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Home >Privacy Policy
MindWise Innovations

 

Privacy Policy and Terms of Use Agreement

Read This Privacy Policy and Terms of Use Agreement Before Accessing the Services.

 

Privacy Policy

Effective Date: This Privacy Policy Agreement was last updated in March 2024.

This Privacy Policy constitutes a binding legal agreement between you and MindWise Innovations, a service of Riverside Community Care, Inc. (“MindWise,” “we,” “us,” “our”), governing your access to and use of the website located at https://www.mindwise.org/and the screening programs, features and functionalities available therein and any other services, products or features that include a link to this Privacy Policy (collectively, the “Services”).  This Privacy Policy describes how we collect, use, and disclose information from and about you in connection with the Services.

Please read this Privacy Policy carefully.  By accessing and using the Services, you acknowledge and agree that you have read, understood and agree to be bound by this Privacy Policy.  If you do not agree to the terms of this Privacy Policy, you should immediately cease all use of the Services.

We collect some information on behalf of our clients to provide them with our Services. That information is subject to our contracts with our clients and not to this Privacy Policy. If you have questions or want more information about information processed on behalf of a client, please contact the relevant client.

 

  1. Information We Collect

We collect information from and about you (a) that you provide to us, (b) automatically through cookies and other similar technologies, and (c) from other sources. The information we collect may vary depending on how you interact with us and the Services.

a. Information you provide to us

We collect information that you provide when you interact with us and the Services, including but not limited to information you provide when you sign up for an account, use the Services, fill out a webform on the Services, or communicate or interact with us via email, phone, mail, chatbot, social media, in person, or otherwise. The information we collect includes:

  • Contact information, such as your name, email address, phone number, and the name and type of organization you work for.
  • Account information, such as username and password.
  • Demographic information, such as age, gender and marital status.
  • Financial and transactional information, such as the last four digits of your payment card (a third-party payment processor, not us, collects full payment information).
  • Any other information that you choose to provide to us via email, webform, the phone, or in any other way.

We do not collect information that identifies individuals who take screenings that we offer as part of the Services. We collect the responses to screening questionnaires and a number that identifies the information as pertaining to a screening, but we cannot link that information to a specific individual. Please note that we do not collect any “protected health information” as defined under the Health Insurance Portability and Accountability Act (“HIPAA”).

b. Information collected automatically

When you use the Services, we and our vendors may collect certain information about you automatically using cookies and other similar technologies. Cookies are small text files placed on your device or browser that perform a variety of functions, including enabling the Services to function, recognizing your device or browser, remembering your preferences, improving your experience of the Services, and improving our advertising and analytics. Cookies and similar technologies may collect information about your device, browser, and use of the Services, such as your IP address, device identifiers and online identifiers (such as cookie IDs and mobile advertising ID); information about your web browser (such as language and preferences), operating system (such as version), and device (such as model and manufacturer); and information about your activity on our Services (such as pages you visit, links you click, and the webpages you visit before and after visiting the Services). For more information about our use of cookies and other similar technologies, see Section 4 below.

c. Information from other sources

We may collect information about you from other sources, including your employer (if you are participating in our learning programs). We may also collect information about you via our social media pages and accounts on platforms such as LinkedIn and X (formerly known as Twitter). For example, if you follow us or like, comment on, or share our posts, we may collect information about these interactions.

 

  1. How We Use Information

We may use the information we collect for various purposes, depending on the type of information and the Services you use, including:

  • To provide the Services, including to register you for an account.
  • To communicate with you, including for customer support and to respond to inquiries.
  • To facilitate donations.
  • To analyze usage of the Services.
  • To provide our sponsors with aggregated reports about Services users (as discussed below).
  • To improve the Services and to develop new products and services.
  • To advertise and market MindWise and the Services.
  • To ensure the security of and debug the Services, prevent fraud, and protect the rights, safety, or property of MindWise and our Services, our personnel, and any third parties.
  • To comply with applicable law and legal process, to enforce and defend our legal rights, and to seek legal advice.
  • To enforce our agreements.
  • For any other purpose (where required, with your consent).

We may combine information that we collect from and about you (including automatically collected information) with information that we obtain about you from third parties and use such combined information in accordance with this Privacy Policy.

