Last revised May 7th, 2023

These Terms and Conditions of use (“Terms of Use”) govern your use of our online interfaces and properties (e.g., websites and mobile applications) owned and controlled by Bender Medical Group Inc, dba Direct Health (“DH”, “we,” “us,” and “our”),including the and websites (collectively, the “Site”), as well as the services (“Services”) and products (“Products”) available to users through the Site. The terms “you” and “your” means you, your dependents if any and pets if applicable, and any other person accessing your DH Account. DH is owned by Bender Medical Group Inc dba Miramont Wellness Centers (collectively, “MWC”), and contracts with other provider groups, regarding online telehealth medical consultations and secure messaging between MWC physicians and other healthcare professionals, including therapists, nutritionists, and veterinarians, among others (individually the “Provider” and collectively the “Providers”) and their patients. (See Section 20 for supplemental terms applicable to Providers.) The professional medical services (which are provided by MWC or your own Provider) and the non-clinical Site services (which are provided by DH) are collectively referred to in this Terms of Use as, and included in the definition of, the “Services”. The terms “you” and “your” means you, your dependent(s) if any, and any other person accessing your DH Account.

Your acceptance of, and compliance with, these Terms of Use is a condition to your use of the Site and Services and purchase of Products. By clicking “accept”, you acknowledge that you have read, understand, and accept all terms and conditions contained within the Terms of Use, the Notice of Privacy Practices [] provided to you by MWC or your own Provider and applicable Privacy Policies. If you do not agree to be bound by these terms, you are not authorized to access or use this Site or Services; promptly exit this Site.

Binding Arbitration. These Terms of Use provide that all disputes between you and DH that in any way relate to these Terms of Use or your use of the Site will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled Dispute Resolution; Arbitration Agreement for the details regarding your agreement to arbitrate any disputes with DH.

1. Privacy Practices

You agree that information provided by you in connection with the Services and Site shall be governed by the Direct Health Privacy Policy which is hereby incorporated and made a part of this Agreement. In addition, you agree that information provided by you in connection with the Services shall also be governed by the MWC Notice of Privacy Practices, or your own Provider’s Notice of Privacy Practices, and is hereby incorporated and made a part of this Agreement as follows:

The Following “Notice of Privacy Practices” Describes How Medical Information About You May Be Used and Disclosed and How You Can Get Access To This Information. Please Review It Carefully to Protect your Rights.

Your health information is personal, and we are committed to protecting it. Your accurate health information is also very important to our ability to provide you with quality care and to comply with certain laws.

I. We are Legally Required to Safeguard Your Protected Health Information by:

A. Maintaining the privacy of your health information, also known as “protected health information” or “PHI;”

B. Providing you with this Notice, and Complying with this Notice.

II. How We May Use and Disclose Your Protected Health Information.

The law requires us to have your written authorization for some uses and disclosures. In other circumstances, the law allows us to use or disclose PHI without your written authorization. Some types of PHI, such as drug and alcohol abuse, patient treatment information, HIV test results, mental health information, and genetic testing results, may be subject to greater protection of your privacy with more restrictions on our use or disclosure of PHI. In general, we disclose a minor patient’s PHI to a parent or guardian, but in some situations, we may deny the parents access to the minor patient’s PHI.

This section explains and shows examples of each of these disclosure situations:

A. Uses and Disclosures for Treatment, Payment and Health Care Operations .

-To provide treatment to you, we may use or disclose your PHI to physicians, nurses, and other health care personnel who are involved in your care.

-To contact you as a reminder that you have an appointment for treatment, to tell you about or recommend possible treatment options or alternatives, or about health-related benefits or services that may interest you, we may use and disclose your PHI.

– To get paid for treatment provided to you, we may use or disclose your PHI to your insurance carrier. We may use or disclose your PHI to our business associates who perform billing and claims processing services, to create the bills that we submit to the insurance company.

B. Uses and Disclosures that Require Us to Give You the Opportunity to Object.

-We may provide relevant portions of your PHI to a family member, friend or other person you indicate is involved in your health care. In an emergency or when you are not capable of agreeing or objecting to these disclosures, we will disclose PHI as we determine is in your best interest, but will tell you about it after the emergency, and give you the opportunity to object to future disclosures to family and friends.

C. Certain Uses and Disclosures Do Not Require Your Written Authorization Other than Treatment, Payment, and Health Care Operations. The law allows us to disclose PHI without your written authorization in the following situations:

-When Required by Law. We disclose PHI, for example, when we are required to do so by federal, state, or local law.

– For Public Health Activities. We disclose PHI, for example, when we report suspected child abuse, occurrence of certain diseases, or adverse reactions to a drug or medical device.

