Terms of use

Please read these terms and conditions before accessing our website

These Terms of Use are effective as of October 31, 2019.

1. OVERVIEW

Mind Diagnostics, Inc. (“Mind Diagnostics”, “we”, “us”, or “our”) operates the following list of healthcare and wellness-related websites and related mobile applications: www.mind-diagnostics.org, www.pridemind.org, www.faithfulmind.org, and www.relationshipdiagnostics.org (individually a “Site”; collectively, the “Sites”). Unless otherwise expressly stated, these terms and conditions are the “Terms of Use” for the Sites and represent a legally binding agreement between you and us regarding your use of our Sites. Your legal agreement with us also includes our Privacy Policy and any other applicable terms and conditions that we disclose or notify you of when you use or attempt to use our Sites (“Additional Terms”).

Our Sites include all web and mobile pages within each Site and also includes backup, mirror, replacement or substitute sites or pages we make available as part of the services we provide. We will refer to each and every feature, test, function, service, activity, promotion, advertisement, healthcare provider listing, text, data, graphics, images, photographs, audio, video, information, suggestions, guidance, and other materials and content on our Sites, individually and/or collectively as “Content” and when we use the term “Site” it also includes Content unless we specifically say otherwise. Any terms used but not defined herein are defined in our Privacy Policy.

We may refer to you or any individual that uses our Sites as “you” or “your” or a “user” or “visitor.” If we use the term "Mind Diagnostics Entities,” in addition to us, that term means and includes our Licensors, subsidiaries, owners, officers, directors, sponsors, affiliates, suppliers, promotional partners, operational service providers, agents, co-branders, employees, contractors, staff, community moderators, brand ambassadors, community administrators, and representatives.

When you see the word “use” or “using” we mean any time you, directly or indirectly, attempt to or actually do access, interact, display, view, browse, print, copy, transmit, receive or exchange data, messages, content or you otherwise communicate with us or anyone else, including another user, advertiser or any person, firm or business you may encounter on or through any of our Sites. We will also consider you to be using our Sites if you utilize, benefit, take advantage of or interact with any Content in, on or available through any of our Sites, for any purpose, or if you try to do any of these things.

If you use any of our Sites you agree and acknowledge that (i) you have read and understand the legal agreement you have with us, including these Terms of Use, our Privacy Policy and any Additional Terms; (ii) that unless you immediately stop using or trying to use all of our Sites, you will be signifying your agreement to be legally bound by and comply with all of the terms and conditions that apply to you under these Terms of Use; and (iii) you must be at least 18 years old or the age of majority in your jurisdiction, if different. If you are under the age of majority in your jurisdiction then you may only use the Sites with your parent or legal guardian’s permission. As set forth in our Privacy Policy, our Sites are not intended for children under the age of 18 and we do not knowingly solicit or collect Personal Information (as that term is defined in the Privacy Policy) from children under the age of 13.

2. USAGE RULES

We reserve the right to deny you access to any and all parts of our Sites for any reason, and at our sole discretion. You may never use, allow or enable others to use our Sites or knowingly condone use of our Sites to do or attempt to:

  • Violate any laws, regulations, judicial or governmental order, treaties or our rights or the rights of any other person, firm or enterprise;
  • Engage in conduct which is libelous, defamatory, indecent, vulgar, obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally or ethnically offensive, harmful, bullying, harassing, intimidating, threatening, hateful, objectionable, discriminatory or abusive;
  • Impersonate any other person, firm or enterprise or any of our or their employees and agents or otherwise use any fake, false, or fictitious names, emails, or profiles, or;
  • Use our Sites for uploading or otherwise using malicious or unauthorized code, (e.g. viruses, cancel bots, worms, Trojan horses, spyware) or other potentially harmful material or information or in any way interrupt, damage, interfere with, destroy or limit the functionality of any computer software or hardware or communication equipment, including our Sites;
  • Gain unauthorized use of our Sites, other users’ accounts, names, login or password information, Personal Information or use our Sites in any manner which violates or is inconsistent with the provisions or spirit of our Terms of Use;
  • Modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of our Sites or the rights or use and enjoyment of our Sites by any other person, firm or enterprise;
  • Collect, obtain, compile, scrape, frame, gather, transmit, reproduce, delete, revise, view or display the Site, the Content, or any material or information, whether personally identifiable or not, submitted, provided or made available by or concerning any other person, firm or enterprise;
  • Engage in any activity or fail to report any activity involving SPAM, junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing” or other similar schemes; or
  • Use our Site or any Content for commercial or business purposes, including advertising, marketing, selling or offering goods or services, whether or not for financial benefit or any other form of compensation or consideration or through linking with any other website or web pages; or
  • Use any robot, spider or other automated means to access, scrape, harvest, or mine our Sites, the Content, or the services for any reason without our prior written consent.

