Terms and Conditions for Basic and Individual Membership
THIS SERVICE AGREEMENT (“Agreement”) is made and entered into this date, the date of initial subscription request by agreeing to the Terms and Conditions and checking the Agree box here (“Effective Date”) between Montero Physical, Occupational and Speech Therapy Services, PLLC (DBA Montero Therapy Services) (“Company”) and the member named on the subscription profile (“Member”). The Service Agreement coincides with a Basic and Individual Membership and usage of the “Company” Website. The parties agree as follows:
1. SERVICES: The “Member” seeks professional services from the “Company” upon subscribing for a Basic or Individual Membership plan via the Website www.MonteroTherapyServices.com (the “Services”). The Member selects a Membership Type based on the support desired, Basic (Free) Membership with limited website access or Individual (Paid) Membership with full website access. The “Company” is an online consultation firm providing training, education and support to long term care professionals nationwide, defined as “Members.” The Website, www.MonteroTherapyServices.com, is a means of reaching professionals for the provision of educational information and professional advancement in the areas of clinical and reimbursement support for rehabilitation services, specific to long term care. A Basic Membership entitles the “Member” to limited website access consisting of the Resource Library and Course Content Purchase for no annual cost. Individual Membership entitles the “Member” access to all areas of the website as defined herein for the annual cost of the Individual Membership, including access to the Resource Library, Clinical Toolbox and Q&A Forum at no additional cost. Basic and Individual Members are also eligible to purchase Educational Courses as desired by the Member at a designated price determind by Membership level. Specific details for services are provided below: a. Resource Library: The Resource Library contains essential resource documents, including, but not limited to, Medicare Manuals, Reimbursement Guidelines, MDS 3.0 Material, Clinical Tools, State Survey Guidelines, and Compliance Tools. Basic and Individual Members have unlimited access to the materials and links in the Resource Library at no additional cost. b. Clinical Toolbox: The Clinical Toolbox contains “How-To” and custom documents designed to make understanding and following regulations easier. Information is included for Medicare Part A, Part B, Managed Care, and State Case Mix Reimbursement. Practice tools for clinicians, including functional assessment tools and sample documentation are included. Materials are also included for Rehab Department Management and Survey Preparation. Individual Members have unlimited access to the materials and links in the Clinical Toolbox at no additional cost, unless otherwise indicated. Basic Members do not have access to the Clinical Toolbox. c. Info Blast: Individual Members receive email updates regarding regulation changes that may impact rehab and reimbursement functions, as well as guidance on implementing changes. Basic Members do not have access to InfoBlast material. d. Just Ask! Q&A Forum: Individual Members have access to a question and answer forum for guidance and information at no additional cost. Individual Members are able to ask questions and Company will make best efforts to respond with the information and source. Individual Members are also able to access the library of questions and answers from other Members on file for additional resources. This forum is for general questions pertaining to policy or practice in the areas of rehabilitation, MDS management and billing. Specific questions pertaining to a particular resident, billing or coding situation, or problem solving scenario are not considered appropriate for the Just Ask! Forum. Basic Members do not have access to the Just Ask! Q&A Forum. e. Continuing Education Courses: Basic and Individual Members have access to courses designed specifically for long term care and the geriatric population. Courses range in price from $0-$499 depending on the type and duration of the course, and Membership level. Topics are appropriate for PT, OT, Speech, MDS Coordinators, Administrators and staff. Basic and Individual Members that complete a course will receive a Certificate of Attendance from the Company. It is the responsibility of the Member to determine if courses selected for purchase will meet specific State Licensure requirements for Continuing Education credits as each state has unique requirements for therapy professionals.
The Services are not intended, nor designed, to collect or process protected health information (as defined in the Health Insurance Portability and Accountability Act) (“PHI”), and Members must not use the Service to transmit, store or receive PHI. State and federal laws may impose upon Member obligations with respect to patient confidentiality and other obligations that may limit the right of physicians, health care providers, and persons acting on their behalf, to make use of the Service or to transmit certain information to third parties. Member represents and warrants that Member will, at all times during the term of this Agreement and thereafter, comply with all laws directly or indirectly applicable to it that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of confidential information. Member is, at all times during the term of this Agreement and thereafter, solely responsible for obtaining and maintaining all other legally necessary consents or permissions required or advisable to disclose, process, retrieve, transmit, and view any information it transmits, stores, or receives in connection with use of the Services.
COMPANY IS NOT LIABLE OR RESPONSIBLE FOR ANY MEMBER’S ACTS OR OMISSIONS IN USING THE SERVICES IN WAYS THAT ARE NOT IN COMPLIANCE WITH ANY SUCH REQUIREMENTS OR A MEMBER’S USE OR MISUSE OF ANY INFORMATION TRANSMITTED, MONITORED, STORED, OR RECEIVED USING THE SERVICES. All services are outlined in this Agreement. Individual Membership rate is $99 annually and is subject to change. Members will receive a username and password for site access. Members agree to keep this information confidential and ensure safeguards are in place to prevent misuse of private information.
2. PAYMENT: Payment for membership and/or purchased services should be made via the website payment gateway, PayPal and/or credit card, unless other arrangements have been made with the Company. Upon initial subscription sign-up, the Company will set up the method of payment for Member’s future purchases. PayPal payment gateway will automatically establish an annual recurring payment plan for Individual Member subscriptions that may be cancelled by the Member at any time. It is the responsibility of the Member to configure their PayPal account.
3. RELATIONSHIP OF PARTIES: Company shall be deemed an independent contractor with respect to any and all work performed under this Agreement.
