Terms and Conditions

MindArch Health - Terms of Use

Last Updated: September 27, 2024

Welcome to MindArch Health

This website (www.mindarchhealth.com) and the MindArch Health web application (the “App”) are owned and operated by MindArch Health Inc. (referred to collectively here as "we," "us," "our," or "MindArch Health"). By using the website, the App and any other related services offered by us (collectively the "Service(s)") you acknowledge that you have read and understood the most recent version of our Terms of Use; you also acknowledge that you accept and agree to be bound by (i) these Terms of Use and all subsequent modifications thereof; (ii) our Privacy Policy, which is incorporated by reference into these Terms of Use, and (iii) any additional terms disclosed to you if you purchase or have purchased additional features, products or services we may offer on/with the Service(s). These Terms of Services (these “Terms”) form a legally binding agreement between you (referred to here as “you” and “your”) and MindArch Health (each, a “Party” and collectively, the “Parties”). These terms govern your use of the Services as part of your participation in the MindArch Health Services.

Your privacy is important to us. We encourage you to read our Privacy Policy, carefully, and use it to help make informed decisions. 

MindArch Health reserves the right, in our sole discretion, to change these Terms of Use at any time. Such changes will become effective upon notification, such as by sending you notice by email and/or posting a revised Terms of Use on the Services, and your use of the Services after such notice constitutes acceptance by you of the changes. You agree to review the Terms of Use periodically to be aware of any such revisions.

If you do not accept and agree to be bound by these Terms of Use, please do not use the Services.  By using the Services, or any of the Services, you are agreeing to be bound by these Terms of Use and each of the other agreements specifically incorporated by reference.

OUR CONTENT CONTAINED ON AND WITHIN THE SERVICES ARE SUGGESTED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. NOTHING ON THIS WEBSITE, SHOULD BE CONSTRUED AS MEDICAL, THERAPEUTIC, LEGAL, FINANCIAL, TAX, OR ANY OTHER KIND OF PROFESSIONAL ADVICE. THE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, COUNSELING, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN, PSYCHIATRIST, OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE ENCOUNTERED ON THIS WEBSITE.  WE DO NOT WARRANT THAT THE SERVICES OR ITS CONTENTS WILL BE ERROR-FREE, ACCURATE, TIMELY, NONOFFESIVE, UNBIASED, OR RELIABLE, ALTHOUGH EFFORTS WILL BE MADE TO CORRECT ERRORS WHEN FOUND. RELIANCE ON ANY INFORMATION PROVIDED BY THE SERVICES IS SOLELY AT YOUR OWN RISK.  

IF YOU ARE HAVING A HEALTH EMERGENCY OR MENTAL HEALTH CRISIS YOU SHOULD IMMEDIATELY CALL 911 (HEALTH EMERGENCY) OR 988 (MENTAL HEALTH CRISIS). DO NOT USE OR RELY ON THE MINDARCH HEALTH WEBSITE OR SERVICES FOR ASSISTANCE.

1. Eligibility

The content of the Services is intended for people at least 18 years of age. By visiting or using the Services, or accepting the Terms of Use, you represent and warrant to MindArch Health that you will use the Services in a manner consistent with any and all applicable laws and regulations and that you:      

• are 18 years of age or older; 

• have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions of these Terms of Use; AND

• are not otherwise barred from using the Services or App under the laws of any state, the United States, or other applicable jurisdiction. 

2. Usage and Registrations

To fully utilize or access the Services you must register to our Services through our Services Agreement. Registration grants a User access to the App and the full range of features and services within the MindArch Health Services.  The terms of any Services Agreement you sign with us take precedence over these terms of use if there is any conflict between the two.

3. Illegal and Unauthorized Use

Once you've registered on the Services, the account you create is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. Illegal and or unauthorized use of the Services, including but not limited to collecting personal information, usernames, or email addresses of users by electronic or other means for the purpose of sending unsolicited email, unauthorized embedding, unauthorized framing of or linking to the Services is prohibited and may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive relief. MindArch Health has the right to investigate and refer you to applicable law enforcement authorities if you have misused the Services or the Services, taken any actions in breach of these Terms of Use or the Privacy Policy, or if you have conducted actions that are fraudulent, abusive, harmful, unlawful or illegal.

4. Your Account Security

You are responsible for keeping your password for the Services confidential. You are fully responsible for all actions and activities that occur under your username and password. MindArch Health will not be held liable for any damage or loss arising from your inability to comply with this provision. To help keep your username and password secure and confidential, we recommend that you log out of your account at the end of each session, especially when on a public machine. If you feel that your username and password have been breached, or that your account has had unauthorized use, you agree to immediately notify MindArch Health.

