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These Terms of Use ("Terms" or "TOU") is an agreement between you and MindiTM ("Mindi"). It describes the rules you agree to follow when using our website (the "Site"), including when you ask questions and when you view or input content on or into the Site.
These Terms of Use apply to your use of Mindi as a client or member. Medical Experts participating in the Mindi network are subject to different guidelines and terms found in our Provider Terms of Use. If you are viewing these Terms of Use for members and clients in error and you are a Medical Expert, please review and accept the Provider Terms of Use.
To make this document shorter and clearer, we've included some definitions:
Mindi is a two-sided marketplace and telehealth platform that connects you with independent medical practitioners, independent pharmacies, and health-related information to help you feel good and to live a happier, healthier life. Mindi offers standard paid services, as well as a paid membership option (available 2022), available through the same Site. The Site is not a medical practice or clinic nor a pharmacy. The Site is a platform offered to clients, members, licensed Medical Experts, and pharmacies to connect for adjunctive care in the early treatment of illness. The Site’s Medical Experts do not treat chronic conditions or emergencies.
Generally, this agreement governs your use of the Site. Other terms may apply to your use of a specific feature. If there is a conflict between this TOU and the terms posted for a specific feature, the latter terms apply to your use of that feature or part.
THESE TERMS OF USE REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. BY ACCEPTING THESE TERMS, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. SEE THE ARBITRATION AGREEMENT BELOW.
These Terms of Use may change on a going-forward basis at any time upon 7 days' notice. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. If you do not agree to all of these Terms of Use, please do not use Mindi.
Mindi is designed to support the health decisions and choices that you make, with a priority on your personal values. Always use common sense when making health decisions, and consult with your primary care physician whenever appropriate. Mindi cannot make decisions for you, but can connect you with a Medical Expert for a Virtual Consult. On Mindi you can ask informational questions and find therapeutic answers offered by Medical Experts. Except as provided via a Virtual Consult, our site offers no medical care and forms no doctor-patient relationship by use of the Site. Content and non-Virtual Care Services on Mindi are not a substitute for medical advice, diagnosis, treatment, or care from your primary care physician or from a provider in our network. Except as may be provided via a Virtual Consult, information on Mindi is not a substitute for a formal diagnosis, physical examination, or prescription and should not be used to treat a medical condition. Do not ignore or delay obtaining professional medical advice because of information published on the Site.
Please use Mindi's Virtual Consults or see your primary care physician in person if you are looking for a personal medical evaluation, diagnosis, prescription, or treatment.
Via Mindi Virtual Consults, you can obtain virtual care (if you are located in a state where such service is available). Additional terms apply to Virtual Consults. Mindi Virtual Consults facilitate a temporary doctor-patient relationship that is adjunctive (in addition to) the doctor-patient relationship between you and your primary care physician. Additionally, Mindi Virtual Consults do not create a temporary doctor-patient relationship between Mindi and you, but between you and the participating Medical Expert. This temporary doctor-patient relationship should be considered a secondary opinion, and in no instance is intended to replace or supersede a live in-person evaluation.
Whenever we use the words "your primary care physician" or "your doctor" or "healthcare provider" or similar words on Mindi, including in these Terms of Use, we mean your personal doctor with whom you have of an actual, mutually acknowledged, doctor/healthcare provider-patient relationship. If you participate in a Virtual Consult on Mindi, you understand and agree that the Medical Experts on Mindi are not your primary care physician, and you agree not to use Mindi Virtual Consults, or the advice given by the Medical Expert, as a substitute for interactions with your primary care physician.
We do not recommend or endorse any specific Content, Services, tests, doctors, products, procedures, opinions, or other information that may be mentioned on Mindi. Mindi is designed to be used with common sense, and in connection with the advice of your doctor or healthcare provider. Reliance on Mindi Content or Services is solely at your own risk. Some Services and Content (including posts by Medical Experts) may not be reviewed or certified by Mindi. We cannot guarantee that the Content and Services will help you achieve any specific goals or results. Content or advice regarding dietary supplements or other treatments or regimens have not been evaluated by the Food and Drug Administration and is not intended to diagnose, treat, cure, or prevent any disease.
