Website User Agreement

Last Modified: February 16, 2024

Acceptance of Website User Agreement

This Website User Agreement is entered into by and between you and Mindpath Health (“Mindpath Health,” “we,” “us,” or “our”). The following terms and conditions, together with any documents they expressly incorporate by reference (the “Website User Agreement”), govern your access to and use Mindpath.com, including any content, functionality, and services offered on or through the website (the “Website”).

Please read this Website User Agreement carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by this Website User Agreement and our Privacy Policy, incorporated herein by reference. If you do not want to agree to this Website User Agreement or the Privacy Policy, you must not access or use the Website.

Medical Disclaimer

Mindpath Health and its marketing affiliates do not provide medical advice, diagnosis, or treatment through the Website. The contents of our Website — such as text, graphics, images, and other material — are not intended to diagnose, treat or cure any disease, nor provide any medical opinion or advice. Any subsequent interactions with us, such as with phone operators, are for informational purposes only.

The information provided is for general informational purposes only and is not to be taken as medical advice or treatment information. This information is no substitute for medical diagnosis and guidance from a licensed health care professional. Consult a licensed health care professional regarding all matters relating to your health, particularly concerning any symptoms that may require diagnosis or medical attention. Do not disregard medical advice or delay or change treatment because of something you have read on our Website.

Although we may cite certain medical procedures, perspectives, and products, our Website does not recommend or endorse any specific tests, physicians, facilities, products, procedures, opinions, or other information that may be mentioned on the Website. Reliance on any information provided by Mindpath.com, our employees, others appearing on the Website at the invitation of Mindpath.com, or other visitors to the Website is solely at your own risk.

While we strive earnestly to update our Website’s resources for consumers and professionals, any individual reliance on this information is at the individual’s own risk. We do not guarantee the accuracy of the information found herein, and further disclaim all liability or responsibility for injury or impairment experienced by any users who utilize any resources, information, or concepts. For specific medical questions, please consult a licensed healthcare professional.

Changes to the Website User Agreement

We reserve the right to change this Website User Agreement and the terms and conditions herein at any time, and you agree to abide by the most recent version posted on the Website each time you view it. Your continued use of the Website following the posting of the revised Website User Agreement means that you accept and agree to the changes. Accordingly, you are urged to reference the conditions set forth each time you access the Website. Failure to follow these terms and conditions shall be construed as a violation of this Website User Agreement.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of this Website User Agreement and comply with it.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential and not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Website Use Agreement.

Ownership and Intellectual Property Rights

Unless otherwise stated, all content contained herein, including but not limited to, the graphic images, audio, video, text, html codes, and buttons contained herein and their arrangements, are owned or licensed by Mindpath Health and/or its contributors and may not be copied, reproduced, republished, posted, transmitted or distributed in any way without the prior written consent of Mindpath Health. Nothing contained on the Website shall be construed as conferring by implication, estoppel, or otherwise, any license or right to any copyright, patent, trademark, or other proprietary interest of Mindpath Health or any third party. All trademarks used or referred to on the Website are the property of Mindpath Health and/or their respective owners.

This Website User Agreement permits you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

You must not:

  • Modify copies of any materials from the Website.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: [email protected].

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Website User Agreement, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Mindpath Health. Any use of the Website not expressly permitted by this Website User Agreement is a breach of this Website User Agreement and may violate copyright, trademark and other laws.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with this Website User Agreement.

You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material which does not comply with this Website User Agreement.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate Mindpath Health, a Mindpath Health employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Mindpath Health or users of the Website or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

Reliance on Information Posted

The information provided on the Website is free of charge and for informational purposes only and does not create any relationship between you and Mindpath Health or any of its officers, shareholders, owners, employees, affiliates, or representatives. Links on the Website may lead to services or websites not operated by Mindpath Health. No judgment or warranty is made with respect to such other services or sites, and Mindpath Health takes no responsibility for such other sites or services. A link to another site or service is not an endorsement of that site or service. Any use you make of the information provided on the Website, or any website or service linked to or by the Website, is at your own risk.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Disclaimer of Warranties

Mindpath Health makes no representation or warranty of any kind with respect to the Website or any service accessible through the Website. TO THE FULLEST EXTENT PERMITTED BY LAW, MINDPATH HEALTH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, RELATED TO THE WEBSITE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE AND ALL CONTENT, PRODUCTS, AND SERVICES RELATED TO OR OTHERWISE OFFERED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. MINDPATH HEALTH IS NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, ERRONEOUS DELETION, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF YOUR USE OF THE WEBSITE. WE DO NOT WARRANT THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES, PRODUCTS, OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES, PRODUCTS, OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES, PRODUCTS OR ITEMS OBTAINED THROUGH OUR WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITE LINKED TO THEM.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL MINDPATH HEALTH, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON THE WEBSITE, ANY OF THE FEATURES OR FUNCTIONALITIES OF THE WEBSITE, ANY CONTENT ON THE WEBSITE, ANY PRODUCTS, SERVICES, OR ITEMS PROVIDED TO YOU OR OTHERWISE OBTAINED BY YOU THROUGH OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, OR ANY ACT OR OMISSION, ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR ANYONE ELSE.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, PAIN, AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF DATA, USE, BUSINESS, GOODWILL, REVENUE, PROFITS OR ANTICIPATED SAVINGS, OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.

IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL, OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF MINDPATH HEALTH UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify and hold harmless Mindpath Health, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to: (i) the, the information contained within the Website,  (ii) the inability to access or use the website, (iii) your violation of law, Website User Agreement, or our Privacy Policy; (iv) any other use or misuse of the Website; or (v) infringement of a third party’s intellectual property or other rights by you, or another user of the Website using your computer, device or account.

Governing Law and Jurisdiction

Mindpath Health currently maintains the Website in North Carolina, U.S.A. By using the Website and agreeing to this Website User Agreement, you agree that any legal action or proceeding relating to the Website shall be governed by the laws of the State of North Carolina without reference to its choice of law rules, and without regard to where in the world you are located, or from where in the world you have visited the Website. The user is responsible for complying with the laws of the jurisdiction from which the user is accessing the Website and agrees that he/she will not access or use the information on the Website in violation of such laws.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS WEBSITE USE AGREEMENT OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by Mindpath Health of any term or condition set forth in this Website Use Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Mindpath Health to assert a right or provision under this Website Use Agreement shall not constitute a waiver of such right or provision.

If any provision of this Website Use Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Website Use Agreement will continue in full force and effect.

Entire Agreement

This Website User Agreement and our Privacy Policy constitute the sole and entire agreement between you and Mindpath Health with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website.

Your Comments and Concerns

This website is operated by Mindpath Health, located at 3835 N. Freeway Blvd., Suite 100, Sacramento, CA 95834.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: [email protected].