5. Communication and Privacy

We may use your email address or MindArch Health account to contact you about important changes to the Services or special offers. By registering as a User, you hereby consent to receive email messages in connection with the provision of the Services. You must notify us in advance if you cancel or change your email address attached to your account. To do so, please apply edits directly in your profile of the Services.

6. Acceptable Use Policy

The following is a list of rules that govern your conduct in connection with your use of the Services (“Permitted Use”). You represent, warrant and agree that:

• You will not pretend to be any person or entity other than yourself.

• You will not imply or state that any statements you make are endorsed by MindArch Health without our prior written consent.

• You will not use the Services to promote, condone, endorse, distribute, publish, or post any material that solicits money, funds, or people.

• You will not use the Services to advertise or solicit for commercial goods or services.

• You will not harass, annoy, intimidate, threaten or other engage in any unreasonable conduct toward any MindArch Health employees or agents engaged in providing the Services to you.

• You will not use the Services and/or the Services to transmit, upload, or distribute any electronic/computer viruses, spyware, adware, trojan horses, or anything else that might cause  harm to other users of the Services, MindArch Health, the online community, or MindArch Health systems.

• You will not use a robot, spider, manual/automatic processes or devices to data-mine, data-crawl, scrape, or index the Services in any manner.

• You will not attempt to discover any underlying components of the Services and its systems. 

• You will not hack or interfere with the Services, its servers, or any connected networks.

• You will not modify the Services and/or the Services for your own personal or commercial purposes. This includes, but is not limited to, altering, adapting, licensing, sublicensing, or translating the Services and/or the Services. You also agree that you will not aid others in such activities.

• You will not remove or alter, visually or not, any copyrights, trademarks, or proprietary marks and rights owned by us.

• You will not forge, manipulate, or plagiarize messages, communications, headers, or identifiers to make it seem like such Content is from MindArch Health or its users when in fact it is not.

• You will not post, publish, display, or transmit in any way, any proprietary information, copyrighted material, and trademarks that do not belong to you without first obtaining the prior consent of the owner of such rights. Note, however, that MindArch Health may provide or promote content on the Services which is posted by RR specifically with the encouragement that users share such content.  

If MindArch Health determines, in its sole discretion, that you have breached any portion of the Rules above or of these Terms of Use, or have otherwise demonstrated inappropriate conduct, MindArch Health reserves the right to: (a) warn you that you have violated the Terms; (b) delete Content (as defined below) that you have provided; (c) suspend or terminate your account or any subscriptions without refund; (d) notify and/or send your Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (e) pursue to any other action which MindArch Health, in its sole discretion, deems to be appropriate.

7. Content Provided by You

Any content ("Content") provided by you to us through the chat features of the Services, by email or otherwise shall remain your sole and exclusive property. You are fully and solely responsible for all of the Content that you provide or transmit to us. You agree that you will not provide any inaccurate, misleading or false information to MindArch Health or any other user. If information provided to MindArch Health subsequently becomes inaccurate, misleading or false, you will immediately notify MindArch Health of such change.

All information you provide to us must be accurate, current and complete. You may not use the Services to transmit any defamatory, inaccurate, abusive, profane, offensive, threatening, harassing, racially offensive, or illegal material and doing so may result in in MindArch Health terminating your account without a refund. Also, you may not transmit any material that infringes or violates another party's rights (including but not limited to intellectual property rights, rights of privacy, and copyright rights). We encourage you to immediately report to MindArch Health any inappropriate Content or misconduct that you become aware of on the Services.

MindArch Health reserves the right at any time and without notice to review and delete any offending content or files that, in the sole judgment of MindArch Health, violate these Terms of Use or which might be offensive or illegal, or that might violate the rights, harm, or threaten the safety of yourself or other users. We also reserve the right to terminate the accounts of violators at any time and without notice. MindArch Health, in our sole discretion, reserves the right to look into, investigate, and take appropriate legal action against anyone who violates these Terms of Use. The following is a list of the kind of Content that is illegal or prohibited in connection with your use of the Services:

• Content that advocates, endorses, condones, or promotes harassment of others, or Content that actively or indirectly harasses others.

• Content that is offensive and harmful, or that advocates, endorses, condones, or promotes racism, bigotry, hatred, or physical harm of any kind against any individual or group of individuals.

• Content that involves the creation of or transmission of spam, unsolicited mail, junk mail, chain letters, advertisements or commercial solicitations.

• Content that engages others in promotional, commercial activities, or sales without MindArch Health's prior written consent, including, but not limited to, sweepstakes, contests, pyramid schemes, or advertising.

• Content that provides materials or access to materials that exploits people in an abusive, violent, or sexual manner.

• Content that you know, or should reasonably know, is false, inaccurate, misleading, or promotes illegal activities.

• Content that is abusive, threatening, obscene, libelous, or defamatory.