Never use Mindi or Content or Services in a potential or actual medical emergency. CALL 9-1-1 OR YOUR DOCTOR FOR ALL MEDICAL EMERGENCIES.
The inclusion of Medical Experts, professionals and specialists on Mindi or in any professional directory on Mindi does not imply Mindi's recommendation or endorsement of such professional nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any professional. SUCH INFORMATION IS PROVIDED ON AN "AS-IS" BASIS AND Mindi DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Mindi SHALL IN NO EVENT BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY ANY PARTY (INCLUDING, WITHOUT LIMITATION, ANY USER) IN RELIANCE ON INFORMATION ABOUT MEDICAL EXPERTS, PROFESSIONALS AND SPECIALISTS ON Mindi. The use of Mindi by any entity or individual to verify the credentials of professionals or specialists is prohibited.
Accurate and complete patient registration information is required for use of Mindi services. Where applicable, you are solely responsible for the security of your passwords and for any use of your membership account, including any access to personal information in your account. If you suspect unauthorized use of your account, change your password immediately. Allowing any other person or entity to use your identity for using Mindi is not permitted.
We reserve the right to revoke or deactivate your account at any time. You may terminate your account and these Terms at any time by emailing support@mindi.com.
Currently, you must be at least 16 years old to use Mindi and at least 18 years old to request Mindi's premium Concierge Service, to request program membership, or to participate in a Virtual Consult. Patients 16 and 17 years old must be accompanied by a parent or legal guardian. Patients under 16 will not be treated.
Your use of Mindi and any Content and Services must comply with all applicable federal and state laws, regulations, and ordinances. You may not access our networks, computers, or the Content and Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person's use and enjoyment. You may not attempt to gain unauthorized access to any Content or Services, other accounts, computer systems, or networks connected to Mindi, the Content, or Services. You may not use any automated means (such as a scraper) to access Mindi, the Content, or Services. Unauthorized access includes using credentials to access Mindi. Any attempt by any individual or entity to solicit login information of any other user or Mindi Medical Expert, or to access any such account, is an express and direct violation of these Terms and of applicable law, including relevant privacy and security laws and laws prohibiting unfair or unethical business practices.
We maintain guidelines and a code of conduct for users of Mindi. By using our Services you agree to abide by our Guidelines.
For more details about when and how we can communicate with you, please consult our Privacy Statement.
Mindi provides optional Services and Content that can be accessed for a fee, such as Virtual Consults. Mindi offers a premium Concierge Service that relieves the burden of online forms and account setup and limits your technology use to phone calls. Mindi also offers Mindi's Prime Plan (available 2022), a paid membership plan that includes discounts and enhanced services. We will never ask you for your credit card or other payment information unless you indicate that you would like to use a paid service.
Mindi is a service for individuals to use to support their personal health decisions. You may use Mindi for personal, but not for commercial purposes in accordance with all applicable federal, state and local laws. The Content is licensed only for the personal, household, and educational use of a single individual. No commercial use or commercial redistribution of any Content is permitted. Licensed U.S. doctors and other qualified medical experts may apply to participate on Mindi for educational purposes as Medical Experts, or to provide Virtual Consults. Companies or other organizations may not become registered members or use our Site through individual members, but we do offer enterprise services for organizations.
Mindi has no editorial or clinical control over or responsibility for Content provided by third parties. Any opinions, statements, products, services, or other information expressed or made available by third parties (including Medical Experts) or users on Mindi are those of such third parties or users. Mindi does not have any obligation to monitor such third party Content. We make no representations about the accuracy or reliability of any opinion, statement, or other information provided by any third party, and we do not represent or warrant that your use of the Content displayed or referenced on Mindi will not infringe the rights of third parties not owned by or affiliated with Mindi.
The Site may contain links to other partners, websites, information, software, data, or other content, online or offline ("External Content and Services"). Such External Content and Services and related information are outside of our control. We do not control, endorse, verify the truth or accuracy of, or review content outside of Mindi, and we are not responsible for such content. We do not warrant, nor are we in any way responsible for, information, software, data, or privacy policies related or pertaining to External Content and Services.