We may aggregate, de-identify, and/or anonymize any information collected through the Services so that such information is not reasonably able to identify you. We may use and disclose aggregated, de-identified, and/or anonymized information for any purpose and to any third party, at our discretion. In particular, we provide our sponsors with general, aggregated reports about Services users so that our sponsors can better understand and meet the needs of their constituents.

The laws in some jurisdictions require us to tell you about the legal grounds we rely on to process your information. Our legal bases for processing your information as described in this Privacy Policy are as follows:

  • Where use of your information is necessary to perform our obligations under a contract or commitment to you. For example, to provide the services you’ve requested from us, or to comply with our legal terms and policies.
  • Where use of your information furthers our legitimate interests or the legitimate interests of others. For example, to operate and provide security for the Services, facilitate our programs, receive payments, defend our legal rights, and prevent fraud.
  • Where we use your information to comply with applicable legal obligations. For example, keeping track of your donations for tax and auditing purposes.
  • Where you have consented to our processing of your information for a particular purpose.

 

  1. How We Disclose Information

We may disclose the information we collect to the following types of entities or in the following circumstances, where applicable:

  • Internally, among our personnel, to carry out the purposes described in this Privacy Policy.
  • Vendors that provide us with services that help us run MindWise and provide the Services, including payment and donation processing, security, information technology (e.g., web hosting, software, and data storage), analytics, marketing and advertising, communications (e.g., email and chatbot), and legal services.
  • Legal compliance and exercising legal rights, such as when required to do so by law or in a good faith belief that such disclosure is reasonably necessary to: (a) comply with the law or legal process (for example, a subpoena or court order); (b) enforce our legal terms, including this Privacy Policy, or other contracts with you; (c) respond to legal claims involving us; or (d) protect the rights, property, or personal safety of MindWise, our personnel, or others.
  • Organizational transfers, such as if we participate in a merger, acquisition, bankruptcy proceedings, or other transfer or reorganization of assets, including in contemplation thereof. In these cases, your information may be among the transferred assets. If a portion or all of our assets are transferred to a third party in these circumstances, we may disclose your information as part of the transfer.
  • Consent: with your consent and as permitted by law, we may disclose personal information to any other third parties in any other circumstances.

 

  1. Online Analytics and Advertising

We use tracking and analytics services such as Google Analytics to track and analyze how visitors use our Services. Google’s right to use and disclose information collected by Google Analytics about your visits to the Services is governed by the Google Analytics Terms of Service and the Google Privacy Policy. In addition, we work with agencies, ad networks, and other advertising companies to place ads for our products on other websites and services. For example, we place ads through Google, Facebook, LinkedIn and others that you may view on their platforms as well as on other websites and services.

As part of this process, we may incorporate tracking technologies (including cookies and pixel tags) on our Services in order to provide you with tailored advertisements across the Internet. These tracking technologies may collect information about your activity across time and services (including on our Services and other websites such as web pages you visit and your interaction with our advertising and other communications) and use this information to make predictions about your preferences, develop personalized content, compile reports and deliver ads that are more relevant to you on other websites (“Interest-based Advertising”). This information may also be used to evaluate the effectiveness of our online advertising campaigns.

We also use audience matching services to reach people (or people similar to people) who have visited our Services or are identified in one or more of our databases (“Matched Ads”) by us uploading a customer list to a technology service or incorporating a pixel from a technology service into our own Services, and the technology service matching common factors between our data and their data. For instance, we incorporate the Facebook pixel on our Services and may share your email address with Facebook as part of our use of Facebook Custom Audiences.

For further information on the types of tracking technologies we use on the Services and your rights and choices regarding analytics, Interest-based Advertising, and Matched Ads, please see the “Information Collected Automatically” and “Your Rights and Choices” sections of this Privacy Policy.

 

  1. Your Rights and Choices

a. Your rights

The laws of your jurisdiction may grant you the right to request some or all of the following from us:

  • Access to, or a copy of, your information that we process
  • Confirmation that we are processing your information
  • Correction or amendment of your information
  • Deletion of your information
  • Transfer of your information to a third party
  • Restriction or objection to certain uses of your information

If you have provided consent for us to use your information for a specific purpose, you may also request to withdraw that consent. You may also have the right to lodge a complaint with the competent data protection authority of your jurisdiction, but before doing so, we encourage you to contact us so we can do our best to resolve any concerns.