4. INTELLECTUAL PROPERTY: Except as expressly set forth herein, this Agreement does not grant Member any Intellectual Property Rights in the Website, its content, or Company’s trademarks and brand features. “Intellectual Property Rights” means current and future worldwide rights under patent, copyright, trade secret, trademark, moral rights, and other similar rights. a. Limited Permission. Member grants Company only the limited rights that are reasonably necessary for Company to offer the Services. This permission also extends to trusted third parties Company works with to offer the Services (e.g., payment provider used to process payment of fees, etc. b. Suggestions. Company may, at its discretion and for any purpose, use, modify, and incorporate into its products and services, license and sublicense, any feedback, comments, or suggestions Member submits to Company and the Website. c. Customer List. Company may include Member’s name in a list of Company customers on a Company website or in promotional materials. d. Website. Information on the Website is copyright protected and distribution or reproduction of materials is prohibited unless written permission is obtained from the Company.
5. HOLD HARMLESS PROVISION: Member agrees to indemnify and hold harmless the Company, including any employees or other contractors working with the Company from and against any and all claims or causes of action, including reasonable attorney fees and expenses incurred by the Company in connection with a defense of any such claim or cause of action, which may arise as a consequence of any act or omission on the part of the Company, which occurs during the performance of the services to be provided hereunder. Member acknowledges: a. It is the responsibility of the Member to evaluate text, content, opinions, statements, suggestions, strategies, tactics, or other information available through the Website. Use of such information is voluntary, and reliance on it should only be undertaken after an independent review. Under no circumstances will Company be liable for any damage caused by reliance upon information obtained through the Website. Any reliance upon any information is at the risk of the Member. b. The information contained on the Website or presented during any e-mail exchange with Company including, without limitation, the Resource Library, Clinical Toolbox, and Q&A Forum, are for informational purposes only and no warranty is made that the information is error-free. The information contained within the Company’s Website may be, at any time, outdated and may include inaccuracies and/or errors. Information may change at any time without notice.
NEITHER COMPANY, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR CONTENT PROVIDERS MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING ITS WEBSITES, THE CONTENT OR ANY SERVICE PROVIDED HEREIN. THE CONTENT AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND COMPANY SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY OR WARRANTIES AGAINST INFRINGEMENT. COMPANY, ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, LICENSORS AND CONTENT PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF PROGRAMS OR DATA, OR INTERRUPTION IN BUSINESS ACTIVITY, RESULTING FROM OR CAUSED BY THE COMPANY’S WEBSITE, ITS CONTENT, ANY SERVICES PROVIDED HEREIN OR THE DELAY OR INABILITY TO USE THE COMPANY’S WEBSITES, OR ANY INFORMATION, MATERIALS, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
THE COMPANY DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE WEBSITE. MEMBER ACKNOWLEDGES THAT ANY RELIANCE UPON SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT MEMBER’S SOLE RISK. THE COMPANY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE WEBSITE. THE COMPANY RESERVES THE RIGHT AT ALL TIMES TO DISCLOSE ANY INFORMATION AS NECESSARY TO SATISFY ANY LAW, REGULATION OR GOVERNMENT REQUEST, OR TO EDIT, REFUSE TO POST OR TO REMOVE ANY INFORMATION OR MATERIALS, IN WHOLE OR IN PART, THAT IN COMPANY’S SOLE DISCRETION ARE OBJECTIONABLE OR IN VIOLATION OF THIS AGREEMENT.
c. Company does not assume any responsibility or risk for Member’s use of the Company’s web content, Website, or other resources, is not responsible for any changes that may be required by Member’s Internet Service Provider (ISP), and will in no event be liable to Member or anyone else for any decision made or action taken by Member or anyone else in reliance upon the information provided through Company’s web content, Website, or mobile application(s).
6. RECORD RETENTION. Company agrees to maintain its books and records reasonably relating to the work performed and invoices issued pursuant to this Agreement for a period of two years following the end of the calendar year in which the work was performed, and during that time, to make such books and records available to Member and its auditors upon their request, during Company’s regular office hours, provided Member has provided Contractor with reasonable notice of its request to review said books and records.
7. TERM / CANCELLATION. This Agreement shall remain in effect until the Basic or Individual Membership is cancelled by either party. Membership cancellations will prevent automatic annual renewals; and Members will continue to have access to the website through the completion of the annual membership term regardless of date of cancellation. The Company does not prorate refunds for Membership cancellation. Cancellation of the Individual Membership by the Member shall be in writing via email sent to [email protected]
8. CONFIDENTIALITY. The parties shall hold the terms of this Agreement confidential, and shall only disclose the same as required by law. Information obtained by Company in the conduct of work under this Agreement shall be considered confidential and shall not be divulged by Company or its employees, agents or subcontractors, to any person, firm, or corporation.
9. SEVERABILITY. In the event any provision of this Agreement is inconsistent with or contrary to any applicable law, rule, or regulation, the provision shall be deemed to be modified to the extent required to comply with the law, rule, or regulation, and this Agreement, as so modified, shall continue in full force and effect.
10. MISCELLANEOUS. This Agreement constitutes the entire Agreement of the parties on this subject and supersedes all prior and contemporaneous agreements on this subject. This Agreement may not be modified orally and no modification, amendment or waiver shall be binding unless in writing and signed by the Member and the Company.
Terms and Conditions for Facility Memberships will be handled via direct contact with facility representatives for completion of the required Agreements.
For questions please contact [email protected]