-For Reports About Victims of Abuse, Neglect, or Domestic Violence. We disclose your PHI in these reports if we are required or authorized by law to do so, or if you otherwise agree.

-To Health Oversight Agencies. We provide PHI as requested to government agencies who have authority to audit or investigate our operations.

– For Lawsuits and Disputes. If you are involved in a lawsuit or dispute, we disclose your PHI in response to a subpoena or other lawful request, but only if efforts have been made to tell you about the request or to obtain a court order that will protect the PHI requested.

-To Law Enforcement. We release PHI if asked to do so by a law enforcement official, in the following circumstances: (a) in response to a court order, subpoena, warrant, summons, or similar process. (b) In emergency circumstances, to report a crime, its location or victims, or the identity, description or location of the person who committed the crime.

-To Coroners, Medical Examiners, and Funeral Directors. We disclose PHI to facilitate the duties of these individuals.

-To Organ Procurement Organizations. We disclose PHI to facilitate organ donation and transplantation.

-For Medical Research. We may disclose your PHI without your written authorization, to medical researchers who request it for approved medical research projects. However, with very limited exceptions, such disclosures must be cleared through a special approval process before any PHI is disclosed to the researchers, who are required to safeguard any PHI they receive.

-To Avert a Serious Threat To Health or Safety. We disclose your PHI to someone who can help prevent a serious threat to your health and safety or the health and safety of another person or the public.

-For Special government Functions. We disclose your PHI, for example, to federal officials for intelligence and national security activities that are authorized by law, or so that they may provide protective services to the President or foreign heads of state or conduct special investigations authorized by law.

-To Workers’ Compensation or Similar Programs. We provide your PHI to these programs in order for you to obtain benefits for work-related injuries or illness.

III. Other Uses and Disclosures of Your Protected Health Information.

Other uses and disclosures of your PHI that are not covered by this Notice or the laws that apply to us will be made only with your written permission. You may revoke that permission, in writing, at any time. If you do, we will no longer use or disclose your PHI for the purposes specified in the written authorization, but we cannot take back any disclosures we have already made with your permission, and we are required to keep certain records of the uses and disclosures made when the authorization was in effect.

IV. Your Rights Related to Your Protected Health Information:

A. The Right to Request Limits on Uses and Disclosures of Your PHI.

You may ask us to limit how we use and disclose your PHI, as long as you are not asking us to limit uses and disclosures that we are required to make. Requests must be submitted in writing. We are not required to agree to your request, but if we do, we will put it in writing and will abide by the agreement except when you require emergency treatment.

B. The Right to Choose How We Communicate With You. You may ask that we send information to you at a specific address (for example, at work rather than at home) or in a specific manner (for example, by telephone rather than by regular mail). We must agree to your request as long as we believe it is reasonable and we determine that it would not be disruptive to our procedures.

C. The Right to See and Copy Your PHI. Except for limited circumstances, you may look at and copy your PHI if you ask in writing to do so.

If you ask us to copy your PHI, we will charge you $15 for up to 30 pages, $0.35 per page thereafter (paper or digital).

D. The Right to Correct or Update Your PHI. If you believe that the PHI we have about you is incomplete or incorrect, you may ask us to amend it. Requests must be made in writing, and tell us why you think the amendment is appropriate.

We will act on your request within 60 days (or 90 days if extra time is needed), and will inform you in writing whether we agree to the amendment or not. If we make the amendment, we will ask whom else you would like us to notify of the amendment.

We may deny your request if you ask us to amend information that:

– was not created by us, unless the person who created the information is no longer available to make the amendment;

– is not part of the PHI we keep about you;

– is not part of the PHI that you would be allowed to see or copy; or

– is determined by us to be accurate and complete.

If we deny your request, we will tell you in writing how to submit a statement of disagreement or complaint, or to request inclusion of your original amendment request in your PHI.

E. The Right to Get a List of Your PHI Disclosures We Have Made. The list will not include disclosures made for our treatment, payment and health care operations purposes, those made directly to you or your family or friends. The list will not include disclosures made with your written authorization, for national security purposes or to law enforcement personnel, disclosure of limited data set, or disclosures made before April 4, 2003.

Your request for a list of disclosures must be made in writing. We will respond to your request within 60 days (or 90 days if the extra time is needed). The list we provide will include disclosures made within the last six years unless you specify a shorter period. There is a $15 fee for providing you this list.