You can exercise the rights listed above at any time by emailing us at the address in the “Contact Us” section below. We reserve the right not to respond to requests that we are not legally required to respond to, such as if you seek to exercise a right not provided to you by the laws of your jurisdiction. We may ask you to provide us with information necessary to reasonably verify your identity before responding to your request. These rights are subject to certain exemptions (e.g., we may deny a deletion request where we are required to keep information for legal purposes, or where deleting it would interfere with freedom of expression).

b. Marketing communications

You may opt out of marketing emails from us by clicking the “unsubscribe” link at the bottom of the emails. Please note that if you opt out of marketing emails, we may still send you service-related communications such as an email informing you about Services that you signed up for, a donation you made, or a notice of changes to our legal terms, including this Privacy Policy.

c. Cookie choices

Most browsers accept cookies by default. You can instruct your browser, by changing its settings, to decline or delete non-essential cookies. If you use multiple browsers on your device, you will need to instruct each browser separately. Your ability to limit cookies is subject to your browser settings and limitations. If you disable or remove tracking technologies some parts of the Site may not function correctly.

Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Because there is no industry consensus as to what website operators should do with regard to these signals, we do not take action with respect to “Do Not Track” signals or other mechanisms, except as otherwise provided herein. For more information on “Do Not Track,” visit http://www.allaboutdnt.com.

d. Online analytics and targeted advertising choices

You can opt out of the processing of certain data collected by Google Analytics, by downloading and installing the browser plug-in available at https://tools.google.com/dlpage/gaoptout. For Interest-Based Advertising, in addition to the opt outs described above, some of the companies we work with to provide you with Interest-Based Advertising are required by us to give you the choice to opt out of receiving Interest-Based Advertising. Most of these companies are participants of the Digital Advertising Alliance (“DAA”) and/or the Network Advertising Initiative (“NAI”). For more information about Interest-Based Advertising and to understand your options, including how you can opt-out of receiving such advertising from participating companies, please visit the DAA website opt-out at http://www.aboutads.info/choices , or the NAI opt-out at https://www.networkadvertising.org/choices/ . Even if you opt out of Interest-Based Advertising by a participant, tracking technologies used on the Services may still collect data for other purposes including analytics. You may still see ads from us, but the ads from the participants with whom you opted out will not be tailored based on behavioral information about you and may therefore be less relevant to you and your interests.

Please note that your opt-out only applies to the specific web browser you use, so you must opt out of each web browser on each device you use. To successfully opt out, you must have cookies enabled in your web browser (see your browser’s instructions for information on cookies and how to enable them). Once you opt out, if you delete your browser’s saved cookies, you will need to opt out again.

To opt out of us using your data for Matched Ads, you may submit a request [via email]. We will request that the applicable technology service not serve you Matched Ads based on information we provide to it. Alternatively, you may directly contact the applicable technology service to opt out.

We are not responsible for the effectiveness of, or compliance with, any third-party opt out options or programs, or the accuracy of any company’s statements regarding their opt-out options or programs.

e. California “Shine the Light” disclosure

The California “Shine the Light” law gives residents of California the right under certain circumstances to opt out of the disclosure of certain categories of “personal information” (as defined in the Shine the Light law) to third parties for their direct marketing purposes. We do not disclose personal information to third parties for their direct marketing purposes.

 

  1. Security

We have implemented a variety of physical, technical, and organizational security measures ==designed to secure your information. While we take efforts to protect the integrity and security of our network and systems, no security measures are perfect, and we cannot guarantee that our security measures will work perfectly.

 

  1. Retention

We retain information until we determine it is no longer necessary to satisfy the purposes for which it was collected and our legal obligations. We determine retention periods by evaluating our legal obligations and our legitimate business interests (such as backing up systems and maintaining security).

 

  1. Third-Party Websites

Occasionally, at our discretion, we may link to third-party products or services on our Services. We have no responsibility or liability for the content, activities and information collection and use practices of any third-party websites to which we link. Any information you provide to a third party is governed by that third party’s policies, including their privacy policy, and is not governed by this Privacy Policy. We encourage you to carefully review the privacy policies of any third-party websites you visit.