3. NO MEDICAL ADVICE OR DOCTOR/PATIENT RELATIONSHIP

Some Content may be provided by healthcare professionals and is provided to assist you in choosing a healthcare specialist, professional, provider, organization, or agents or affiliates thereof (collectively, “Healthcare Provider”).

The Content on our Sites is presented in a summary fashion and is intended to be used for informational purposes only. The Content is not intended to be and should not be interpreted as a recommendation for a specific treatment plan, product, course of action or medical or Healthcare Provider. Your use of our Sites does not create a doctor / patient relationship. MIND DIAGNOSTICS IS NOT A HEALTH CARE PROVIDER. OUR SITES DO NOT OFFER MEDICAL ADVICE AND NOTHING CONTAINED IN THE CONTENT IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE FOR MEDICAL DIAGNOSIS OR TREATMENT. You should not use our Sites to diagnose a health, wellness or fitness problem or disease, ailment or mental health condition. Use of our Sites does not replace medical consultations with a qualified health or medical professional to meet the health and medical needs of you or any other party. We disclaim all responsibility for the professional qualifications and licensing of, and services provided by, any physician or other Healthcare Provider referred to on our Sites and/or any Third Party (as defined in our Privacy Policy) website. Never disregard the medical advice of a physician or health professional, or delay in seeking such advice, because of something you read on our Sites. Although we strive to ensure that the information we provide on our Sites is correct, we cannot guarantee that it is always accurate and up-to- date. We offer our Sites AS IS and without any warranties.

Mind Diagnostics encourages Healthcare Providers to use the Sites responsibly, but we have no control over, and cannot guarantee the availability of, and guarantee a response from any Healthcare Provider at any particular time. We will not be liable for any Healthcare Provider’s failure to respond to an inquiry, cancelled or otherwise unfulfilled appointments, or any injury or loss resulting therefrom, or for any other injury or loss resulting or arising from, or related to, the use of the Sites whatsoever.

Some Healthcare Providers listed through the Sites enter into contracts with us, and may pay us a fee in order to be marketed through or to use the Sites. To help you find Healthcare Providers who may be suitable for your needs, and enable the maximum choice and diversity of Healthcare Providers participating in the Services, we may provide you with lists and/or profiles of Healthcare Providers. These results are based on information that you provide to us, such as insurance information, geographical location, and healthcare specialty. They may also be based on other criteria (including, for example, Healthcare Provider availability, past selections by and/or ratings of Healthcare Providers by you or by other Sites users, and past experience of Sites users with Healthcare Providers). Note that Mind Diagnostics (a) does not recommend or endorse any Healthcare Providers, and (b) does not make any representations or warranties with respect to these Healthcare Providers or the quality of the healthcare services they may provide, and (c) does not receive any additional fees from Healthcare Providers for featuring them (i.e. higher or better placement on lists) through the Services (subject to Sponsored Results as described below). We may show you advertisements or sponsored results (“Sponsored Results”) on the Site, including above the search results. Mind Diagnostics may receive additional fees from Healthcare Providers for providing Sponsored Results. Sponsored Results shown through the Sites are not, and should not be considered, an endorsement or recommendation by Mind Diagnostics of the Healthcare Provider.

WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE YOU WITH ACCURATE CONTENT, WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK, PRICE OR COST INFORMATION, INSURANCE COVERAGE OR BENEFIT INFORMATION, OR ANY OTHER CONTENT AVAILABLE THROUGH THE SITES. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY SUCH CONTENT. FURTHERMORE, WE DO NOT IN ANY WAY ENDORSE OR RECOMMEND ANY INDIVIDUAL OR ENTITY LISTED OR ACCESSIBLE THROUGH THE SITES.

4. REVIEWS AND EDITORIAL POLICY

Users of the Sites are encouraged to add their voices by:

  • Writing provider reviews about care received
  • Answering survey questions about the care received by a provider
  • Writing reviews on their experiences of Site Content

Each of these opportunities (“Reviews”) allows our users to share their personal opinions in the form of real-life health experiences, experiences of using the Site, and personal stories. Content supplied by users is reviewed for compliance with our business and privacy rules. Content that does not meet our business and privacy rules will not be posted to the Site. We do not edit or medically review user-generated content for medical accuracy.

Examples of user-generated content that will not be posted to the Website include:

  • Hateful or vulgar language
  • Illegal, controversial or objectionable activities
  • Content that discriminates against, ridicules or disparages an individual or group on the basis of race, religion, national origin, gender, sexual orientation, marital status, age, disability or any other status that the Mind Diagnostics editorial team deems inappropriate
  • Marketing material that directly advertises a service or a product
  • Personal information including but not limited to name, phone number, address, and email address
  • Personal website links or mentions
  • Mentions or endorsements of specific brands including pharmaceuticals
  • Content that mentions another patient or potential patient by full name
  • Pictures that you do not have the rights to use or distribute; or inappropriate pictures or videos
  • Content that is deemed unproductive, off-topic or inappropriate by Mind Diagnostics in its sole discretion
  • Content that is deemed obscene or graphic by Mind Diagnostics in its sole discretion

By submitting or posting Reviews you grant Mind Diagnostics (i) a non-exclusive, royalty-free, perpetual, transferable, irrevocable license to use the Reviews throughout the world in any media, now known or hereafter created without attribution, in accordance with applicable law, and (ii) the right to take legal action against any person or entity that violates your and/or Mind Diagnostics’ rights in your Reviews. You further acknowledge and agree that your Reviews are submitted by you without any restrictions or expectations of confidentiality (except as set forth in our Privacy Policy) and do not contain proprietary information.

Except as described in our Privacy Policy, Mind Diagnostics will not be required to treat any of your Reviews as confidential, and you acknowledge and agree Mind Diagnostics may use in connection with its business, for any commercial or other purpose whatsoever, your Reviews, in whole or in part, without compensation to you or any other person. We have no obligation to retain or provide you with copies of your Reviews.

Your Reviews, including personally identifiable information contained therein, are made voluntarily and are subject to the Privacy Policy. You are responsible for the content of your Reviews and once submitted, it is in the sole discretion of Mind Diagnostics as to whether a Review can be withdrawn. You may expose yourself to liability by submitting a Review, if for example your Review is false, intentionally misleading, defamatory, or violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, contains material that is unlawful, including illegal hate speech and pornography, exploits or otherwise harms minors, or violates or advocates the violation of any law or regulation. You agree to defend (at Mind Diagnostics’ option and at your sole expense), indemnify, and hold Mind Diagnostics harmless from any damages, losses, costs, or expenses, including reasonable attorneys’ fees, which we may incur as a result of your Reviews.

With respect to your Reviews, you represent, warrant and covenant that:

  • Your Review of Healthcare Provider(s) will be true and accurate, will be your original work of authorship, only concern or relate to the care or service that you, your minor child or your ward received from the Healthcare Provider(s) being reviewed, that you are not related to or employed by the Healthcare Provider(s) being reviewed and that you are not impersonating any other person;
  • You have the right to submit your Reviews without violating the copyright, trademark, patent or other intellectual property rights of any person or entity, and the Reviews will not contain any content, personally identifiable information (other than the name of the Healthcare Provider(s) being reviewed), information, or materials of any kind that relates or refers to any other person or entity other than the person or entity being reviewed;
  • Your Reviews will not violate any law, or in any manner infringe or interfere with the rights of others, including but not limited to the use of names, information, or materials that (i) libel, defame or invade the privacy of any third party, (ii) are obscene or pornographic, (iii) harmful, threatening, offensive, abusive, harassing, vulgar, false or inaccurate, racially, sexually, ethnically or are otherwise objectionable or otherwise contrary to the laws of any place where such Reviews may be accessed, (iv) constitute personal attacks on other individuals, (v) infringe the intellectual property, trade secret or proprietary rights of any third party, (vi) promote criminal or other illegal activity, (vii) promote or advertise any person, product or service or solicit funds, (viii) are deemed confidential by any contract or policy, or (ix) promote violence, firearms, ammunition, or weapons.
  • Mind Diagnostics retains the right to review and delete or remove from public view on the Sites and delete from any other media or server where your Reviews may be stored or displayed by or on behalf of Mind Diagnostics any Reviews, which Mind Diagnostics in its sole discretion considers illegal, offensive, obscene, abusive, harassing, commercial in nature, infringing, inappropriate or otherwise violates the terms and conditions of this Terms of Use.

5. THIRD PARTY LINKS

Our Sites may contain links to or advertisements for websites or services operated by Third Parties. The links to and advertisements concerning Third Party websites or services are provided for your convenience only. We do not control such third party websites or services and we are not responsible for the content and performance of these third party websites/services or for your transactions with them. Our inclusion of links to or advertisements for such Third Party websites or services does not imply any endorsement of the material, products or services on such third party websites or any association with their operators.

6. CHOICE OF LAW AND ARBITRATION

Our Terms of Use shall be construed and enforced under the laws of the State of New York applicable to parties resident in and contracts made, executed and wholly performed within the State of New York. You specifically agree and submit to the jurisdiction of the State and Federal Courts situated in the State, City and County of New York and you will not object to jurisdiction or venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. Any dispute or claim relating in any way to your use of the Sites will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our offices: Mind Diagnostics, 282 11th Avenue, Suite 904, New York, NY, 10001 Attn: Legal Department. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.

7. PRIVACY

Our Privacy Policy is available on this Site, and by accessing any of our Sites, you are agreeing to be bound by the Privacy Policy. The Privacy Policy and any Additional Terms, along with the Terms of Use, form a part of our agreement with you. Read our Privacy Policy carefully since it describes, among other things, how we collect and use information we obtain when you use our Sites.

8. LIMITATION OF LIABILITY

OUR SITES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NEITHER MIND DIAGNOSTICS NOR ITS OWNERS, LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, MODERATORS, EDITORS, ADMINISTRATORS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING LOSS OF PROFIT) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITES AND/OR THE SERVICES; (ii) ANY CONTENT CONTAINED ON THE SITES AND/OR THE SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITES AND/OR THE SERVICES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITES AND/OR SERVICES; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITES AND/OR SERVICES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITES AND/OR SERVICES; OR (vii) ANY OTHER MATTER RELATING TO THE SITES AND/OR THE SERVICES. IN NO EVENT SHALL THE TOTAL LIABILITY OF MIND DIAGNOSTICS OR ITS LICENSORS TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING ANY OF THE SITES AND/OR SERVICES. MIND DIAGNOSTICS HAS NOT REVIEWED THE THIRD-PARTY WEBSITES THAT MAY BE LINKED TO ANY OF OUR SITES AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE CONTENT OF ANY OFF-SITE PAGES OR ANY THIRD-PARTY WEBSITES OR SERVICES LINKED TO OR REFERENCED IN ANY OF OUR SITES. MIND DIAGNOSTICS DOES NOT WARRANT THAT OUR SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE FROM ERRORS OF ANY SORT OR FREE FROM COMPUTER VIRUSES. MIND DIAGNOSTICS ALSO DISCLAIMS RESPONSIBILITY FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE RELATING TO OUR SITES WHETHER OR NOT CAUSED BY EVENTS BEYOND OUR REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF ANY OF OUR THIRD-PARTY VENDORS, ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE SITES' RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL MIND DIAGNOSTICS' TOTAL LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE DOLLARS ($5.00). Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

