Terms of Use
By accessing the MindHealth Management website at http://mindhealthmanagement.com (the “Site”) or utilizing any of the services offered by MindHealth Management, Inc., a Tennessee corporation (“Company” or “MHM”) or the Site (“Services”), you agree to be bound by the terms and conditions set out below. These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service. If You disagree with any part of these Terms and Conditions, then You may not access the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
No Warranty or Representation
While MHM uses reasonable efforts to include accurate and up-to-date information on the Site, your use and browsing of the Site is at your risk. Nothing in the Site, including product or service information, shall add to or change any contract for products or services you may have with MHM, its suppliers or affiliates. Neither MHM, its alliance partners, suppliers, affiliates nor any other party involved in creating, producing, or delivering the Site is liable for any direct, indirect, incidental, special, consequential, punitive or other damages whatsoever including business interruption, loss of use, data, information, profits (regardless of the form of action, including but not limited to contract, negligence or other tortious act) arising out of or in connection with your access or use of the Site even if MHM has been advised of or foresees the possibility of any damages occurring. Without limiting the foregoing, everything on the Site is provided to you “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, BUT NOT LIMITED TO, IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR INTEROPERABILITY OF PRODUCTS OR SERVICES. Changes or updates to the contents of this Site may occur without notice.
Nature of Services
Our Service is to provide you with access to a network of counselors and therapists operated by a third-party. MHM does not provide professional mental health services, counseling, or therapy services to individuals. While we believe that our third-party network service provider and the individual therapists and counselors provide quality care in accordance with industry standards, MHM does not control, is not responsible for and makes no representation as to the results that you may expect from the services provided by an individual therapist or counselor.
Use of Information
You hereby agree that you shall not use any information contained in this Site or the links to this Site in any claims, proceedings, suits, or actions against MHM, its suppliers or affiliates. You may not post, publish, reproduce, transmit or otherwise distribute information or material on the Site: (a) constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability; (b) which is protected by copyright, or other intellectual property right or derivative works thereof, without obtaining permission of the copyright holder; (c) otherwise use this Site in a way that is contrary to law or which would adversely impact use of the Site or the Internet by other users including the posting or transmitting of other information or software containing viruses or other disruptive components.
Links to Other Sites
This Site may contain links to other websites that are not under the control of MHM and MHM is not responsible for and makes no representations, warranties or conditions concerning the contents of any linked site or any link contained in a linked site. It is your responsibility to verify any information contained within the links before relying on it. Also, the information contained in the links may be changed or updated at any time without notice. MHM provides links to you only as a convenience and the inclusion of any link does not imply endorsement, investigation, or verification by MHM of the linked site. Your use of the linked sites may be subject to terms and conditions contained in these websites, which you should locate and review.
Monitoring of Site
MHM is under no obligation to monitor the Site and assumes no responsibility or liability should its content be modified or altered in any way without MHM’s consent.
Revisions
MHM may at any time revise these Terms and Conditions by updating this posting. You should therefore review these Terms and Conditions each time you access the Site.
Product Descriptions
MHM attempts to be as accurate as possible. However, MHM does not warrant that product descriptions or other content of this Site is accurate, complete, reliable, current, or error-free. If a product offered by MHM is not as described, your sole remedy is to return the product or as described in the contractual agreement with MHM or return the product. Price and availability information is subject to change without notice.
Viruses
MHM assumes no responsibility and shall not be liable for any damages to or viruses that may infect your computer equipment or other property on account of your access to, use of or browsing in the Site or your downloading of any materials, data, text, or images from the Site.
Right of Indemnification
You agree to defend, indemnify, and hold MHM, its suppliers, alliance partners, affiliates, and related companies harmless from any and all liabilities, costs and expenses, including reasonable legal fees related to any violation of these Terms and Conditions by you, or in connection with your use of the Site or with the placement or transmission of any message or information on the Site by you.
Waiver
MHM’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or rights contained in these Terms and Conditions.
Governing Law
By visiting the Site, you agree that these Terms and Conditions shall be governed by the laws of the State of Tennessee. Venue for any dispute arising out or relating to the Services or these Terms and Conditions, lies exclusively in the court of Williamson County, Tennessee.
Prices
All prices are quoted in United States dollars and do not include applicable taxes. We reserve the right to change any price at any time.
No Solicitation
The Site and the information contained herein does not constitute an offer or a solicitation of an offer for the purchase or sale of any securities.
Territories
The Site originates in the State of Tennessee, United States. Our products and services are offered in the United States and Canada where permitted by law. Some products and services referred to on the Site may not be available in all areas.
Placing Orders for Services
By placing an Order for services through the Service, You warrant that You are legally capable of entering into binding contracts.
Your Information
If You wish to place an order for services, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, and Your billing address.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct, and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
Order Cancellation
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
• availability
• Errors in the description or prices for services
• Errors in Your Order
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
Subscriptions
Subscription period
The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly), depending on the type of Subscription plan you select when purchasing the Subscription.
At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it, or the Company cancels it.
Subscription cancellations
You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period, and You will be able to access the Service until the end of Your current Subscription period.
Billing
You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information.
Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Fee Changes
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
Refunds
Except when required by law, paid Subscription fees are non-refundable.
Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
Payments
All services purchased are subject to either a one-time payment or a recurring monthly payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards, or online payment methods (PayPal, for example).
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
Restrictions on Use of Services
You understand that you are responsible for all Content that you post, upload, transmit, email, or otherwise make available on the Site or in connection with the Services (collectively, "User Content"). Additionally, you acknowledge that you have no expectation of privacy or confidentiality with respect to your User Content. Accordingly, please choose User Content carefully.