 

  1. Children’s Privacy

The Services are not designed for use by children under the age of 13, and MindWise does not knowingly collect “personal information” (as defined in the Children’s Online Privacy Protection Act or other applicable law) from anyone under the age of 13. As noted above, when we collect information via screeners administered to students, such information does not identify individual students. If you are a parent or guardian and believe that your child disclosed information to us in a way that is prohibited by applicable children’s privacy laws, please contact us using the contact information below.

 

  1. Supplemental Notice for Users Outside the United States

Please note that we are located in the United States. If you are located outside of the U.S., please be aware that we process and store your information in the U.S. Your information will be protected subject to this Privacy Policy and U.S. laws, which may not be as protective as the data protection laws in your jurisdiction. Consistent with U.S law, we may be required to disclose your information in response to lawful requests by U.S. public authorities, including pursuant to law enforcement or national security requirements.

 

  1. Changes to This Privacy Policy

We reserve the right, at any time, to revise, amend, modify or delete portions of this Privacy Policy without prior notice, to the extent permitted by applicable law. Modifications shall become effective immediately upon being posted on the Services. Your continued use of the Services after amendments are posted constitutes your acknowledgement and acceptance of the amended Privacy Policy.

 

  1. Contact Us

If you have any questions or comments about this Privacy Policy, please contact our privacy coordinator via e-mail at info@mindwise.org or on the telephone at 781-239-0071.

 

 

Terms of Use Agreement

Read This Terms of Use Agreement Before Accessing Website

Effective date: This Terms of Use Agreement was last updated in March 2024

This Terms of Use Agreement (this “Agreement”) constitutes a binding legal agreement between you and MindWise Innovations, a service of Riverside Community Care, Inc. (“MindWise”), governing your access to and use of the website and Content (as defined below) located at https://www.mindwise.org/ (the “Site”).

Please read this Agreement carefully.  By accessing and using the Site, you acknowledge and agree that you have read, understood and agree to be bound by this Agreement without limitation or qualification and that you shall comply with all applicable laws, rules and regulations.  If you do not agree to be bound by this Agreement, you should immediately cease all usage of the Site.

 

  1. Description of the Site

MindWise is a non-profit organization that provides evidence-based content and educational screening programs for certain mental health conditions.  The Site does not provide nor endorse medical advice and is not intended to be a substitute for professional advice, diagnosis, or treatment. The contents of the Site are for general informational purposes only.  The medical information on our Site is provided without any representations or warranties, express or implied.  Without limiting the foregoing, we do not represent or warrant that such medical information will be constantly available or available at all or will be true, accurate, complete, current or non-misleading. For an accurate diagnosis of a mental health disorder, you should seek an evaluation from a qualified mental health professional.

Regarding the screening program, by clicking on a screen, you acknowledge and agree that the screen is not a diagnostic instrument and is only to be used by you if you are 18 years or older. MindWise and its affiliates and its and their employees, consultants and agents shall not be liable for any claims or damages, and expressly disclaim all liability, loss, or risk of any nature, for any action or non-action taken as a result of the information generated by the Site and as a consequence, directly or indirectly, from the use and application of these screens.

If you feel you’re experiencing a potentially life-threatening problem, please call 911 or the Suicide Prevention Lifeline at 1-800-273-TALK(8255).

The screening tools on the Site are not intended to be used by, and should not be completed by, individuals under 18 years of age. If you are under 18 and are interested in learning more about mental health services, we encourage you to talk to your parents or guardians about seeing a physician or qualified mental health professional for a complete evaluation.

 

  1. Accessing and Using the Site; Restrictions on Use

Subject to your ongoing compliance with this Agreement, MindWise hereby grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, freely revocable license to access and use the Site solely for your personal, non-commercial and lawful purposes.

Your use of the Site, including all features and functionalities associated therewith, shall be in accordance with all applicable laws, rules and regulations, or other restrictions on use of the Site or its Content. You shall comply with this Agreement and shall not: (i) archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works of, offer for sale, or use, any Content or information contained in or obtained from or through the Site; (ii) delete the copyright or other proprietary rights notices from the Site or any Content; (iii) circumvent, remove, alter, deactivate, degrade or thwart any of the Content or other protections enabled on the Site; (iv) use any robot, spider, scraper or other automated means to access the Site; (v) decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site; (vi) insert any code or product or manipulate the Site in any way; (vii) use any data mining, data gathering or extraction method; (viii) upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Site, including any software viruses or any other computer code, files or programs; (ix) remove, modify, disable, block, impair, or obscure any advertising in connection with the Site; or (x) use or encourage the use of the Site for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy.

