TERMS OF SERVICE
Last updated July 14, 2021
Please read the following Terms of Service (these “Terms”) carefully before using the Mine’d Co. (“Mine’d”, “we”, “our”, or “us”) mobile application (the “App”), website (the “Site”), Facebook and/or other social media applications (the “Social Media Applications”) or participating in any online features, products, services and/or programs offered by us (individually and collectively, with the App, the Site and the Social Media Applications, the “Services”).
IF YOU ARE IN CRISIS DO NOT RELY ON THIS SITE. IF YOU HAVE THOUGHTS OF SUICIDE OR SELF HARM, OR FEEL THAT YOU MAY BE A DANGER TO YOURSELF OR TO OTHERS, PLEASE IMMEDIATELY CALL 911 (OR THE RELEVANT EMERGENCY NUMBER IN YOUR COUNTRY). THE SERVICES ARE NOT THERAPY OR MEDICAL ADVICE AND THEY ARE NOT A SUBSTITUTE FOR THE ADVICE OF A MEDICAL PROFESSIONAL. ANY INFORMATION PROVIDED THROUGH THE SERVICES SHOULD NOT BE USED TO MAKE MEDICAL DECISIONS. IF YOU REQUIRE MEDICAL ADVICE YOU SHOULD CONSULT WITH A MEDICAL PROFESSIONAL.
Convenience and Information
The Services are provided to you as a convenience and for your information only. Mine’d is not responsible for the quality and correctness of the information provided to you. By merely providing you access to and use of the Services, we do not warrant or represent that any statement, documents, images, graphics, logos, designs, audio, video, or any other information provided from or on the Services (collectively, the “Content”) is accurate or complete; the Content is up-to-date or current; we have any obligation to update any Content; the Content is free from technical inaccuracies or programming or typographical errors; the Content is free from changes made by a third party; your access to the Services will be free from interruptions, errors, computer viruses or other harmful components; and/or any information obtained in response to comments or questions asked through the Services is or will be accurate or complete.
Not Healthcare Treatment
The Services connect you with emotional wellness experts and other users through live and on-demand offerings. The Services do not provide psychiatric, psychological, or other medical or professional treatment and do not constitute the practice of medicine or psychology or the rendering of therapy, medical, mental health or other health care or professional services. Mine’d is not licensed to provide and does not provide medical diagnoses, treatments, counseling or any other professional services. The Content provided on and through the Services is provided for informational purposes only and use of the Services is in no way intended to take the place of a relationship with a medical or mental health professional. The leaders of live or on-demand sessions may or may not be licensed professionals, but the user (you and others) is not a patient and therefore does not have any privileged or patient relationship or any other type of relationship with any Mine’d content provider, wellness expert or employee. Please consult with your physician or mental health professional regarding any medical or mental health-related diagnosis or treatment options.
Our Services and any information collected by us is not intended to and does not:
Establish a therapist- or physician-patient relationship or any other type of professional relationship with you;
Assess, evaluate, or monitor your health or mental health;
Diagnose any issues related to your health or mental health;
Evaluate or recognize if you are in crisis - and our wellness experts are not trained or qualified to assist those in crisis;
Provide medical advice, therapy or counseling to you; or
Constitute telehealth services.
If you have thoughts of suicide or self-harm, contact the National Suicide Prevention Line at 1-800-273-8255.
HIPAA Does Not Apply
Please be advised that the Health Insurance Portability and Accountability Act of 1996, as amended, and its implementing regulations (“HIPAA”), does not apply to information that is shared by you with us or with any other users of the Services or collected by us from you in accordance with these Terms. Mine’d is not a “health care provider,” “business associate”, “subcontractor”, “health care clearinghouse” or “health plan”, as those terms are defined under HIPAA. The Services are not intended to render, and do not render, any type of health care or health care-related services to any user. All information that you disclose using the Services is provided by you on a voluntary basis to any recipient of such information. We advise you not to share with or disclose to any user of the Services any information that could potentially identify you, including in combination with other information available to such user. If you share or disclose such information, even inadvertently, any such information will not be protected by HIPAA.
Through the Services, you have the opportunity to share information about yourself with our wellness experts and/or other users of our Services. Any information you share during the use of the Services is not confidential.