You agree not to use the Services to:
• Post, upload or otherwise transmit or link to Content that is: unlawful; threatening; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; offensive; excessively violent; invasive of another's privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; libelous; hateful; or discriminatory;
• Violate the rights of others including patent, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;
• Harass or harm another person;
• Exploit or endanger a minor;
• Impersonate or attempt to impersonate any person or entity;
• Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Services, including our servers, networks or accounts;
• Cover, remove, disable, block or obscure advertisements or other portions of the Services;
• Delete or revise any information provided by or pertaining to any other user of the Services;
• Solicit, collect or request any personal information for commercial or unlawful purposes;
• Post, upload or otherwise transmit an image or video of another person without that person’s consent;
• Engage in commercial activity (including but not limited to advertisements or solicitations of business) without our prior written consent;
• Use the Services to advertise or promote competing services;
• Use the Services in a manner inconsistent with any and all Applicable Law;
• Attempt, facilitate, induce, aid and abet, or encourage others to do any of the foregoing.
We reserve the right, but disclaim any obligation or responsibility, to remove User Content that violates these Terms, as determined by us, or for any other reason, in our sole discretion and without notice to you.
We reserve the right to limit the storage capacity of User Content. You assume full responsibility for maintaining backup copies of your User Content, and we assume no responsibility for any loss of your User Content due to its being removed by us or for any other reason.
Your Proprietary Rights in and License to Your User Content
By posting or transmitting any User Content on, through or in connection with the Services, you hereby grant to the Company and our licensees, assignees, and authorized users a worldwide, perpetual, irrevocable, non-exclusive, fully-paid and royalty-free, freely sublicensable, transferable (in whole or in part) right (including any moral rights) and license to use, modify, excerpt, adapt, publish, translate, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, sublicense, and distribute such User Content, including your name, voice, likeness and other personally identifiable information to the extent that such is contained in User Content, anywhere, in any form and on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or any non-commercial or commercial purposes. Additionally, the Company is free to use any ideas, concepts, know-how, or techniques contained within such User Content for any purpose including, but not limited to, developing, manufacturing, marketing, and providing commercial products and services, including the Services. Our use of such User Content shall not require any further notice or attribution to you and such use shall be without the requirement of any permission from or any payment to you or any other person or entity. You hereby appoint the Company as your agent with full authority to execute any document or take any action the Company may consider appropriate in order to confirm the rights granted by you to the Company in this Agreement. Subject to the foregoing license, we do not claim any ownership rights in the User Content that you post, upload, email, transmit, or otherwise make available on, through or in connection with the Services.
You represent and warrant that: (i) you own the User Content Transmitted by you on, through or in connection with the Services, or otherwise have the right to grant the license set forth in this Section, and (ii) the transmission of User Content by you on, through or in connection with the Services and Third Party Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any User Content Transmitted by you on or through the Services or Third-Party Services.
If you delete your User Content from the Site, our license to such User Content will end after a reasonable period of time necessary for the deletion to take full effect. However, the User Content may be retained in the back-up copies of the Site, which are not publicly available. Furthermore, to the extent that the Company made use of your User Content before you deleted it, the Company retains the right to make such pre-existing uses even after your User Content is deleted. You acknowledge that (i) deletion of your User Content from the Site will not result in, and we assume no responsibility for, the deletion of such User Content by any third parties who were provided with or had access to such User Content prior to your deleting it from the Site, and (ii) termination of your account or your use of the Services will not result in the immediate or automatic deletion of your User Content consistent with this Agreement.
Removal of Material that Infringes Copyrights
We respect the intellectual property of others and require that our users do the same. We reserve the right to remove or disable access to any transmission of Content that infringes the copyright of any person under the laws of the United States upon receipt of a proper notice that substantially complies with the requirements of 17 U.S.C. § 512(c)(3).
If you believe material on the Services infringes your copyright.
If you believe that any material residing on or linked to from the Services infringes your copyright, you must send us a written notification of claimed infringement to legal@mindhealthmanagement.com that contains substantially all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Services (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner's behalf; and (f) your physical or electronic signature. We can be notified of claimed infringement at:
If you posted material to the Service that was removed due to notice by a copyright owner.
If you posted material to the Services that we removed due to a notice of claimed infringement from a copyright owner, you may provide a written counter-notification to legal@mindhealthmanagment.com that includes substantially all of the following: (i) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (ii) a statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (iii) your name, address, telephone number; (iv) a statement by you, made under penalty of perjury, that you are the owner of the exclusive rights to the material in question or that you are authorized to act on the owner's behalf; (v) a statement by you that the above information in your notification is accurate; and (vi) your physical or electronic signature.
Please note that, under 17 U.S.C. §512(f), any person who knowingly makes material misrepresentations in a notification of claimed infringement or any counter-notification may be liable for damages.
Your Exposure to Others' User Content
You understand that we do not control the User Content posted by users via the Services or Third-Party Services and, as such, you understand you may be exposed to offensive, inaccurate, or otherwise objectionable User Content. We assume no responsibility or liability for User Content. If you become aware of any misuse of the Services, including in violation of any “Restrictions on Use of Services," please report it immediately to us. We assume no responsibility for monitoring the Services for inappropriate User Content or user conduct. If at any time, we choose in our sole discretion to monitor the Services, we nonetheless assume no responsibility for Content other than Company Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any user.
Third Party Content
We have no editorial control over content supplied by third parties and users of the Service. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including User Content, are those of the respective author(s) or distributor(s) and not of the Company. In many instances, the content available through the Services represents the opinions and judgments of the respective information provider or user. We neither endorse nor are responsible for the accuracy or reliability of any opinion, commentary, analysis, advice, or statement made on the Services by any third-party or user.
Promotions
Any Promotions made available through the Service may be governed by rules that are separate from these Terms.
If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
User Accounts
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.
Intellectual Property
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.