2. Services Provided – No Medical Care or Advice by DH

DH does not provide medical advice or care. For purposes of these Terms of Use, “medical, “medical advice,” or “medical care” includes nutritional, behavioral, psychological, and veterinary information and advice. DH contracts with MWC and other independent, physician-owned medical groups with a network of Providers who provide virtual care services. MWC Providers and other Providers deliver clinical services via the DH platform to their patients. Providers are independently contracted or employed by the MWC or their own provider group (as applicable). Providers are not employed by DH. The Providers, and not DH, are responsible for the quality and appropriateness of the care they render to you. DH and MWC do not provide any legal advice or representations in any way regarding any legal issues associated with advice, information, goods, or services offered by a Provider, including but not limited to any compliance obligations or steps necessary to comply with any state or federal laws and regulations.

The Providers are independent of DH and are merely using the Site as a way to communicate with you. Any information or advice received from a Provider comes from them alone, and not from DH. Neither DH, nor any of its subsidiaries or affiliates or any third party who may promote the Site or Service or provide a link to the Service, shall be liable for any professional advice obtained from a Provider via the Site or Service, nor any information obtained on the Site. DH does not recommend or endorse any specific Providers, tests, physicians, medications, products, or procedures. You acknowledge that your reliance on any Providers or information delivered by the Providers via the Site or Service is solely at your own risk and you assume full responsibility for all risks associated herewith.

Some Providers listed through the Services enter into contracts with us, and may pay us a fee in order to be marketed through or to use the Services. To help you find Providers who may be suitable for your needs, and enable the maximum choice and diversity of Providers participating in the Services, we will provide you with lists and/or profiles of Providers. These results are based on information that you provide to us, such as insurance information, geographical location, and healthcare specialty. They may also be based on other criteria (including, for example, Provider availability, past selections by and/or ratings of Providers by you or by other Site users, and past experience of Site users with Providers). DH does not (a) recommend or endorse any Providers, or (b) make any representations or warranties about the training or skill of any Providers who deliver services via the Site or Service. You will be provided with available Providers based solely on the information you submit to the Site. DH does not receive any additional fees from Providers for featuring them (i.e., higher or better placement on lists) through the Services (subject to Sponsored Results as described below). Note, however, to the extent that you use the Services as provided by your employer, DH may provide lists and/or profile previews based also on criteria determined by your employer and your employer’s agents or advisors. In addition, to the extent that DH serves as a platform for, or provides technical support to, the provider directory associated with your health coverage, Providers will appear in the directory based on criteria determined by your health plan or plan sponsor, as applicable. We may show you advertisements or sponsored results (“Sponsored Results”) on the Site, including above the search results. DH receives additional fees from Providers for providing Sponsored Results. Sponsored Results shown through the Services are not, and should not be considered, an endorsement or recommendation by DH of the Provider. You are ultimately responsible for choosing your own particular Provider.

The content of the Site and the Services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by DH. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by DH, or in connection with any communications supported by DH, is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law. While DH facilitates your selection of, and communications with, Providers, DH itself does not provide medical services, and the doctor/provider-patient relationship is between you and the Provider you select.

Not for Emergencies


DH’s Site and Services are not for medical emergencies or urgent situations. You should not disregard or delay to seek medical advice based on anything that appears or does not appear on the Site. If you believe you have an emergency, call 9-1-1 immediately.

You should seek emergency help or follow up care when recommended by a Provider or when otherwise needed. You should continue to consult with your primary provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or modification.

Risks of Telehealth Services

By using the Site and Services, you acknowledge the potential risks associated with telehealth services. These include but are not limited to the following: information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate medical or health care decision making by the Provider; delays in evaluation or treatment could occur due to failures of electronic equipment; a lack of access to complete medical records may result in adverse drug interactions or allergic reactions or other judgment errors; although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail causing a breach of privacy of your health information.

Prescriptions and Product Policy

Neither DH nor MWC does not endorse any specific medication, pharmacy, product, supplies, equipment, or devices. If a Provider prescribes a medication or product, he/she must limit supply based upon state regulations and will only prescribe a medication or product as determined in his/her own discretion and professional judgment. There is no guarantee a prescription will be written. Providers reserve the right to deny care for actual or potential misuse of the Services.

You agree that any prescriptions that you acquire from a Provider will be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription.

DH and MWC fully honor patient freedom of choice and, if you receive a prescription for a medication, you always have the option to instruct the Provider to transmit that prescription to the pharmacy of your choice.

Not an Insurance Product

Neither DH nor MWC are a health insurance or malpractice insurance company, the Site and Services are not insurance products, and the amounts you pay to DH or Providers are not insurance premiums. If you desire any type of health, malpractice, or other insurance, you will need to purchase such insurance yourself.