Use and Restrictions
The ownership of the Services, Content, and all rights therein are and will remain with Mine’d. We grant you the right to access and use the Services as long as you follow the requirements in these Terms. You agree that you will use the Services in accordance with all applicable laws, rules, and regulations, as well as such other reasonable rules provided by us from time to time.
You may not: remove or obscure any copyright, trademark, digital watermarks, proprietary legends or other proprietary notices from any portion of the Services; reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, or any aspect of them, except as expressly permitted by us; decompile, reverse engineer, jeopardize the correct functioning of the Services; attempt to gain unauthorized access to or impair any aspect of the Services; use the Services to stalk, harass or harm another individual, or in any way that is in violation of any law or regulation; and/or impersonate any person or entity, or otherwise misrepresent or use any portion of the Services or any Content in any manner that may give a false or misleading impression, attribution or statement as to us or any other person or entity. We reserve the right to remove any user from the Services and cancel your membership if you engage in any conduct that violates these Terms.
User Generated Contributions
The Services may include the ability for users to post testimonials, statements, comments, suggestions, and other information based on the particular user’s experiences, or to contribute to or participate in chats and bulletin boards (collectively, “Contributions”). Please be aware that information provided in the Contributions is or may become public and that the content you contribute, as well as your username, will be publicly visible. We recommend that you do not include any personal information that can be used to identify you in your Contributions or your username. By posting Contributions, you attest that you are not restricted or prohibited from making such content publicly available under law or contractual or fiduciary relationships. If you are providing information about another individual, you represent and warrant that you have been granted all rights from such individual to disclose that individual’s information.
We do not claim ownership in your Contributions. However, by submitting any Contributions in any form to us, in addition to other provisions of these Terms, you automatically grant Mine’d, its affiliates, successors and assigns, a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, sublicensable and assignable right and license to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, publicly display and publicly perform such without further notice to you, or consent from you, and without any requirement to pay anything to you or anyone else. You will not have or obtain any rights in or to any form, media, or technology incorporating any of your Contributions.
You are solely responsible for any Contributions you post or display on the Services or transmit to other users through the Services, whether in the form of one-on-one discussion, groups, other chat rooms, bulletin boards, or any other means. Mine’d does not control, endorse, or approve, and is not responsible for, any such content posted or delivered to or through the Services. We are not obligated to prescreen postings or communications to other users, or during classes, and we do not regularly review, monitor, delete, or edit such content delivered to and through the Services. We may choose, in our sole discretion, to review, monitor, delete, or edit any such content without further notice to you.
You agree that any Contributions or communications made by you in classes, communications through or using the Services, or postings in chat rooms, bulletin boards or the like will not contain (1) any personally identifying details of any other person without their express written permission; (2) any advertisement, promotional materials, spam, surveys, or contests without our express prior written consent; (3) any conduct, material, or links to material, that could be considered harmful, obscene, pornographic, indecent, violent, abusive, profane, insulting, threatening, harassing, degrading, intimidating, racist, bigoted, hateful, or otherwise objectionable; (4) any statement or content that harasses, threatens, intimidates, or stalks another party; (5) any expressions of bigotry, racism, hatred, or profanity; (6) any defamatory, false, or libelous material; (7) information that promotes illegal activities; (8) content that infringes or violates any intellectual property or other rights of any person or entity; or (9) information that is false or misleading including content or statements that impersonate another person or entity, adopt a false identity, manipulate or forge identifiers, or otherwise disguise the origin of any posting.
You agree, represent, warrant, and guarantee that all Registration Information provided by you is true, accurate, complete, up-to-date, and solely yours. If any of your Registration Information changes, you must update it promptly. Neither we nor our indemnitees shall be responsible for verifying your Registration Information. You will be solely responsible for maintaining the confidentiality of your Registration Information. You agree not to give or make available your password or other credentials that you use in connection with the Services to any unauthorized individuals, and you agree to be responsible for all actions taken by anyone to whom you have provided such password or credentials. We reserve the right, under certain circumstances, to deny your access to any one or more account(s) or to the Services or any part thereof, or to deny the processing of transactions, in order to maintain or restore security or performance to the Services.