When you install our app (available 2022) on your mobile device, you may agree to receive push notifications, which are messages an app sends you on your mobile device when the app is not on. You can turn off notifications by visiting your mobile device's "settings" page.
We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.
Mindi and those acting on our behalf may send you text (SMS) messages to the phone number you provide us. These messages may include operational messages about your use of the Services, as well as marketing messages. If you opt out, you may continue to receive text messages for a short period while Mindi processes your request, and you may also receive text messages confirming the receipt of your opt-out request. Opting out of receiving operational text messages may impact the functionality that the Service provides to you. Text messages may be sent using an automatic telephone dialing system. Your agreement to receive text messages is not a condition of any purchase or use of the Service. Standard messaging, data and other fees may be charged by your carrier.
Your carrier may prohibit or restrict certain mobile features, and certain mobile features may be incompatible with your carrier or mobile device. As applicable, instructions regarding how to opt-out of mobile features will be disclosed in connection with such features (instructions typically require you to text a keyword, such as "STOP," "CANCEL," "UNSUBSCRIBE," to the applicable shortcode for the mobile feature, or to change your profile settings inside the Site).
You agree to notify Mindi of any changes to your mobile number and update your account(s) on the Mindi Platforms. You also understand and agree that by receiving communications, you will be charged by your wireless or internet provider and that such emails, SMS, or mobile telephone notification may be generated by automated systems.
When you use action-oriented features on Mindi (such as subscribing to a health checklist or participating in a Virtual Consult), you agree that Mindi may send you automated content via email, mobile telephone, or other contact information provided by you in your account settings. This content may contain protected health information under HIPAA, including content related to conditions, treatments, and medications. You understand and agree that by using these features, you are expressly opting into receiving your own protected health information by email, SMS/text, or mobile push notifications. These communications from the Site are not encrypted. Although unlikely, it is possible for these communications to be intercepted or accessed without your authorization. By using the Site, you release Mindi from any liability arising from or related to any such interception or unauthorized access.
If you violate any of these Terms of Use, your permission to use the Content and Services automatically terminates and you must immediately destroy any copies you have made of any portion of the Content. (For more information, see Termination. below.)
Email, short message services (SMS), text message communications and mobile push notifications from the Site are not encrypted. You can opt out of receiving email, SMS/text messages, and mobile push notifications. Although unlikely, it is possible for these communications to be intercepted or accessed without your authorization. By using the Site, you release Mindi from any liability arising from or related to any such interception or unauthorized access.
To further our mission of making reliable virtual healthcare available to the public, we accept limited advertising and sponsorship under strict guidelines. Advertisers and sponsors are not permitted to make unsubstantiated health claims or suggest that Mindi endorses any product or service. Mindi does not endorse products or services. Advertisements may be placed on our website or mobile Site adjacent to content related to advertiser or sponsor interest, and also may be presented to users using non-personal data. Mindi does not permit the collection of any personally identifiable information from our site visitors on Mindi web or mobile Site. For more information see below:
Mindi offers select advertising opportunities on our site and on our Site. Advertising and sponsorship revenue are used to support our mission of providing free access to doctor-created health content. Criteria are subject to change without notice. For information, contact: support@mindi.com.
Corporate image advertising or sponsorship, FDA-approved over-the-counter medications, or prescription drugs (excluding Schedule IV drugs), health-related consumer products, fitness products or services, medical products or devices, pharmacies (retail and VIPPS-compliant online).
Alcohol, tobacco products, weapons, healthcare service providers (clinics, hospitals, labs), legal services, pornography, gambling, political ads, religious ads, competitor ads, comparative advertising (including any mention of competitive brand names within an advertisement), pop-ups and floating content, and any ads that enable the collection of personally identifiable information on the Mindi site.
Any paid advertising listings posted on search results may be identified as "Ads by Google" and may be removed if they do not meet our criteria. Some listings may appear that don't meet our ad guidelines because of the way ads are served by Google.
