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.
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:
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”).
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.
Mind Diagnostics does not directly employ any Healthcare Providers matched through the Sites. Instead, Mind Diagnostics may work with independent Healthcare Providers. As a result, your relationship with any Healthcare Provider is strictly with such Healthcare Provider. Mind Diagnostics is not involved in the Healthcare Provider-patient relationship and does not interfere, validate or control the Healthcare Provider’s treatment. As such, you should always exercise a high level of care and caution when working with any Healthcare Provider, just as you would making any mental health, medical treatment, or other medical or health-related decision.
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 ANY HEALTHCARE PROVIDER, 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.
Users of the Sites are encouraged to add their voices by:
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:
With respect to your Reviews, you represent, warrant and covenant that:
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.
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.
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.
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.
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.
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.
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@example.com
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.
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, 282 11th Avenue, Suite 904, New York, NY, 10001 Attn: Legal Department.
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