By using the Services, you affirm that you are at least [eighteen (18)] years of age, or are an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
We may make changes to the Services, the Content or these Terms or stop providing any of the Services at any time and without further notice to you. We will make an effort to update the Services with any changes to these Terms, and you are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appears at the end of these Terms). Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Services. If you are accessing the Services on your mobile device, your network’s data and messaging rates and fees may apply. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. We do not guarantee the Services, or any portion thereof, will function on any particular hardware or devices.
By using the Services, you consent to receive electronic transactional communications from us unless you provide us with notice that you require paper communications by contacting us through one of the means set forth at the end of these Terms. We will communicate with you by e-mail or by posting notices through our other Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing. Please note that if you send us an email, the email will not be read or responded to by a licensed mental health professional.
You acknowledge that, in using the Services and accessing the Content, you may encounter material that you deem to be disturbing, offensive or objectionable. You agree to use the Services at your sole risk and that we will have no liability to you for material that may be disturbing, objectionable or offensive to you.
We use independent third party service providers to process payments made in connection with your use of the Services. We use Apple Pay for iOS devices and Google Pay for Android devices. We do not process your payment, but instead transfer you to a secure network provided by our third-party payment processor through which all transactions are processed. Payment processing companies may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies. For more information regarding its terms and conditions that may apply, visit that processor’s website and click on its information links or contact that processor directly. You release us, our affiliates, and our payment processing company from any damages that you may incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Services or Content.]
While we provide reasonable precautions to protect your confidential information, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception or error.
No Warranties for the Services
We make no warranty concerning the Services, Content and/or Contributions, including, but not limited to, with respect to any delay, failure, interruption, or corruption of any data, or any other information transmitted in connection with the use of the Services. You expressly agree that your use of the Services is at your sole risk and you are not relying on any express or implied representation in choosing to use or access the Services. The Services, Content and Contributions are provided “AS IS” and “AS AVAILABLE” for your use, without warranties of any kind, either express or implied, unless these warranties are legally incapable of exclusion. We make no representations or warranties that the Services, Content or Contributions will remain uninterrupted or error-free, that defects will be corrected, or that the web pages accessible on or through the Services, or the servers used in connection with the Servers, are or will remain free from any viruses, worms, time bombs, drop dead devices, or other harmful components. We do not guarantee that you will be able to access or use the Services at times or locations of your choosing, or that we will have adequate capacity for the Services as a whole or in any specific geographic area.
You agree to defend, indemnify, and hold harmless Mine’d and our affiliates, subsidiaries or parent company, and any of our respective officers, directors, administrators, agents, participants, attorneys, employees, executors, heirs, predecessors, successors, assigns, service providers, and other representatives, and each person acting by, through, under or in concert with such parties, from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs (including, but not limited to, reasonable attorneys’ fees) assessed or incurred by us, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your use of the rights granted hereunder, including, but not limited to, any claims made by any third parties; (iv) your violation of any law or the rights of a third party; (v) any dispute or issue between you and any third party; (vi) any claim that any comment or other information you provide through the Services (including your Contributions) caused damage to or violated the rights of a third party; and (vii) your willful misconduct. Mine’d reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in that case, you agree to cooperate with our defense of that claim.
Limitation of Liability
IN NO EVENT WILL MINE’D OR OUR AFFILIATES, SUBSIDIARIES OR PARENT COMPANY, OR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, ADMINISTRATORS, AGENTS, PARTICIPANTS, ATTORNEYS, EMPLOYEES, EXECUTORS, HEIRS, PREDECESSORS, SUCCESSORS, ASSIGNS, SERVICE PROVIDERS, OR OTHER REPRESENTATIVES, AND EACH PERSON ACTING BY, THROUGH, UNDER OR IN CONCERT WITH SUCH PARTIES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES, THE CONTENT OR THE CONTRIBUTIONS PROVIDED IN CONNECTION WITH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SAME. IN ADDITION, WE WILL NOT BE LIABLE FOR ANY NEGATIVE REPERCUSSIONS TO ANYONE BASED ON THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY LOST GOODWILL OR LOST PROFITS. WE ARE NOT RESPONSIBLE FOR INACCURACIES OR ERRORS IN OR OMISSIONS FROM THE CONTENT OR CONTRIBUTIONS; OR INTERRUPTIONS, OR LOSS OR DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR BY ANY REASON OF NONPERFORMANCE. REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR ENTIRE LIABILITY SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO MINE’D FOR OR RELATING TO THE SERVICES WITHIN THE PRIOR TWELVE (12) MONTHS, IF APPLICABLE. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
The Content and the Services are intellectual property owned, controlled and/or licensed by us and/or our affiliates, or intellectual property that we are legally permitted to access and use. All applicable intellectual property laws, including copyright laws, protect our rights in and to the Content. We are the owner or authorized licensee of, or are otherwise permitted to use, all trademarks, service marks, and logos used and displayed by us on and in connection with the Services. You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display or circulate the Content and Services to anyone. Nothing on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our, or our affiliates’, trademarks, service marks, logos, or copyrighted materials without our prior written permission in each instance.