MindWise shall have the right to alter, suspend or discontinue the Site or your access to or use of the Site at any time for any reason without notice or liability to you or any third party. The Site may become unavailable due to maintenance or malfunction of computer equipment or for other reasons and may result in damages to your systems, software, data or operations for which MindWise shall not assume any liability.

Further, MindWise does not grant you permission, by implication, estoppel or otherwise, to state or suggest that MindWise promotes or endorses any third party’s political views, ideas, causes, products or services. All other rights are hereby expressly reserved.

 

  1. Privacy and Data Protection

The MindWise Privacy Policy, which is available on our Site, governs any information you submit via the Site and is incorporated by reference into this Agreement. All other policies posted by MindWise are also incorporated into this Agreement by reference. Each reference to this Agreement herein includes reference to the Privacy Policy and all other policies posted on the Site. You shall comply with these policies when accessing or using the Site.

 

  1. Your Account

MindWise may make certain services available to you that enable or may require you to register an account (an “Account”). Registering an Account requires you to provide MindWise with information about yourself. When you register an Account, you shall provide true, accurate and complete information. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your Account. By registering for an Account, you confirm that you are 18 years or older. MindWise reserves the right, in its sole discretion, to suspend or terminate your Account at any time for any reason.

You agree to maintain control over your Account and to neither share the credentials of your Account nor access the Site with the credentials of another person’s Account. For the sake of clarity, an Account is owned by the person or entity whose payment information is on file with MindWise. You are responsible for maintaining the confidentiality of any password you create for your Account. If you determine, or have reason to believe, that an unauthorized party has gained access to your password, you shall immediately notify MindWise. Use of the password, whether or not authorized by you, shall be your sole responsibility and risk.

You agree that we may send you information relating to your Account (e.g., payment authorizations, invoices, changes in password or payment method, confirmation messages or other notices) in electronic form, for example via e-mail to the e-mail address you provide during registration.

To find more information about our products and services and their features or if you need assistance with your Account, Please visit the MindWise Customer Support page of our Site.

 

  1. Orders and Billing

MindWise accepts payments through the Site by credit card. All pricing is in U.S. Dollars, and MindWise accepts payment in U.S. Dollars only. In the event of failed payment processing with respect to any purchase through the Site, you agree to allow MindWise to continue to attempt to complete payment processing on your Account. If processing payment is unsuccessful, MindWise reserves the right to cancel your order and suspend your Account.

Your total price shall include the listed price, including any applicable sales tax, goods and services or value added tax. Such state and local sales tax shall be determined based on your shipping address and the sales tax rate in effect at the time you purchase the product. We shall charge tax only in states and other territories where goods and services sold over the Internet are taxable. In certain territories outside the United States, a customs duty may be due, payment of which you agree shall be your responsibility. You acknowledge that certain payment methods may have foreign transaction and/or currency fees, and that such fees shall be your sole responsibility.

MindWise cannot and does not guarantee the accuracy or completeness of the Site or the information available thereon. You understand that any information on the Site may contain errors, including but not limited to pricing, typographical errors, technical inaccuracies, and other errors, which MindWise reserves the right to correct without liability. MindWise does not guarantee that any particular product or service will be available or as described, and it expressly reserves the right to make substitutions or omissions at its discretion. In the event that any product or service available for purchase on the Site is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, MindWise shall have the right to refuse or cancel any orders placed for such incorrectly listed products. MindWise shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, MindWise shall immediately issue a credit to your credit card account in the amount of the charge.

 

  1. Disclaimer of Warranties

THE SITE, INCLUDING ALL CONTENT THEREIN, IS PROVIDED BY MINDWISE ON AN “AS IS” AND AN “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. To the fullest extent permitted by applicable law, MindWise disclaims all representations and warranties, express, implied, statutory or otherwise, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.  Specifically, but without limitation, MindWise does not represent or warrant that: (i) the Content, information or results on or provided through the Site are correct, accurate, or reliable; (ii) access to and use of the Site shall be uninterrupted or error-free; or (iii) the Site or the server that makes it available is free of viruses or other harmful components or defects or that defects shall be corrected.

