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MINDBAR

TERMS OF USE AGREEMENT

Effective Date: June 2, 2022 

The Mind-Bar.Com website, its associated integrated mobile and web-based applications, Services, and content (collectively “Platform”) is owned and operated by MindBar LLC (“MindBar”, “our”, “us”, “we”), a Texas professional limited liability company with its principal place of business in Austin, Texas. MindBar has adopted this Terms of Use Agreement (“Agreement”) to inform you (“User(s)”) of your rights and duties when using the Platform. If you do not agree with the terms and conditions of this Agreement, you are expressly prohibited from using the Platform and must discontinue your use immediately. 

Please read this agreement carefully before accessing or using the Platform and associated Services. By accessing or using the Platform, you agree to be bound by the terms and conditions of this Agreement. 

MINDBAR MAY, FROM TIME TO TIME, AND RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE PLATFORM OR THIS AGREEMENT. IN THE EVENT MINDBAR MODIFIES, LIMITS, CHANGES, OR REPLACES THE PLATFORM OR THIS AGREEMENT, YOUR USE OF THE PLATFORM AFTER SAID MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT. 

Definitions

As used in this Agreement: 

  • “Account” means either: A Member’s account through which they can access Services or a Teacher’s account through which they can provide Services. 
  • “Services” means any online peer-support group, guided meditation, visualization, book club, classes, and/or pre-recorded content offered through the MindBar Platform. 
  • “Membership” means the monthly or annual subscription that Member’s enroll in to access the Services. 
  • “Member(s)” mean individuals that have enrolled into a paid subscription membership with MindBar. 
  • “Teachers” means individuals who provide Services through the MindBar Platform.
  • “User(s)” means all individuals that visit/access the Platform, including Members and Teachers.
  • “You / Your / You’re” means Users. 

If You Need Immediate Help

IF YOU ARE THINKING ABOUT SUICIDE OR SELF-HARM, OR IF YOU FEEL YOU ARE IN ANY TYPE OF DANGER, PLEASE DIAL 911 AND SEEK IMMEDIATE HELP. 

A list of specific crisis hotline phone numbers is available here. 

No Medical Advice

MindBar’s Platform and Services does not offer medical advice. The Services and other information featured on the Platform are not intended to be a substitute for medical advice, diagnosis, and/or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you read on this Platform. 

No Therapy

MindBar’s Platform and Services are not considered therapy or counseling and are not a substitute for individual psychotherapy, formal group therapy, and/or medical treatment for mental illness. MindBar Teachers are not required to be licensed behavioral health professionals. The MindBar Platform and Services are intended to be educational and promote holistic wellness by teaching new skills and tools for managing everyday life: work, relationships, health, self-care, etc. 

MindBar Teachers

MindBar Services are delivered by Teachers, who may or may not be licensed behavioral health professionals. MindBar Teacher profiles (available at www.mind-bar.com/Teachers) will indicate each MindBar Teacher’s type of licensure, if applicable, and provide a brief biography and link to the Teacher’s own professional website. MindBar Teachers are independent contractors and are not employees, agents, and/or representatives of MindBar. MindBar Teachers are subject to a separate independent contractor agreement in addition to this Agreement. MindBar performs background checks on all Teachers prior to allowing them to perform Services. 

MindBar Teachers are strictly prohibited from providing therapy, counseling, or advising on mental health diagnoses and/or medical treatment while providing the Services. MindBar Teachers cannot provide official documentation of treatment for any purposes whatsoever, including, but not limited to, court-ordered counseling or support for disability accommodations. 

MindBar Teachers who are licensed behavioral health professionals may provide therapy services to Members outside of the MindBar Platform. It is the sole choice of the Member whether to engage with a MindBar Teacher in that Teacher’s capacity as an individual provider. MindBar does not benefit financially or in any other way from Members electing to engage in services with MindBar Teachers outside the Platform or with other outside professionals. Any and all services provided by MindBar Teachers to Members outside the MindBar Platform are outside the scope of this Agreement. MindBar is not liable or responsible for any services rendered outside the MindBar Platform. 

Warranties and Representations

You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. You warrant that you are a human individual that is eighteen (18) years of age or older. You warrant that you are not prohibited from assenting to this Agreement by any pre-existing Agreement. 

You warrant and represent that any and all information that you provide to MindBar and the Platform is accurate and valid. You agree to comply in good faith with the terms of this Agreement. 