We own, protect and enforce copyright and other rights in our own intellectual property, and respect the intellectual property rights of others. We will respond to allegations of copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”). Under the DMCA, a copyright owner may file a takedown notice with us of an alleged copyright infringement. During this process, we will take down the alleged infringing content, and take reasonable steps to contact the owner of the removed content so that a counter-notification may be filed, if appropriate. If a valid counter-notification is filed, we typically will restore the content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity. We may provide copies of such notices to the affected parties or to any other third parties, at our discretion and as required by law.
When notifying us of potential infringement, you must include the following information: identification of the copyrighted work(s) claimed to have been infringed and the material that is to be removed; information reasonably sufficient to permit us to locate the allegedly infringing material; contact information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, or e-mail address; a statement that the complaining party has a good faith belief that use of the material is in fact infringing; a statement, made under penalty of perjury, that the information set forth in the notification is accurate; and the signature, physical or electronic, of the copyright owner or a person authorized to act on his or her behalf.
Notice of alleged infringement must be sent by e-mail to our DMCA Agent, firstname.lastname@example.org, or by certified mail and marked “Copyright Infringement”, Attn: DMCA Agent at Mine’d at 30 Christopher St, New York, NY, 10014-7023.
Before filing a notice of copyright infringement, please make a careful determination as to whether or not the use of the material at issue is or may be protected by the “fair use” doctrine. You could potentially be held liable for costs and attorneys’ fees should you file a takedown notice where there is no infringing use. If you are unsure whether there is infringement, please seek the advice of legal counsel.
To file a counter-notification with us, please provide the DMCA Agent with a written communication containing the following: identification of the allegedly infringing material that was removed or disabled; a statement that, under penalty of perjury, you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; your name, address, and telephone number; and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your postal address is located, and that you will accept service of process from the party who submitted the infringement notification or his, her, or its principal or agent; and the signature, physical or electronic, of you or a person authorized to act on your behalf.
Termination of Service
We may suspend or terminate your right to access portions of the Service, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Services, to us, to our partners, to the contributors, to the business of our Internet service provider, or to other information providers, or as we otherwise deem appropriate, in our sole discretion.
You acknowledge that your conduct that is inconsistent with these Terms may cause us irreparable damage for which remedies other than monetary relief may be inadequate. In such instances, you agree that we may seek injunctive or other equitable relief to restrain such conduct without the necessity of proving actual harm or posting a bond.
Governing Law; Jurisdiction and Venue
You agree that all matters relating to your access to, or use of, the Services will be governed by the laws of the State of Delaware, without regard to any conflict of laws principles. You agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts located in the State of New York with respect to such matters.
We make no representation that any materials on the Services are appropriate or available for use in jurisdictions that are outside the United States. Access to the Services from jurisdictions where such access is illegal is prohibited. If you choose to access the Services from other jurisdictions, you do so at your own initiative and are responsible for compliance with applicable local laws.
Additional Agreements and Third Party Agreements
In addition to these Terms, in connection with your use of the Services, you may be subject to, and/or required to agree to, various guidelines, rules, schedules, disclosures, disclaimers and other terms that we may provide or make available to you from time to time that relate to the Services that we provide and that are owned or controlled by us (collectively, “Additional Agreements”).
You may also be subject to other terms of third parties who provide services that are not owned or controlled by us, for example third party payment processors. These additional third party agreements are not included in the Additional Agreements, and we make no representations regarding such additional third party agreements. Such third party agreements and applications are provided “as is” and your use of such services is subject to their respective terms.
If you have additional questions or comments of any kind, please let us know by sending your comments or requests to us at: Mine’d, [Address], E-mail: [Email].