9. INDEMNIFICATION

You agree to indemnify, defend and hold Mind Diagnostics and Mind Diagnostics Entities harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys’ fees and disbursements), actions, demands of any person or entity, including personal injury and death, regardless of whether they arise out of or are attributable to any act or omission, negligent or otherwise, of Mind Diagnostics which arise directly or indirectly out of or from (i) your breach of this Agreement; (ii) any allegation that any Content infringes or otherwise violates the copyright, trade secret, trademark or other intellectual property rights of a third party; and (iii) your access or use of the Sites or the Services. This indemnification provision shall apply to third-party claims as well as claims between the parties to these Terms of Use.

10. POSSIBLE ERRORS AND CHANGES

THE INFORMATION ON OUR SITES MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. MIND DIAGNOSTICS RESERVES THE RIGHT TO MAKE ADDITIONS, DELETIONS, OR MODIFICATIONS TO THE CONTENT ON ANY OF OUR SITES AT ANY TIME WITHOUT PRIOR NOTICE. MIND DIAGNOSTICS ALSO RESERVES THE RIGHT TO WITHDRAW ANY OF OUR SITES OR ANY INFORMATION OR CONTENT CONTAINED ON OUR SITES FROM THE INTERNET OR APP STORES AT ANY TIME WITHOUT PRIOR NOTICE. ANYONE USING ANY OF OUR SITES OR THE INFORMATION THEY CONTAIN ASSUMES FULL RESPONSIBILITY OF ANY AND ALL RISKS ARISING FROM OR RELATED TO THE USE OF SUCH SITES OR THE INFORMATION THEY CONTAIN.

11. VISITOR SUBMISSIONS

If any visitor of our Sites makes any voluntary submission (such as email, phone number, name, comment, query, score, or review) to Mind Diagnostics, whether oral, written, or electronic, no confidential relationship shall be established between the visitor and Mind Diagnostics. The visitor's submission, and any information submitted with it, shall be considered non-confidential and shall be considered the sole and exclusive property of Mind Diagnostics.

12. ACKNOWLEDGMENTS, REPRESENTATIONS AND WARRANTIES RELATED TO SITES WHERE INFORMATION CAN BE UPLOADED OR DOWNLOADED

You understand and acknowledge that use of any of our Sites is at your own risk. Mind Diagnostics is not responsible or liable for any visitor postings or third-party content on any of our Sites, including biographical, professional, or any other information provided by Healthcare Provider(s). Mind Diagnostics is not liable for any Content on any of our Websites. You understand that we expressly disclaim any responsibility for any third-party information or material posted at any of our Sites. We have no responsibility for such content and are merely providing access to such content as a service to you.

We make no representations about the reliability of the features of any of our Sites, and disclaim all liability in the event of any service failure. You acknowledge that any reliance on such material and/or systems will be at your own risk. We make no representations regarding the amount of time any content or information will be preserved.

You participate in or operate and use uploaded information and other Sites features at your own risk. If you are dissatisfied with any feature, operability, Content, third-party content, these Terms of Use, other agreements we may impose as a condition of usage, or any other component of our Sites, your sole remedy is to discontinue use of our Sites.

13. INTELLECTUAL PROPERTY

Each of our Sites and its content, including art work, graphics, images, screen shots, text, music, digitally downloadable files, copyrights, trademarks, trade dress rights, logos, product and character names, slogans and the compilation of the foregoing (collectively, part of the "Content") is the property of either Mind Diagnostics or its licensors, and is protected in the United States and internationally under trademark, copyright and other intellectual property laws. Third-party content is used by Mind Diagnostics subject to license, or subject to the fair use provisions of United States trademark and/or copyright laws and applicable provisions in other jurisdictions. Third-party trademarks are the property of their respective owners. All original Content used on our Sites is owned or licensed by Mind Diagnostics for use only on our Sites. Unless specifically noted, you understand and agree that you may not use any Content or third party content appearing at our Sites, including in any publications, in public performances, for any commercial purpose, including in connection with products or services that are not those of Mind Diagnostics, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Mind Diagnostics and/or its licensors, that dilutes the strength of Mind Diagnostics' or its licensor’s property, or that otherwise infringes Mind Diagnostics' or its licensor’s intellectual property rights. Downloadable files are made available for your use subject to the terms herein, and may be used for personal or non-commercial use, provided that you do not violate any of the terms herein, and provided that the copyright notice of Mind Diagnostics appears in all copies of such information. With respect to materials provided to health care professionals, such health care professionals agree to comply with the terms described herein, and may only use Content or third-party content located at any of our Sites if approved in writing by us. Unauthorized use of any Content in any context is prohibited. Nothing contained herein shall be construed as conferring any license or right under any patent, copyright, or trademark of Mind Diagnostics.