You will not use the Platform in any way that violates the rights of third parties, and you agree to comply with any and all applicable local, national, state, provincial, and international laws, treaties, and regulations. Given the global nature of the Internet, you agree to comply with all laws and rules where you reside or where you use the Platform. The Platform is operated in the United States and MindBar makes no representation that its Platform or services or products are appropriate, lawful, or available for use in other locations. 

Ownership of Platform and License 

You acknowledge and agree that MindBar is the owner of, or has rights in and to, the Platform and its associated content, including but not limited to all intellectual property rights. The Platform is protected by all applicable laws and you are expressly prohibited from using the Platform for any purposes not explicitly stated in this Agreement. 

MindBar hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the Platform for its customary and intended purposes. Violation of the terms of this Agreement or use of the Platform for a use outside of its customary and intended purposes, such as, but not limited to downloading (other than page caching) or modifying the Platform or any portion of it will result in the termination of this license. The license is revocable at any time, and any rights not expressly granted in this Agreement are reserved to MindBar. 

Intellectual Property

All trademarks (common law or registered) and copyrights (common law or registered) displayed on this Platform are the property of their respective owners. Specifically, all online courses, photographs, and other content featured on the Platform are copyrighted and owned by MindBar, unless otherwise stated. All MindBar marks are the property of MindBar, including, but not limited to, MINDBAR and all MindBar logos. The Platform, including its look and feel, color selections, layout, and arrangement, is the trade dress of MindBar. You are prohibited from using MindBar’s trademarks, service marks, and trade dress, or any colorable imitation of the same, to indicate any source of sponsorship, approval, affiliation, connection, or association with your goods or services without the prior written consent of MindBar. 

Platform Use & Account

Visiting and using the MindBar website is free. To access the MindBar Services, Members must enter into a paid Membership. Teachers are given access to the Platform for free as part of their independent contractor relationship. Members and Teachers may create an Account through the MindBar Platform. 

When contacting MindBar; registering for a Membership or Services; or creating an Account through the Platform, you are agreeing to receive email notifications from MindBar and other third-parties. The email notifications from MindBar contain an unsubscribe feature that allows you to “opt out” from future notifications. Please see the Platform’s Privacy Policy, which is incorporated into this Agreement by reference, regarding the collection and use of this and other information about you. User information will be used consistent with the Privacy Policy. MindBar does not endorse you or discriminate based upon any information provided by you or made available through the Platform. 

You have a duty to ensure that the information provided through the Platform and within your Account is truthful, current, complete, and accurate. You understand and agree that you have an ongoing duty to update and keep current the information provided through the Platform if and when that information changes. You are expressly prohibited from providing information that in a way impersonates another person, contains offensive or obscene language, or otherwise violates the rights of a third party. You expressly agree that you will not interfere with or disrupt a third party’s enjoyment and use of the Platform. MindBar reserves the right to restrict access to, monitor, suspend, disable, or delete Users’ information at any time, in its sole discretion, and without prior warning. You agree to hold harmless and indemnify MindBar for any damages that arise out of or in relation to the use of the Platform. 

Users agree to keep their Account secure from unauthorized access. Users will login to their Account using an e-mail and password. Users should not reveal their passwords to others. Users agree that they alone are responsible for their Account and all associated activities. Users accept full responsibility for any and all use of their Account, whether authorized or unauthorized. In the case of unauthorized access to a User’s Account, you agree to contact MindBar immediately. Users agree to hold harmless and indemnify MindBar for any damages that arise out of or in relationship to the use of their Account. 

Users may delete their Account by contacting MindBar at member-services@mind-bar.com and providing their full name and email address. If a User requests deletion of their Account, MindBar is under no obligation to preserve your data for any length of time and will not be responsible for any loss of data. MindBar is under no obligation to provide you with the data associated with your Platform use and/or Account, except as otherwise provided in the Privacy Policy. MindBar recommends that you maintain your own backup of information submitted to the Platform. 

Payment for Memberships and Other Services

Payment for Memberships shall be a subject to an automatic recurring monthly or annual charge. You agree that any and all payments must be made via credit card. You agree to pay and not dispute any recurring Membership charge. 

When entering into a Membership and/or making a purchase from the Platform for a MindBar Services, payments are processed through a third-party payment processor, such as Stripe. By utilizing Stripe or any other third-party payment processor, you are agreeing to their separate Terms of Service. 

MindBar reserves the right to charge and/or change the service fee at any time. Users agree that they are responsible for paying all applicable taxes, duties, levies, or charges imposed by any governmental entity anywhere in the world in connection with their use of the Platform and purchases made therefrom. You understand and agree that MindBar will not be held liable for any User’s failure to complete a transaction entered into through the Platform. 

