This is not medical advice
DO NOT USE THIS SERVICE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.
The content and service of the MINDURANCE Site, such as text, graphics, images, online courses, podcasts, audios, coaching sessions, live events, and other products created by MINDURANCE or obtained from MINDURANCE's licensors, and other materials contained on the MINDURANCE Site are for informational purposes only. SUCH Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read, WATCHED, HEARD, OR RECEIVED on the MINDURANCE Site! None of the Content represents or warrants that any particular treatment is safe, appropriate, or effective for you. mindurance does not endorse any specific tests, medications, products or procedures.
IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING TAKING ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS OR IF YOU FEEL THAT YOU OR ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER AND NOTIFY THE RELEVANT AUTHORITIES. THE MINDURANCE NOW SITE DISPLAYS THE SUICIDE HOTLINE IN SEVERAL PROMINENT LOCATIONS AND HAS AN INDEX OF NATIONAL, REGIONAL AND STATE RESOURCES FOR MENTAL HEALTH EMERGENCIES WHICH WE IMPLORE ALL USERS OF THIS SITE TO USE WHEN FACED WITH AN IMMEDIATE OR EMERGENT CRISIS.
1. Welcome and Introduction
Please be advised that these Terms contain provisions that govern how claims you and we have against each other are resolved (see Indemnity; Disclaimer of Warranties; Limitation of Liability provisions below). These Terms also contain an agreement to arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration, unless you opt out of the agreement to arbitrate pursuant to the instructions below.
2. Information accuracy
We do our best to ensure that information on the Site (as defined below) is complete, accurate, and current. Despite our efforts, however, information on the Site may occasionally be inaccurate, incomplete, or out of date. All specifications, products, descriptions, availability, and prices of Products and the Service on the Site are subject to change at any time without notice. We make all reasonable efforts to accurately display the attributes of our Products and Service. The inclusion of any Products or Service on the Site at a particular time does not imply or warrant that such Products or Service will be available at any time. We reserve the right to discontinue any Product or Service at any time.
Mindurance reserves the right to modify these Terms at any time at its sole discretion and may post a notice of such changes. If and when these Terms are modified, you will be subject to the terms of the modified Terms, and by accessing the Site, you agree to these Terms, as modified, without further notice.
5. User Conduct
You agree not to access or use the Service in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes these Terms. You shall not post, use, store or transmit (i) a message or information under a false name; (ii) information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person; or (iii) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others. You shall not attempt to disrupt the operation of the Service by any method, including through use of viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding or spamming. You shall not use the Service in any manner that could damage, disable or impair the Service. You shall not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper or other means to access the Service for any purpose. Neither Mindurance nor its affiliates are under any obligation to respond to messages posted on the Service. You are solely responsible for the Content you access on the Service.
6. GEOGRAPHIC RESTRICTIONS
Not for Use in Certain Jurisdictions. The Service may not be used by residents of any jurisdiction where such use is prohibited. The owner of the Site is based in the state of Ohio in the United States. We provide the Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. You may not access or otherwise use the Site from outside the United States. You are responsible for compliance with all applicable laws. We make no representations, warranties, or claims regarding the Site’s compliance with EU or other foreign country privacy or data security laws. We do not desire to process personal data of data subjects outside of the United States and do not otherwise intend to offer goods or the Service to or monitor the behavior of data subjects outside of the United States. You represent and warrant that neither you nor your representatives will provide or otherwise make available to us personal data of an identified or identifiable person outside of the United States. For the purpose of this paragraph, an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. For the purpose of this paragraph, personal data shall mean any information relating to an identified or identifiable natural person.
7. Use of Service
To access the Service, you must first enroll to establish an individual user account (“Account”), by providing certain information, as described below.
- Use Description. Mindurance Learn is a curation of articles, videos, audios, podcasts, online-courses, and research that users of the Site can access. Some of this content is made available free of charge and some of it is purchased.
- Account/Password/Security. You may never use another's account, and you may not provide another person with the username and password to access your Account. You are fully responsible for any and all activities that occur under your password or Account, and it is your responsibility to ensure that your password remains confidential and secure. You agree to (a) immediately notify Mindurance of any unauthorized use of your password or Account or any other breach of security, and (b) ensure that you exit from your Account at the end of each session when accessing the Service. Mindurance will not be liable for any loss or damage arising from your failure to comply with this Section.
- Payment/Refunds. To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide Mindurance information regarding your credit card or other payment instrument. You represent and warrant to Mindurance that such information is true and that you are authorized to use the payment instrument. You will promptly update your Account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Mindurance the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms. You hereby authorize Mindurance to bill your payment instrument in accordance with the terms of the applicable payment plan until you terminate your Account, and you further agree to pay any charges so incurred. If you dispute any charges, you must let Mindurance know within sixty (60) days after the date that Mindurance charges you. We reserve the right to change Mindurance’s prices. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with the Service other than U.S. taxes based on Mindurance’s net income.
- Shipping/Delivery/Returns. After purchasing a Course, you will have immediate access to the Course for one (1) year. After one (1) year, your access to the Course will end. To regain access to the Course, you will have to repurchase the Course.
- Use Description. Mindurance Now is an online directory and service platform for performance enhancement and stress management coaching. Vetted stress management and performance enhancement professionals (each, a “Coach” and collectively, the “Coaches”) place a profile on a search directory and receive a phone contact extension in order to connect with Users and provide such performance enhancement or stress management services to Users. Users may search Coach profiles and can call the desired extension to pay per-minute for coaching services (the “Coaching Services”).
The Mindurance Now Service is a communications platform for enabling transactions between Users and Coaches. Mindurance Now does not have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of any ratings provided by Users, coaching services provided by Coaches, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Users. Mindurance Now cannot confirm that the Users are who they claim to be. Mindurance Now does not assume any responsibility for the accuracy or reliability of this information or any information provided through the Service.
Mindurance does not directly employ the Coaches matched through the Service. Mindurance created a modern, coaching network of nationwide trained and credentialed Coaches. Mindurance only works with independent, licensed/credentialed, insured and vetted professional Coaches. In order to receive approval to practice using the Mindurance Now platform, the applying Coach must be found to be in compliance with the policies and procedures of Mindurance, federal and state guidelines, and must receive written approval from Mindurance. This verification process includes:
- Verification of licensure or credentials. The Coach holds a valid, current license or credentials to coach which is verified directly from the appropriate credentialing body or board.
- Verification of proper education and degree.
- Verification that the Coach can practice independently at the highest applicable state level of licensure.
- Verification of malpractice insurance. A copy of the current malpractice coverage that shows the dates and amounts of coverage obtained from the malpractice insurance carrier or the practitioner.
- Verification of malpractice history. This is completed by collecting five years of history of malpractice settlements from the malpractice carrier or through query to National Practitioner Data Bank (NPDB).
- Verification of any applicable specialized training. Written verification is needed for the completion of any specialized training the Coach has received from the school or training program that provided the training.
Your relationship with the Coach is strictly with the Coach. Mindurance is not involved in the Coach-User relationship and does not interfere, validate or control the Coach’s treatment unless advocating on behalf of you when following up on a particular complaint. Mindurance has created a national platform and conducts quality assurance checks using analytical tools to study such critical issues as Coach availability, response times, and the number and duration of therapeutic interactions. You are always advised to exercise a high level of care and caution in the use of Mindurance Now platform of Coaches as you would making any mental health or medical decision. You should never disregard, avoid, or delay obtaining medical advice from your primary doctor or other qualified healthcare provider or by using or combining Mindurance Now with traditional face-to-face appointments; solely because of information you saw on the Mindurance site or advice you received through a Mindurance Now Coach. Mindurance recognizes that performance enhancement and stress management do not fully and adequately address mental health concerns. Thus, we recommend a holistic approach to mental health and the choices you have to create the best therapeutic journey that matches your individual needs.
While we hope the Coaches and Service are beneficial to you, you understand, agree and acknowledge that they may not be the appropriate solution for everyone’s needs and that they may not be appropriate for every particular situation and/or may not be a complete substitute for a face-to-face examination and/or care in every particular situation.
You acknowledge that Coaches are not the employees or agents of Mindurance. All Coaches who offer their services to perform coaching services for other users operate independently from Mindurance. Mindurance reserves the right to remove any Coach Account (as defined below) and content from the Mindurance website.
Beyond these Terms, Coaches agree to comply with the below requirements in providing Coaching Services. Without limiting any other remedies Mindurance may have, Mindurance may immediately terminate your membership and use of the Service without notice if we believe that you have violated any of the following requirements.
- Continuously provide truthful, current and complete information, including, without limitation, correct representation of skills, degrees, qualifications, credentials, background and other information listed;
- Promise not to make misrepresentations or create a misleading profile listing;
- Not provide any Coaching Services which require a professional license, such as a physician, other health practitioner, attorney, accountant or financial planner. If a Coach does not have a valid professional license in the relevant jurisdiction, such Coach may not provide such services through the Site.
Mindurance also specifically reserves the right to remove the profile and account of any Coach (“Coach Account”) from our Service for any of the following reasons:
- If a Coach profile and/or phone extension receives no activity for three months or longer;
- If a Coach profile receives below average ratings from Users;
- If a Coach is violating the email protocols set forth in the CAN-SPAM act, such as by engaging in bulk email spamming or using emailing programs and email list generators to promote services or sale of products.
- Account/Password/Security. You agree that you will not create more than one Account or create an Account for anyone other than yourself. In exchange for your use of the Service and, if applicable, in order for Coaches to send notices to you, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by our Account enrollment form (understanding you may use an anonymous user name or nickname after you provide certain personal and emergency Contact Information); and (ii) each time you log on, maintain and promptly update such Account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Mindurance has reasonable grounds to suspect that such Account information is untrue, inaccurate, not current or incomplete, Mindurance reserves the right to transition your treatment to another provider outside of Mindurance and refuse any future request(s) to use the Mindurance Now Services. You shall at all times remain responsible for maintaining the confidentiality of your Account password and username (if any) and any other security information related to your Account. Mindurance will not be liable for any loss that you incur as a result of someone else accessing and using your Account, either with or without your knowledge.
In addition to the registration described above, access to the Services through an Organizational Contract or an Organization sponsored plan may require you to provide additional registration information. This information is collected to confirm your eligibility with the plan. Information collected under these circumstances will include but not be limited to:
Date of Birth
This information is required to confirm plan eligibility.
- Payment/Refunds You agree to pay for all Services purchased using your Account. Charges for Coaching Services are calculated based on full-minute increments, and the length of a Coaching session is rounded up to the next full-minute at the end of each Coaching session. For all purchases of Services, you agree that you will use only credit cards, debit cards, PayPal accounts, or other payment mechanisms for which you are the card or account holder.
In order for you to make a transaction or speak to a Coach via the Mindurance Now Service, you need to add funds to your Account. It is not required to add funds to your account otherwise. You will maintain a default payment credit card on file that can be changed at any time through your User Account. When you place a call on the Service Platform, the system will complete an "Authorization" that confirms you have enough funds to talk for 20 minutes. At the end of the call, if you talk for less than 20 minutes, the payment is captured for only the amount of time connected to the Coach. If you use all of the initial 20 minutes, the IVR system will prompt you with the option to add more minutes. You are then "Authorized" for the amount of additional minutes you choose to add. At the end of the call the payment is captured for the total minutes you were connected to the Coach.
Any payment you make for the use of the Services is used to compensate Coaches using the Mindurance Now Coaching Directory and Service Platform (“Mindurance Now”), as well as, Mindurance for its software development, overhead, administrative services and other corporate costs and fees, including transaction fees for credit card usage.
Regardless of any payments made, Mindurance does not hold itself out as your direct provider of Coaching Services as that is the role of your platform accredited Coach. You agree to pay all fees and charges associated with your Account on a timely basis in accordance with the fee schedule, and the terms and rates published by Mindurance from time to time. Such fees and charges (including any taxes and late fees, as applicable) may be charged to the credit card you provided during the initial setup of your Account. You agree to maintain valid credit card information in your Account. By providing Mindurance with credit card information you authorize Mindurance to bill and charge your credit card.
Mindurance Now funds never expire, but the Company reserves the right to impose service fees, maintenance fees, inactivity fees or similar fees against the outstanding balance of your Mindurance Now funds by providing advance notice of such fees in these Terms, or by providing advanced direct notice to you by email.
Accounts only remain active and valid for a period of one year from the date of your last purchase of a Package or your most recent Coaching Session. However, as noted above, your Mindurance Now funds do not expire and may be redeemed by you after your Account has become inactive, provided that you successfully reactivate your Account. You may reactivate your Account by contacting our Customer Service.
- Use Description. Mindurance Live offers in-person webinars, workshops, and conferences that bring professionals and attendees together for face-to-face interaction and learning.
- Registration Obligation If you act in any way that in our opinion is likely to cause any harm or nuisance to any person at the Event, you will be required to leave the Event and we will not be liable to refund your Registration Fee (as defined below) or any other payment. You must comply at all times with the health and safety policy of the venue. You must comply with all requests from us or the venue with regard to health and safety and failure to do so will result in you being asked to leave the event (in which case no refund will be provided). You may not bring any equipment or items of a hazardous or dangerous nature to the Event. You shall not cause any damage to any part of the venue (including outside areas, and all inside walls, flooring, fixtures and fittings). You are solely liable for any damage caused by you, your employees, contractors, sub-contractors and agents to any such area of the venue and shall fully reimburse us in relation to any damage so caused. You must keep your personal belongings with you at all times and we accept no liability for any damage to, loss of or theft of any of your belongings or other items brought to the Event by you. If you have any disability or medical condition that requires us to make special arrangements for you or any special dietary requirements, please email us at email@example.com as soon as possible and in any workshop at least two weeks prior to the date of the Event. You shall be responsible for making and paying for your own travel and accommodation arrangements to and from the Event. If you are late at the Event or prevented from attending the Event due to travel delays or any other circumstances, we will not be obliged to provide you with a refund or to delay the Event.
- Account/Password/Security. We will communicate with you using the contact details provided on the registration form for the purposes of the Event. We will not send you tickets for the workshop. We will have your name on the attendee list and if you have paid the Registration Fee you will be provided with access to the Event.
- Payment/Refunds. The fee for attending the Event (“Registration Fee”) will be as stated on the registration form for the relevant Event from time to time. All payments for the Registration Fee must be made in full at the time of completing the registration form and in any event prior to the date of the Event. Payment will be made via our merchant account provider (and you consent to us passing your necessary details to the merchant account provider and to them processing necessary information about you) or directly to our bank account, as notified to you. We reserve the right to run price promotions as we think fit. All tickets for the Event shall be non-refundable except as set out below. However, if you are unable to attend the Event for any reason you may email us at firstname.lastname@example.org to provide us with the name of a substitute to attend the Event on your behalf and on receipt of this email we shall make such substitution and allow the substitute access to the Event. We may at our discretion charge an administration fee for making such substitution.
- Shipping/Delivery/Returns. There may be circumstances in which we need to cancel the Event. In such circumstances, we will provide you with a full refund of the amount of the Registration Fee that you have paid to us and we will make every effort to provide you with such refund within 60 days of the date of cancellation. There may be circumstances in which we need to postpone the Event or change the venue at which Event is to be held, and, if we do, we will advise you of this as soon as possible. If the postponement is for more than six months after the publicized date of the Event or the replacement venue is more than 50 miles away from the publicized venue, you may cancel your ticket by emailing us at email@example.com and we shall provide you with a full refund.
- Use Description. Mindurance Gear is an online store where users can purchase clothes and other products with Mindurance branding, messaging, and scope.
- Account/Password/Security. To complete your registration to purchase Mindurance Products using the Zazzle Dropshipping account ("Zazzle Account"), you must provide an email address, a password, and payment and tax information, as necessary. You are responsible for maintaining the confidentiality of your password and Zazzle Account, and are responsible for all activities that occur under your password or Zazzle Account. It is important for you to protect against unauthorized access to your computer. Be sure to log off when you finish using a shared computer. You agree to (a) immediately notify Mindurance of any unauthorized use of your Zazzle Account or any other breach of security, and (b) ensure that you exit from your Zazzle Account at the end of each session. Mindurance cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
- Payment/Refunds. Prices for products are described on the Site and are incorporated into this Agreement by reference. All prices are in US dollars. Prices and products may change at Mindurance’s discretion. Mindurance may offer promotional discounts from time-to-time. You must agree to the terms of the promotion in order to be given the discount, and Mindurance reserves the right to not honor promotional codes if we reasonably suspect abuse. You agree not to use more than one discount per item, unless such use is expressly permitted by Mindurance. Title and risk of loss for all Products ordered by you shall pass to you on Mindurance’s shipment to the shipping carrier. Purchases are subject to Zazzle’s Shipping and Return Policy. Mindurance reserves the right to cancel any order for any product that for any reason, including orders that may violate the intellectual property rights of a third party and will notify the purchaser that the order has been canceled.
- Shipping/Delivery/Returns. Mindurance Gear products are fulfilled through Zazzle. Zazzle offers a range of shipping options to create your own shipping quote and give you maximum flexibility and control over the ordering and shipping process. Immediately after you complete your purchase at Zazzle, your order is sent to one of their production facilities, manufactured, and packaged with great care. Once your goods have been created, Zazzle works with logistics partners to ship the goods to your designated address. If you wish to amend your shipping instructions or address at any point before the goods leave our production facility, please contact Customer Support and they will do their best to accommodate your changes.
- Mobile Usage
The Service may include certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. In using the Mobile Services, you may provide your telephone number. By providing your telephone number, you consent to receive calls and/or SMS, MMS, or text messages at that number. We may share your phone numbers with our affiliates or with our service providers (such as customer support, billing or collections companies, and text message service providers) who we have contracted with to assist us in pursuing our rights or providing our Services under these Terms, our policies, applicable law, or any other agreement we may have with you. You agree these parties may also contact you using autodialed or prerecorded calls and text messages, as authorized by us to carry out the purposes we have identified above, and not for their own purposes. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Account information to ensure that your messages are not sent to the person that acquires your old number.
- Use and Storage
You acknowledge that Mindurance may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Mindurance’s servers on your behalf. You agree that Mindurance has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Mindurance reserves the right to terminate Accounts that are inactive for an extended period of time. You further acknowledge that Mindurance reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
- Modifications to services
Mindurance reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Mindurance will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. We have no obligation to retain any of your Account or submitted content for any period of time beyond what may be required by applicable law.
8. Intellectual Property Rights
All of the content available on or through the Service is the property of Mindurance or its licensors and is protected by copyright, trademark, patent, trade secret and other intellectual property law. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through the Service to any third party. All software and accompanying documentation made available for download from the Service is the copyrighted work of Mindurance or its licensors. Any copy made of information obtained through the Service must include all applicable copyright notices.
"Mindurance" is a copyrighted term. All rights reserved. Subject to the these Terms, Mindurance hereby grants you a limited, revocable, non-transferable and non-exclusive license to use the software, network facilities, content and documentation on and in the Service to the extent, and only to the extent, necessary to access and use the Service.
The license granted herein does not permit you to, and you agree not to: (i) modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Service or allow a third party, whether directly or indirectly (including, but not limited to the direct or indirect use of wizards, agents, bots, or other utilities), to modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Service; or (ii) transfer, distribute, sell, lease, rent, disclose or provide access to the Service to any third party or use the Service to provide service bureau, time sharing or other services to third parties.
Mindurance respects copyright law and expects its users to do the same. If you believe that your copyright or trademark is being infringed on the Site, please send us a written notice with the following information:
- Identification of the copyrighted or trademarked work that you claim has been infringed;
- Identification of the allegedly infringing content, and information reasonably sufficient to permit Yelp to locate it on the Site (e.g., the URL for the web page on which the content appears);
- A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright/trademark owner, its agent, or the law;
- A statement by you that you attest, under penalty of perjury, that the information in your notice is accurate and that you are the copyright/trademark owner or authorized to act on the owner's behalf; and
- Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
You can send us your copyright or trademark notices by email to: firstname.lastname@example.org
Any link (including a hyperlink, button or referral device of any kind) used in the Service is provided for your use and convenience. The appearance of a link does not constitute an endorsement, recommendation or certification by Mindurance, nor should the presence of a link in any way be construed as a suggestion that any third party website has any relationship to Mindurance. Mindurance does not endorse the content on any third-party websites. Mindurance is not responsible for the content of linked third-party websites or third-party advertisements and does not make any representations regarding its content or accuracy. Mindurance does not knowingly link to websites that may infringe on valid and existing trademarks, service marks, copyrights or patents. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites. We have no responsibility for the creation of any such third party content, including (but not limited to) any related products, practices, terms or policies, and we will not be liable for any damage or loss caused by any third party content.
You agree to defend, indemnify, and hold Mindurance and its successors and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Mindurance Service, (b) any actions made with your Account or Account access whether by your or by someone else, (c) your violation of these Terms, (d) non-payment for any of the Services, and (e) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right. This clause shall survive expiration or termination of these Terms.