14. INFRINGEMENT NOTIFICATION POLICY

We respect the intellectual property rights of others, and ask that you do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, in accordance with the Digital Millennium Copyright Act, please provide the following information to our agent: (a) an electronic or physical signature of the person authorized to act on behalf of the copyright owner; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material you claim is infringing is located on the Site; (d) your address, telephone number, and email address; (e) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement made by you, under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owners behalf. Our agent may be contacted as follows: Mind Diagnostics, 282 11th Avenue, Suite 904, New York, NY 10001 Attn: Legal Department email: [email protected]

15. CONDITIONS OF USE, NOTICES AND CHANGES

We reserve the right, at any time and from time to time, for any reason in our sole discretion, to add to, delete or modify any or all the terms of the Terms of Use or Privacy Policy that apply to you, as well as any of our Sites and/or any Content. We display the effective date of these Terms of Use at the top of this page. If you use any of the affected Sites after the changes become effective, it means you are agreeing to be bound by the changes. You should check on a regular and frequent basis and review the Terms of Use that apply to you so you are aware of the current rights and obligations that apply to you.

16. MISCELLANEOUS

Our Terms of Use, together with our Privacy Policy and any Additional Terms that apply to you constitute the entire agreement you have with us regarding our Sites, Content and other subject matter set forth herein and supersede any and all prior or inconsistent understandings that may apply to the subject matter. If, for any reason, we believe, have reason to believe, suspect or are notified of any act, omission or circumstances which may or could compromise or endanger the health, well-being or safety of any person, cause or lead to damage to persons or property (tangible or intangible), adversely affects, infringes upon or misappropriates the rights of others, harasses or interferes with any other user or person, firm or enterprise, interferes with or bypasses our security or other protective measures applicable to our systems, networks and communications capabilities, breaches or violates our Terms of Use, Privacy Policy, Additional Terms, our Sites, Content or violates any law or regulation, we have the right, reserving cumulatively all other rights and remedies available to us at law, in equity and under our agreement with you, to report and provide information to any and all regulatory and law enforcement authorities and agencies and take any action permitted by law.

17. SEVERABILITY

The illegality, invalidity or unenforceability of any term or condition is severable and shall not affect the rest of the Terms of Use. Headings are purely for reference and shall not affect the meaning of any term or condition. Any provision which must survive to allow us to enforce its meaning shall survive termination.

18. ASSIGNMENT

We may assign our rights and duties under this agreement to any party at any time without notice to you. You may not assign this agreement to anyone else.

19. WAIVERS OF CERTAIN LEGAL RIGHTS

You agree that you will only sue us as an individual. You agree that you will not file a class action, or participate in a class action. You and we agree that any dispute between us can only be brought in binding individual (non-class) arbitration to be administered by the American Arbitration Association (“AAA”). If, for any reason, AAA is not available, you or we may file our case with any national arbitration company. No claim or action relating in any way to this Terms of Use, our Privacy Policy, Additional Terms, our Sites, Content or otherwise with respect to the subject matter, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause of action arose).

20. NOTICE

We may deliver notice to you under this agreement by means of electronic mail, a general notice on the Site, or by written communication delivered by first class U.S. mail to your address on record in your account information, if any. You may give notice to us at any time by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address: Mind Diagnostics, Inc., 282 11th Avenue, Suite 904, New York, NY, 10001 Attn: Legal Department.

21. CONTACT US

If you have any questions about our Terms of Use, please contact us at: [email protected]

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