Membership Cancellation

Members may cancel their Membership by providing notice to MindBar at member-services@mind-bar.com. Cancellation notice must be received at least seven (7) days before the next automatic payment is due for a Membership in order for a Member to not be charged. 

Refund Policy

MindBar has a no refund policy and partial refunds will not be given. Upon cancellation of a Membership, access to the Services will cease at the end of the month following cancellation. 

Prohibited Uses

You expressly agree that you will not use the Platform or Services to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Platform. 

Specifically, you are prohibited from: 

  • Posting or transmitting content that: 
    • Infringes upon the intellectual property rights of others; 
    • Threatens or encourages bodily harm and/or destruction of property or that is offensive, defamatory, derogatory, pornographic or obscene; 
    • Promotes hate, violence, harassment, stalking, discrimination, terrorism, or intolerance of any kind based upon race, ethnicity, religion, sexual orientation, or disability; 
    • Incites any illegal activity or unlawful sexual solicitation; 
    • Relates to weaponry, controlled substances, gambling, or debt collection; 
    • Raises support or defense of anyone alleged to be involved in criminal activity; o Impersonates another or is fraudulent, inaccurate, or misleading; 
    • Constitutes an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter;
    • Intends to collect personal or personally identifiable information from others;
    • Violates any term or condition of this Agreement; 
  • Using a robot, spider, scraper, or other automated technology to access the Platform;
  • Framing, scraping, aggregating, hacking, reverse engineering, or crawling the Platform;
  • Reproducing, preparing derivative works, distributing copies, performing publicly, displaying publicly, or using for commercial purposes the Platform or its content, whether in whole or in part;
  • Imposing a disproportionate load on the Platform or its server infrastructure or otherwise attempting to interfere with the operation of the Platform; 
  • Attempting to gain access to the private data or personal information of a Platform user or third party;
  • Circumventing MindBar’ technological and physical security measures; 
  • Suggesting an affiliation with or endorsement by MindBar. 

If you encounter content or witness behavior that you believe is inappropriate and violates this Agreement, you may report it to MindBar by sending an email to: member-services@mind-bar.com. 

Mobile Devices

The Platform is fully accessible via a mobile device. To the extent you access the Platform through a mobile device, your wireless carrier’s standard charges, rates, and fees may apply. MindBar is not responsible for any fees or errors that occur while accessing the Platform via mobile device. 

Mobile Application

If accessing the Platform through the integrated mobile application as downloaded from the Apple App Store and/or Google Play Store, Users agree to the following: 

  • This Agreement is entered into between MindBar and the User only, not Apple and/or Google, and MindBar is solely responsible for the Platform; 
  • The license granted to Users under this Agreement to use the Platform is non-transferable; 
  • MindBar is solely responsible for providing any maintenance and support services with respect to the Platform; 
  • MindBar is solely responsible for any warranties as articulated in this Agreement;
  • User and MindBar are solely responsible for addressing any claims relating to product liability; the Platform’s failure to conform with any applicable legal or regulatory requirement; and claims arising under consumer protection, privacy, or similar legislation; 
  • In the event of any third-party claim that the Platform or User’s possession and use of the Platform infringes that third-party’s intellectual property rights, MindBar is solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim; 
  • Users represent and warrant that they 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 that User is not listed on an U.S. Government list of prohibited or restricted parties; 
  • The contact information for MindBar to which any questions, complaints, and/or claims can be directed is located below; 
  • User must comply with all applicable third-party terms of agreement when using the Platform; and 
  • User and MindBar agree that Apple and Google, and Apple and/or Google’s subsidiaries, are third-party beneficiaries of this Agreement, and that, upon the User’s acceptance of this Agreement, Apple and/or Google will have the right to enforce this Agreement against the User as a third-party beneficiary thereof. 

Section 230 of Communications Decency Act

You acknowledge and agree that MindBar is an interactive computer service provider under Section 230 of the Communications Decency Act. Though MindBar may edit, remove, or control the content displayed through the Platform, you agree that MindBar will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the Platform or otherwise. 

You understand that the Platform may contain links to third party Platforms, applications, or services that MindBar does not own or control. You agree that MindBar will not be held responsible or liable for the content of third-party Platforms, applications, or services and that MindBar’s inclusion of those Platforms, applications, or services within its Platform does not constitute MindBar’s endorsement of, recommendation of, or affiliation with any of those Platforms, applications, or services. 

