Terms and Conditions for Website Use, Including Content Purchases, Courses and Membership Subscriptions
By purchasing and/or downloading any of our products, you agree that we can contact you via email in the future. You have full control to “unsubscribe” from emails at any time using the feature at the bottom of each email correspondence. We email Members on a limited basis, with any SNF regulation changes or upcoming courses, typically a maximum of 4 emails per month.
Payment Information: If you made a purchase, please note that for optimal protection of your payment information, we outsource all payment collections to PayPal. Our Company does not see or store any payment information you use via PayPal or Credit Card. We are able to view transactions and issue refunds as necessary, all without access to your personal information. PayPal’s Terms and Conditions can be found on their website.
We are a professional therapy practice owned by therapy professionals. We will not share your personal information with anyone. Period.
If you are requesting a paid Membership subscription, the following information outlines what features are included with your Membership:
The TERMS and CONDITIONS of this AGREEMENT (“Agreement”) are made and entered into on the date of purchase or subscription between the Member/Subscriber/Purchaser (“Member”) and Montero Therapy and MDS Compliance Consulting [Montero Physical Therapy, PLLC] (“Company”) by agreeing to the Terms and Conditions as indicated by checking the Agree box (“Effective Date”) when making a purchase and/or establishing a Free or Paid subscription. The parties agree as follows:
1. SERVICES: The “Member” seeks professional services from the “Company” upon making a purchase of product/content, or subscribing for a Membership plan via the Website www.MonteroTherapyServices.com (the “Services”). The Member purchases a product or selects a Membership Type based on the support desired. The website has Membership options ranging from Free to Paid, and access to website content is based on the type of Membership selected. Basic (Free) and Student Memberships with limited website access or Individual/Facility (Paid) Memberships with full website access. Purchases can be made by all Membership types; purchase price is defined by membership level. The “Company” is an online consultation firm providing training, education and support to long term care therapists and 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 (Free) Membership entitles the “Member” to 1 user account for partial website, including access to the Resource Library. Basic Members are also able to purchase courses at full price. The Basic Membership has no annual cost.
A Paid Membership entitles the “Member” to 1 user account for a range of access, depending on specific Paid Membership Level selected. Paid Members are also eligible to purchase Educational Courses as desired by the Member at a designated price determined by Membership level. Paid Student Memberships have access to the Resource Library and the Just Ask Q&A Library. Paid Individual Memberships have 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, PDPM Calculator, at no additional cost. Individual Members receive 50% off the full course price.
A Paid Facility Membership is defined as an Agreement between the Company and skilled nursing facility (SNF) member. The SNF primary contact person (typically the Rehab Manager or MDS Coordinator) initiates the set up of the account. This type of Membership receives 2 membership log on accounts for website material access, the second will be set up after establishing the Membership. This Membership level has all the features of the paid Individual Membership, including full website access to the items noted below. The Facility Membership includes additional features of free continuing education hours with the annual membership selected by the facility representative from the designed course selection. Each course selected will be available for 30 days and facility is allowed 10 additional staff members to complete the course and receive continuing education credit. Facility staff accessing the course for credit will have temporary accounts set up to access the website material and print out a Certificate of Attendance at no additional cost. Facility Members have access to additional Company services, including custom consulting and education services. These additional services, if chosen to use by the Facility, will require the completion of additional Agreements, including a Master Service Agreement and Business Associate Agreement. The Company will contact Facility Members to initiate the process of completing required paperwork if the Facility Member requests these additional services.
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, State Survey Guidelines, and Compliance Tools. Basic, Student, Individual and Facility Members have unlimited access to the materials and links in the Resource Library at no additional cost.
b. Clinical Toolbox: The Clinical Toolbox / Therapist Toolbox contains information specific to regulatory compliance of the skilled nursing facility setting. There are “How-To” and custom documents designed to make understanding and following regulations easier. Information is included for Medicare Part A, Part B, Managed Care, MDS 3.0, CMS Quality Measures, professional practice, 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 and Facility Members have unlimited access to the materials and links in the Clinical Toolbox at no additional cost, unless otherwise indicated. Basic and Student Members do not have access to the Clinical Toolbox. Additional Paid Memberships may have access to limited items in the Clinical Toolbox, and access will be described on that corresponding Membership page.
c. Info Blast: Individual and Facility Members receive periodic email updates regarding regulation changes that may impact rehab and reimbursement functions, as well as guidance on implementing changes.
d. Just Ask! Q&A Forum: Individual and Facility Members have access to a question and answer forum for guidance and information at no additional cost. Individual and Facility Members are able to submit questions directly through the Q&A Forum Page and Company will make best efforts to respond with the information and source by the end of the next business day. Communication is returned to the Member via the email address on file with Membership. Individual, Student and Facility Members are 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. Members using the Q&A Forum agree to have their questions visible in the Q&A Library (Members name will not be visible to others). Basic Members do not have access to the Just Ask! Q&A Forum.
These 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.
e. Continuing Education Courses: Basic, Individual, and Facility 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 successfully complete a course will be able to print out a Certificate of Attendance from the course page. 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. Individual Members, included with paid Membership, can select 1 Free Course annually with Membership, up to 6 contact hours, from the Course Library. Courses for selection are designated; live courses are not able to be selected as the Free Course. Individual Members receive 50% off the full price of all courses.
f. PDPM Calculator and/or PDPM Resources: The Patient Driven Payment Model wage adjusted calculator is available to Individual and Facility Members at no additional cost, as are the PDPM resources on the “PDPM Resource Page.” These resources are designed to assist Members with understanding the PDPM and the impact on the SNF setting.
All services are outlined in this Agreement. 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, as either recurring or non-recurring. 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 to their preference.
2. a) REFUNDS: Member satisfaction with purchases and membership subscriptions is of utmost Company importance. If a Member/Purchaser is not satisfied with a purchase, they are eligible for a 100% refund and/or service credit, as determined by the Company. Refunds for any courses/continuing education materials may also include revoking the Continuing Education Units (CEU’s) issued for that course, at the discretion of the Company. Special Course Programs may have a time limitation on refunds/service credits, and will be stated on the course information page. The Rehab Manager Training Program has a satisfaction guarantee with full refund within the first 14 days of the multi-week program. Because a majority of purchases are digitally based and non-returnable, the Company will determine the most appropriate method of refund.
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, and in purchased materials and courses, 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 can be cancelled by either party at any time, and will remain in effect until that time. Membership cancellations involving paid memberships will cancel all automatic renewals. The Company does not prorate refunds for Membership cancellation and the Member will continue to have website access until the expiration date of the original purchase. Members may terminate their own Free or Paid subscription on their “My Account” page of the website, as well as manage all aspects of their membership.
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 and custom consulting services, will be handled via direct contact with facility representatives for completion of the required Agreements, that are required in addition to signing this Terms and Conditions of Agreement.
For questions please contact membersupport @ monterotherapyservices.com.