When you use the Site, you do so under a license from us. Subject to your complete and ongoing compliance with these Terms, Mindi grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of our mobile App obtained from a legitimate marketplace on a mobile device that you own or control; and (b) access and use the Content and Services. This means that you may not use the Site for any commercial purpose, that we can take away your right to use the Site, and that you cannot give this license away to someone else. All right, title, and interest in and to the Site, Services, and the Content, together with all related intellectual property rights are the property of Mindi or our affiliates, excluding your rights under applicable law to any information or Content related to Virtual Consults. Rights retained by other parties in the Content are their respective rights. Mindi reserves all rights to the Content not granted expressly in these Terms.
Mindi and other related marks are registered trademarks of Pedernales Falls Management Group LLC. Any other trademark, brand, or content on Mindi that is not the property of Mindi is the property of its respective owner. You agree not to violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property rights. You may not reproduce, create derivative works of, distribute, publicly display the Content (or any portion of it) without our prior written consent. However, you may use App features to repost Content or portions of Content, including through other third party applications and mediums (such as Facebook or Twitter), so long as you do not modify that Content or the functionality of those features. This re-posting right does not create any additional rights in such Content. Additionally, you may not use any metatags or any other "hidden text" utilizing the name "Mindi" without our prior written permission.
Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Site, Services, or Content; (b) make modifications to the Site, Services, or Content; or (c) interfere with or circumvent any feature of the Site, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it. You agree not to access, attempt to access, request access not authorized by the Site or use any App Content or data without our permission. This means that you agree not to transmit, download, upload, post, sell, rent, license, transfer, disclose, mirror, frame, reverse engineer, decompile, disassemble, or use any aspect of the Site or any Content, in whole or in part, in any form or by any means.
If you believe any materials accessible on or from Mindi infringe your valid and enforceable copyright, you may request removal of (or access to) those materials (or access thereto) from us by contacting us and providing us with information pursuant to our DMCA Removal Procedure.
You agree that you will not upload or transmit any communications or content of any type that infringes or violates any rights of any party. The personal information you submit to Mindi is governed by the Privacy Policy (the terms of which govern in the event of any inconsistency with this TOU). You agree that submissions will comply with Mindi's Guidelines. If you are a user, you agree to the User Guidelines. If you are a Medical Expert, you agree to the Provider Terms of Use.
Don't submit anything to us if you don't want to give us rights to it. If you wish to keep any content, business information, ideas, concepts, or inventions private or proprietary, do not submit them on, through, or to Mindi, by email or otherwise. With the exception of any personal data or information you submit (which shall be maintained in accordance with our Privacy Policy) and other information governed by the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 and the rules and regulations promulgated thereunder (as amended to date, "HIPAA"), or other applicable laws, if you make any submissions (by email or otherwise) on, to or through Mindi, including but not limited to media (including photographs), data, questions, comments, suggestions, business information, ideas, concepts or inventions (collectively "Submissions"), you make such submission without any restrictions or expectation of compensation, privacy, or confidentiality. You agree that your Submissions may be used by us without restriction for any purpose whatsoever. By making any a Submission, you grant Mindi a worldwide, non-exclusive, irrevocable, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your Submissions, in whole or in part, in any media formats and through any media channels now known or hereafter developed. This means Mindi has the complete right to freely use, create derivative works from and modify, such Submissions in any way, commercial or otherwise (including developing and marketing products or features using such information), and for any purpose whatsoever and without limitation. Mindi may sublicense its rights.
By making any a Submission, you further agree to indemnify Mindi and its affiliates, directors, officers, Medical Experts, and employees, and to hold them harmless from any and all claims and expenses, including attorneys' fees, arising from your Submissions, or your failure to comply with these Terms.
Mindi does not accept unsolicited recruiter or similar submissions. Any candidate submissions by a recruiter or other third party without a valid and signed recruiting agreement in place with Mindi prior to such submission will not be subject to any recruiter or similar fees.
Your permission to use the Site, Content, and Services ends immediately if you violate any of the terms of this Agreement. We may place limits on, modify, or terminate your right to access and use Site and the Services and/or Content at any time for any reason or no reason, with or without notice. This suspension or termination may delete information, files, and other previously available Content. We also reserve the right to modify or discontinue the Services at any time (including by limiting or discontinuing certain features of the Site), temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Services or any suspension or termination of your access to or use of the Services.
You may terminate your account at any time by emailing our support at support@mindi.com. If you terminate your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the Services.
Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay Mindi any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination, this section, and sections regarding Submissions, ownership, indemnities, disclaimer of warranties, limitations on liability, and the Arbitration Agreement will survive.
THE SITE AND THE CONTENT AND SERVICES ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE, Mindi MEDICAL EXPERTS, NOR ANY OF OUR LICENSORS MAKE ANY EXPRESS WARRANTIES, AND WE AND EACH OF THEM DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER WE, Mindi MEDICAL EXPERTS, NOR ANY OF OUR LICENSORS MAKE ANY WARRANTY THAT CONTENT OR SERVICES SATISFY GOVERNMENT REGULATIONS, INCLUDING THOSE REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS. Mindi AND THE CONTENT AND SERVICES WERE DEVELOPED FOR USE IN THE UNITED STATES, AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION CONCERNING Mindi AND THE CONTENT OR SERVICES WHEN USED IN ANY OTHER COUNTRY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR Mindi, OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITE, WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS.
Specifically, and without limiting the foregoing, we, our licensors, and our suppliers, make no representations or warranties about: (i) the accuracy, reliability, completeness, currentness, or timeliness of the Content provided on or through the use of the App; or (ii) regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with Mindi. Any location data accessed via the Site may be inaccurate or incomplete and any use of such data is at your own risk.
WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER USER, INCLUDING MEDICAL EXPERTS. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR ANY LOSS OF DATA, INCLUDING SUBMISSIONS.
To the fullest extent permitted by law, in no event will Mindi, its licensors, suppliers, or any third parties mentioned on Mindi be liable for any personal injury, including death, attributable to or caused by your use or misuse of Mindi or Content (including Medical Expert Content). Any claims arising in connection with your use of the Site, Services, or any Content must be brought within one (1) year of the first date of the event giving rise to such action. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms. You expressly agree that Medical Experts are third party beneficiaries under these Terms and may enforce the rights hereunder, including Limitation of Liability rights.
NEITHER WE, Mindi MEDICAL EXPERTS, NOR ANY OF OUR LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, EVEN IF THE PARTY KNOWS OR SHOULD KNOW THAT OTHER DAMAGES ARE POSSIBLE, OR THAT DIRECT DAMAGES ARE NOT A SATISFACTORY REMEDY. THESE LIMITATIONS APPLY TO YOU ONLY TO THE EXTENT THEY ARE LAWFUL IN YOUR JURISDICTION. EXCEPT AS PROVIDED IN THE ARBITRATION AGREEMENT BELOW, NEITHER US, THE MEDICAL EXPERTS ON Mindi, NOR ANY OF OUR LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT TO ANY USER FOR ANY CLAIMS (IN AGGREGATE OVER ALL TIME) FOR MORE THAN THE GREATER OF: (I) FEES PAID BY THE USER TO Mindi OVER THE COURSE OF THE SIX
(6) MONTHS IMMEDIATELY PRIOR TO THE INCIDENT GIVING TO THE ALLEGED DAMAGES; OR (II) FOR USERS WHO HAVE NOT SO USED PAID SERVICES, TO ONE HUNDRED DOLLARS ($100).
Informational content on the Site that is created, modified, submitted, or validated by Medical Experts or other healthcare experts (collectively, "Expert Content") is subject to the following additional terms and conditions and agreements by You.
Expert Content is for informational purposes only. For medical advice, treatment, or diagnosis, see your personal doctor or healthcare provider. Mindi is not responsible for Expert Content. The authors or posters of Expert Content ("Posters") are solely responsible for such content. No representations, warranties, or guarantees of any kind are made regarding the Expert Content. Under no circumstances shall any party be liable (to you or to any other person) for any damages or harm (of any type or under any legal theory) resulting from or related to the Expert Content. No party shall have any liability for: (a) any loss or injury caused, in whole or in part, by a Poster's actions, omissions, or negligence, in procuring, compiling, or delivering information within or through Expert Content; (b) any errors, omissions, or inaccuracies in Expert Content (regardless of cause), or delays or interruptions in delivery of such information; or (c) any decision made or action taken or not taken in reliance upon such information. You agree to indemnify and hold the Poster (and the Poster's employer and/or sponsor) harmless from any claim or demand, including attorneys' fees, made by any third party as a result of any violation of law that occurs by you through your use of Expert Content or this Site and/or anything you do using Expert Content, our Site and/or the information contained therein.
IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENT OR MATERIALS ON OUR SITE, OR ANY SERVICES OR INFORMATION AVAILABLE THROUGH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING OUR SITE. THIS LIMITATION APPLIES EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.
The licenses for some of this Content may contain additional terms. When such Content licenses contain additional terms, we will make these terms available to you on those pages or in the Terms of Use. The Site may include code and components licensed under an open source license or such other location specified by Mindi.
These Terms, and the other agreements referenced in it (like our Privacy Policy), are the entire agreement between you and us relating to the Mindi Site. Your use of the Services is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the "Additional Terms"). All Additional Terms are incorporated by this reference into, and made a part of these Terms. These Terms replace any prior agreements unless such prior or subsequent agreement explicitly provides otherwise and specifically references these Terms. If there is any conflict between these Terms and a mutually signed written agreement between you and us related to Mindi, the signed written agreement will control. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent.
If we choose not to enforce any provision of these Terms, we retain the right to enforce it in the future. This means that the failure to enforce any provision of these Terms does not constitute a waiver of that provision. If any provision in these Terms is found to be unenforceable, that provision and any related provisions will be interpreted to best accomplish the unenforceable provision's essential purpose.
This agreement is governed by Texas law. THE EXCLUSIVE VENUE FOR ANY DISPUTE RELATING TO THIS AGREEMENT IS KENDALL COUNTY, TEXAS. YOU AND US CONSENT TO THE PERSONAL JURISDICTION OF THESE COURTS. Nothing in this agreement limits either party's ability to seek equitable relief.
IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENT ON OUR SITE, OR ANY SERVICES OR INFORMATION AVAILABLE ON OR THROUGH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING OUR SITE. THIS LIMITATION APPLIES EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL THEIR ESSENTIAL PURPOSE.
The Site and Services are offered by Mindi located at 22211 W Interstate 10 STE 1206, San Antonio, Texas 78257. You may contact us by sending correspondence to that address or by email to support@mindi.com. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.
Notice Regarding Apple. This section only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and Mindi only, not with Apple Inc. ("Apple"), and Apple is not responsible for the App or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the App. If the App fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the App and/or your possession and use of the App infringe a third party's intellectual property rights. You agree to comply with any applicable third party terms when using the App. Apple and Apple's subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
By using Mindi, including Virtual Consults, you agree to abide by the following guidelines. Any violation may result in limitation, suspension, or termination of your access to our Site.
Mindi's Terms require the use of arbitration to resolve disputes and also limits the remedies available to you in the event of a dispute. Most concerns can be resolved quickly by emailing support@mindi.com. In the unlikely event that we are unable to resolve a legitimate legal complaint, we each agree to resolve those disputes through binding arbitration or small claims instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. We request that you work with us in good faith to resolve any disputes for 30 days after notifying us of such issues before filing arbitration. You understand that any award available under arbitration is subject to the limitations in the Mindi TOUs. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND Mindi ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
First things first: let's try to sort it out. We want to address your concerns without a formal arbitration or case. Before filing a claim against Mindi, you agree to make a good faith effort to try to resolve the dispute informally by emailing support@mindi.com and responding promptly to any related communications. We'll try to resolve the dispute by contacting you via email. If a dispute is not resolved within 30 days of submission, you or Mindi may bring a formal proceeding.
This Arbitration Agreement ("Arbitration Agreement") is a condition of the Terms of Use of Mindi and the Site. The effective date of this agreement is September 1, 2021 (the "Effective Date").