No Endorsement

From time to time, MindBar will refer to commercial products, processes, services, experts, and/or Platforms. Any reference is not intended to be an endorsement or statement that the information provided by the other party is accurate. MindBar does not endorse any commercial product, process, service, expert, or Platform. The views and opinions of affiliates, Teachers, and others expressed on this Platform do not necessarily state or reflect those of MindBar and are not intended to be used for product endorsement purposes. 

Term and Termination

This Agreement will remain in full force and effect so long as the Platform is in operation. MindBar may terminate this Agreement without liability at any time, without notice, and for any reason, including but not limited to for your violation of a term or condition of this Agreement. 

Disclaimer of Warranties

MindBar disclaims any responsibility for any harm or liability arising out of or related to your use of the Platform and/or Services. MindBar provides the Platform, Services, and products, provided through the Platform on an as-is basis and without warranty of any kind, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, title, accuracy, completeness, non-infringement, or quality. Some jurisdictions do not allow an exclusion of implied warranties. If you are located in such a jurisdiction, this exclusion may not apply. 

MindBar will not be held liable or responsible for any content posted on the Platform or through the Services, including but not limited to any advice or marketing provided by any third party, any third-party links posted on the Platform and/or Services, or any content transmitted through the Platform and/or Services. MindBar is a service provider and does not assume responsibility for any error, omission, interruption, deletion, defect, alteration, and/or destruction of identity. MindBar reserves the right to discontinue the Platform and/or Services at any time. 

MindBar will not be held liable for network, internet, computer, hardware, or software program malfunctions, failure, delays, or difficulties with the Platform and/or Services at any time. 

Limitation of Liability

MINDBAR WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE PLATFORM OR SERVICES AVAILABLE THEREON, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT MINDBAR CAN BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCE IS THE AMOUNT THAT YOU PAID, IF ANY, FOR PRODUCTS OR SERVICES THROUGH THE PLATFORM, AND IN NO CASE WILL THAT AMOUNT EXCEED $100. IF NO AMOUNT IS PAID BY YOU TO MINDBAR, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW. 

THE PLATFORM MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. MINDBAR IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE PLATFORM. 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW. 

Indemnification

You agree to hold harmless, indemnify, and defend MindBar, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the Platform, your use or provision of any Services made through the Platform, your reliance upon advice provided through the Platform and/or Services, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party. 

Your obligation to defend MindBar under the terms of this Agreement will not provide you with the right to control MindBar’ defense, and MindBar reserves the right to control its defense and choose its counsel regardless of your contractual requirement to indemnify MindBar. 

No Assignment

You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. MindBar may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Platform. 

Jurisdiction, Governing Law, and Resolution of Disputes

This Agreement will be interpreted, governed, construed, and enforce in accordance with the laws of the United States of American and the State of Texas without giving effect to any conflicts of laws principles. The parties submit to and agree to personal jurisdiction in Texas, with venue proper in Austin, Texas. 

YOU AND MINDBAR AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF THE PLATFORM, OR THE PURCHASE OF PRODUCTS OR SERVICES FROM MINDBAR, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT. ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN AUSTIN, TEXAS AND IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR AND THE ARBITRATOR WILL DECIDE THE ARBITRATION PROCEEDING BY APPLYING THE LAWS AND LEGAL PRINCIPLES OF THE STATE OF TEXAS AND THE FEDERAL LAWS OF THE UNITED STATES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND MINDBAR AGREE THAT THE SITUS OF THIS AGREEMENT IS IN THE STATE OF TEXAS. YOU AND MINDBAR AGREE TO SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING. 

Severability

If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect. 

Integration

MindBar hereby incorporates its Privacy Policy into this Agreement. This Agreement and its incorporated Privacy Policy constitutes the entire agreement between the parties with respect to the use of the Platform. You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind MindBar. 

No Waiver

You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged. 

Child Online Privacy Protection Act

The Platform is not directed to persons under the age of eighteen (18) and MindBar will not knowingly collect personally identifiable information from children under the age of eighteen (18) without the consent from the child’s parental guardian. 

If MindBar inadvertently collects such personally identifiable information, MindBar will delete the personally identifiable information in accordance with its security protocols. 

Limitation on Actions

MINDBAR AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PLATFORM OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE PLATFORM MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF. 

YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST MINDBAR ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS. 

Reservation of Rights

All rights not expressly granted herein are reserved to MindBar. 

Notice

If you have questions, concerns, or complaints regarding anything related to MindBar, such as a Teacher, another Member, the Platform, and/or Services, please contact MindBar at: member-services@mind-bar.com. 

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