11. Disclaimer of Warranties
ACCESS TO THE SERVICE AND THE INFORMATION CONTAINED THEREIN IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MINDURANCE DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, MINDURANCE DOES NOT WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND YOUR RELIANCE UPON ANY OF ITS CONTENTS IS AT YOUR SOLE RISK. The SERVICE dependS on various factors such as software, hardware and tools, either our own or those owned and/or operated by our contractors and suppliers. While we make commercially reasonable efforts to ensure the SERVICE’S reliability and accessibility, you understand and agree that no SERVICE can be 100% reliable and accessible and so we cannot guarantee that access to the SERVICE will be uninterrupted or that it will be accessible, consistent, timely or error-free at all times.
YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE SERVICE OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE SERVICE CAUSED BY YOU OR ANY PERSON USING YOUR USERNAME OR PASSWORD. MINDURANCE CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET, OR FOR YOUR MISUSE OF ANY PROTECTED HEALTH INFORMATION, ADVICE, IDEAS, INFORMATION, INSTRUCTIONS OR GUIDELINES ACCESSED THROUGH THE SERVICE.
12. Limitation of Liability
IN THE EVENT OF ANY PROBLEM WITH THE SERVICE OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICE. UNDER NO CIRCUMSTANCES SHALL MINDURANCE, ANY MINDURANCE LICENSOR OR SUPPLIER, OR ANY THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE SERVICE BE LIABLE IN ANY WAY FOR YOUR USE OF THE SERVICE OR ANY OF ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT.
UNDER NO CIRCUMSTANCES SHALL MINDURANCE, ITS LICENSORS OR SUPPLIERS OF NON-MEDICAL/ MENTAL HEALTHCARE SERVICES OR ANY THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE SERVICE, BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF MINDURANCE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT OUR AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THESE TERMS AND ANY AND ALL USE OF THE SERVICES WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU FOR THE SERVICES IN THE THREE-MONTH-PERIOD PRIOR TO THE DATE OF THE CLAIM.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
THIS SECTION (LIMITATION OF LIABILITY) WILL SURVIVE THE TERMINATION OR EXPIRATION OF THESE TERMS.
13. Binding Arbitration; Class Action Waiver
Any dispute or claim relating in any way to your use of Mindurance will be resolved by binding confidential arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law apply to these Terms.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must interpret these Terms as a court would.
It is agreed that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, Mindurance and you each waive any right to a jury trial. It is further agreed that you may not bring suit in court to enjoin infringement or other misuse of intellectual property rights.
You may opt out of this agreement to arbitrate. If you do so, neither you nor Mindurance can require the other to participate in an arbitration proceeding. To opt out, you must notify Mindurance in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:
1391 W. 5th Ave., Suite #445
Columbus, OH 43212-2403
You must include your name and residence address, the email address you use for your Account, and a clear statement that you want to opt out of this arbitration agreement.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
15. No Agency
You and Mindurance are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
If you breach any of these Terms, Mindurance will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. Mindurance reserves the right to revoke your access to and use of the Mindurance Now Service at any time, with or without cause. In the event Mindurance terminates these Terms for your breach, you will remain liable for all amounts due hereunder.
These Terms are governed by the laws of the State of Ohio, without regard to any conflict of laws rules or principles. You agree to submit to the venue and jurisdiction of the Ohio courts in the cases that arbitration is not successful or is assigned or appealed to a civil court. Mindurance failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. Notices required to be given to you by Mindurance may be delivered by electronic mail to the address provided during the creation of your Account, and the date of receipt shall be deemed the date on which such notice is given. These Terms constitute the entire Agreement between Mindurance and yourself regarding the Service and supersede and replace any prior agreements you and Mindurance might have regarding the Service. Mindurance may revise these Terms from time to time without notice to you. By continuing to Mindurance or use our Service after those revisions become effective, you agree to be bound by the revised terms. We encourage you to read the stems periodically. The paragraph headings in these Terms are solely for the sake of convenience and will not be applied in the interpretation of these Terms.
You may not assign or transfer these Terms, by operation of law or otherwise, without Mindurance’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Mindurance may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
These Terms constitute the entire and exclusive understanding and agreement between Mindurance and you regarding the Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Mindurance and you regarding the Service.