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Terms of Use Agreement

Read This Terms of Use Agreement Before Accessing Website

Effective date: This Terms of Use Agreement was last updated on March 7, 2019

 

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 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.

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.

 

 

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