If you reside in the United States or are otherwise subject to the US Federal Arbitration Act, you agree that any and all disputes or claims that have arisen or may arise between us - except as set forth below ("Exceptions") - shall be resolved exclusively through final and binding arbitration, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Any arbitration proceedings shall be conducted by the American Arbitration Association ("AAA") under its rules and procedures applicable at that time, including the AAA's Supplementary Procedures for Consumer-Related Disputes (to the extent applicable), as modified by our Arbitration Agreement. You may review those rules and procedures, and obtain a form for initiating arbitration proceedings at the AAA's website. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Mindi. The arbitration shall be held in Kendall County, Texas or at another mutually agreed location. If the reasonable value of the relief sought is US$1,000 or less, either of us may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on us subject to the arbitrator's discretion to require an in-person hearing. Attendance at an in-person hearing may be made by telephone by you and/or us, unless the arbitrator requires otherwise.
Notwithstanding the foregoing, nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Mindi should be addressed to: General Counsel, Mindi, 22211 W Interstate 10 STE 1206, San Antonio, TX 78257 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought and the specific applicable legal basis for the requested relief ("Demand"). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Mindi may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or Mindi must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Mindi users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction over the parties, except for a limited right of appeal under the Federal Arbitration Act.
If you do not wish to resolve disputes by binding arbitration, you may opt out of this Arbitration Agreement within 30 days after the date that you agree to the Terms by sending a letter to General Counsel, Mindi, 22211 W Interstate 10 STE 1206, San Antonio, TX 78257 that specifies: your full legal name, the email address associated with your account of the Service, and a statement that you wish to opt out of arbitration ("Opt-Out Notice"). Once Mindi receives your Opt-Out Notice, this Arbitration Agreement will be void and any action arising out of the Terms will be resolved under the governing law and jurisdiction set forth in the Terms. The remaining provisions of the Terms will not be affected by your Opt-Out Notice.
The AAA rules will govern the payment of all filing, administration and arbitrator fees, unless our Arbitration Agreement expressly provides otherwise. If the amount of any claim in an arbitration is US$1,000 or less, Mindi will pay all arbitrator fees associated with the arbitration, so long as: (a) you make a written request for such payment of fees and submit it to the AAA with your Demand for Arbitration; and (b) your claim is not determined by the arbitrator to be frivolous or without merit under Mindi's Terms of Use or otherwise ("Frivolous Claims"). In such case, we will make arrangements to pay all necessary fees directly to the AAA. If the amount of the claim exceeds US$1,000 and you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Mindi will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If the arbitrator determines the claim(s) you assert in the arbitration are Frivolous Claims, you agree to reimburse Mindi for all fees associated with the arbitration paid by Mindi. Mindi's obligations to pay these fees shall be made after a preliminary determination that the claims are not barred or limited by the Mindi Terms of Use. Bared or limited claims constitute Frivolous Claims.
YOU AND Mindi AGREE, AS PART OF THE ARBITRATION AGREEMENT, THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. WE REFER TO THIS AS THE "PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS". UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN YOUR OR OUR CLAIM WITH ANOTHER PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY ONLY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER Mindi USERS.
Except with respect to the Prohibition of Class and Representative Actions, if a court decides that any part of this Arbitration Agreement is invalid or unenforceable, the other parts of this Arbitration Agreement shall continue to apply. If a court decides that the Prohibition of Class and Representative Actions is invalid or unenforceable, then the entire Arbitration Agreement shall be null and void.
If Mindi makes any future change to this Arbitration Agreement, other than a change to Mindi's Notice Address, you may reject the change by sending us written notice within 30 days of the change to the Notice Address, in which case your account with Mindi will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
You agree that regardless of any statute or law to the contrary or the applicable dispute resolution process, any claim or cause of action you may have arising out of or related to use of the Service or otherwise under these must be filed within three (3) months after such claim or cause of action arose or you hereby agree to be forever barred from bringing such claims.
THE FOLLOWING TERMS APPLY TO YOUR USE OF VIRTUAL CONSULTS PERFORMED BY VIDEO, AUDIO (VOICE), OR TEXT CHAT, OR BY ASYNCHRONOUS TEXT INBOX CONSULTS (COLLECTIVELY, "VIRTUAL CONSULTS"). BY USING VIRTUAL CONSULTS, YOU REPRESENT THAT YOU UNDERSTAND AND AGREE TO ALL OF THE FOLLOWING IN ADDITION TO OUR BASIC TERMS OF USE.
You have all the following rights with respect to Virtual Consults:
