled to join or consolidate claims by or against others, or arbitrate or otherwise participate in any claims as a class member, class representative, or in any other representative capacity.
The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. If a court decides that any provision of this paragraph is invalid or unenforceable, that provision will be severed and the other parts of this paragraph (and the remainder of these Terms & Conditions) will continue to apply, but in no case shall either you or MEND MARKETPLACE INCORPORATED be permitted to participate in a class action lawsuit or class-wide arbitration.
Termination of the agreement
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms & Conditions for all purposes.
These Terms & Conditions are effective unless and until terminated by either you or us. You may terminate these Terms & Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our Website. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms & Conditions, we also may terminate this agreement at any time without notice.
In each case you will remain liable for all amounts due up to and including the date of termination.
These Terms & Conditions constitute the entire agreement between you and MEND MARKETPLACE INCORPORATED relating to your access to and use of the Website and your order, receipt and use of Products. These Terms & Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent. Except as otherwise provided herein, these Terms & Conditions are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.
Effective date: 03.22.2018