 

  1. Limitation of Liability

YOUR USE OF AND ACCESS TO THE SITE AND ANY CONTENT IS AT YOUR OWN RISK. IN NO EVENT SHALL MINDWISE OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS (THE “MINDWISE PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS TO OR USE OF THE SITE, ANY DELAY IN OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF THE MINDWISE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD.

NOTWITHSTANDING THE FOREGOING, IF FOR ANY REASON ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY IS HELD UNENFORCEABLE, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE MINDWISE PARTIES, UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS TO OR USE OF THE SITE, ANY DELAY IN OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, CONTENT, SOFTWARE, PRODUCTS AND SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE FIFTY U.S. DOLLARS ($50.00).

YOU ACKNOWLEDGE THAT, ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, MINDWISE WOULD NOT ALLOW YOU TO ACCESS OR USE THE SITE.

SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY.

 

  1. Indemnification

You shall indemnify and hold harmless the MindWise Parties from and against any and all claims, actions, suits, losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of: (i) your access to or use of the Site; (ii) your actual or alleged breach of this Agreement; or (iii) any infringement by you or any other user of the Site using your computer of any intellectual property or any other right of any person or entity.  You shall cooperate as fully as reasonably required in the defense of any such claim. MindWise reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

 

  1. Modifications and Interruption to Services

MindWise reserves the right to modify or discontinue the Site and its Content with or without notice to you. MindWise shall not be liable to you or any third party should MindWise exercise its right to modify or discontinue the Site or its Content. You acknowledge and agree that MindWise does not guarantee continuous, uninterrupted or secure access to the Site and operation of our Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

 

  1. Third-Party Sites

Our Site may include links to other websites on the Internet that are owned and operated by online merchants and other third parties. In addition, you may encounter third-party applications, including, without limitation, websites, widgets, software or software utilities, that interact with the Site. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party website or application. The selection or omission of links is not intended to endorse any particular companies, products or services. If you decide to access any of the third-party websites or applications linked to the Site, you do so entirely at your own risk. You should contact the website administrator or webmaster for those third-party websites or applications if you have any concerns regarding such links or the content located on such websites or within such application. Your use of third-party websites and applications may be subject to third-party terms of use, privacy policies and license terms, which we encourage all users to review.

 

  1. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to its choice of law rules. Any action, claim or proceeding arising out of or relating to the Site or this Agreement shall be brought in the appropriate court located in Boston, Massachusetts. You hereby consent to the exclusive jurisdiction of such court in any such action, claim or proceeding and submit yourself to such jurisdiction.

 

  1. Compliance with Laws

You assume all knowledge of applicable law and is responsible for compliance with any such laws. You shall not use the Site or its Content in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

 

  1. Copyright and Trademark Information

All content included or available on the Site, including, but not limited to, all screening programs, text, graphics, videos, audio recordings, software, algorithms, artwork, interfaces, photographs, logos, icons, and images and the selection and arrangement thereof along with any enhancements to or derivative works thereto, and the features and functionality of the Site (collectively “Content”) is the exclusive property of MindWise or its licensors and is protected by U.S. and international laws. Any use of materials on the Site, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of MindWise is strictly prohibited. You shall not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein.

MINDWISE™ is a proprietary service mark of Riverside Community Care, Inc. MindWise’s marks shall not be used in connection with any products or services that are not provided by MindWise, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MindWise. Other trademarks displayed on our Site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation.

 

  1. Amendment

We reserve the right, at any time, to revise, amend, modify or delete portions of this Agreement without prior notice. Modifications shall become effective immediately upon being posted on the Site. Your continued use of the Site after amendments are posted constitutes your acknowledgement and acceptance of the Agreement and its revisions, amendments, modifications or deletions.

 

  1. Other Terms

If any provision of this Agreement shall be held to be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. MindWise shall have the right to freely assign this Agreement and any other agreements referenced herein in its sole discretion for any purpose. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between you and MindWise in relation to your access to and use of the Site and its Content.