• Content that is, uses, promotes, or links to an illegal or unauthorized copy of another person's copyrighted work or intellectual property.

• Content that provides instructions on how to conduct, or that advocates for, illegal activities.

By providing Content to MindArch Health, you are granting, and represent and warrant that you have the right to grant MindArch Health, an irrevocable, perpetual, transferable, sub-licensable, non-exclusive, fully paid, royalty-free, worldwide license to host, store, use, integrate in other works, copy, alter, adapt, edit, display, publish, reproduce, translate, and market such Content for the purposes of allowing us to provide the Services hereunder or for otherwise fulfilling our obligations under this Agreement . You agree that use of such Content by MindArch Health in public postings, marketing uses, and other areas will not infringe or violate the rights of any third party and shall indemnify us as set forth in Section 11 below in the event the Content does so.

8. Copyright, Trademarks, and Other Proprietary Information

You agree not to post or transmit in absolutely any manner any copyrighted Content, copyrighted material, trademarks, intellectual property, or other proprietary information without first having obtained prior consent of the owner of the rights to such proprietary information. If you believe that someone or some entity has copied or posted your work or proprietary information in association with MindArch Health and its Services, in an unauthorized manner that constitutes infringement of copyright, please reach out to our Copyright Agent with the following information:

• A physical or electronic signature of the individual or entity who owns the copyright;

• A description of and url link to the copyrighted work that you believe has been infringed upon;

• Your postal mailing address; 

• Your telephone number; 

• Your email address; and

• A written statement by you that you believe, in good faith, that the usage of the work is not authorized or consented upon by the rightful copyright owner.

A written statement made by you, under penalty of perjury, that the information in your copyright claim is completely accurate and that you are in fact the rightful copyright owner, or that you have authorized consent to act on the copyright owner's behalf.

Send claims to:

MindArch Health Inc. 

Address: 196 North Main Street, Sayville NY 11782

Attn:  Copyright Agent

Email: support@mindarchhealth.com

9. Our Proprietary Rights

Our Website contains trademarks, copyrighted material, intellectual property, and other proprietary information of MindArch Health. We own, control, or retain licenses to all proprietary rights in the Services. You may not copy, alter, duplicate, transmit, post, publish, display, sell, or publish any of our proprietary information, unless the information is in the public domain or we have given you explicit written permission.

In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to the Services (collectively "Feedback"), you agree we may use the Feedback to modify our Services and that you will not be due any compensation, including any royalty related to the product or service that incorporates your Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same.

10. Product and Pricing Information

Products available for sale on our website are sold and serviced by our third party partner SquadLocker (https://www.squadlocker.com/email-us) to whom all questions or issues concerning price, payment policy, product availability, shipping, returns, packaging and materials should be directed. We recommend that you do not rely solely on the information presented on the website and that you always read labels, warnings, and directions before ordering or using a product, or contact SquadLocker as directed above with any questions or requests for additional information. We have made every effort to display as accurately as possible the colors and images of our available products. We cannot guarantee that your computer monitor’s display of any color will be accurate. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors on the website will be corrected.

There may be information on our website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on the website is inaccurate at any time without prior notice (including after you have submitted your order).

11. No Warranties or Guarantees

MindArch Health does not warrant, and is not responsible for, any inaccurate or incorrect Content that is provided or transmitted by our employees or that is associated with the Services in any way. We are not responsible for the actions, words, or conduct, whether online, offline or otherwise, by any user of the Services. We are also not responsible for any unauthorized access to the accounts of our users. MindArch Health is not responsible for any damage to users, including but not limited to, loss, damage, personal injury, theft, or death resulting from anyone's use of the Services. We are not responsible for any technical malfunction, failure, or damage to your computer as a result of using or visiting the Services.

12. Limitation of Liability

YOU UNDERSTAND AND AGREE TO USE THE SERVICES AT YOUR OWN RISK. MINDARCH HEALTH'S SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION UNDER LAW.

YOU ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. WE DO NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF THE INFORMATION PROVIDED BY ANYONE TO MINDARCH HEALTH, OUR PARTNERS OR ANY USER OF THE SERVICE OR ANY OTHER PERSON OR ENTITY. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH INFORMATION SHALL BE AT YOUR SOLE RISK. YOUR CONTINUED USE OF THE SERVICES NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE TERMS OF USE, WILL CONSTITUTE A BINDING ACCEPTANCE BY YOU OF THESE TERMS OF USE, OR ANY SUBSEQUENT MODIFICATIONS.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL MINDARCH HEALTH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS WHATSOEVER CAUSED BY YOUR USE OR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT DISTRIBUTED BY MINDARCH HEALTH AS WELL AS ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OR INABILITY TO USE THE MINDARCH HEALTH SERVICES OR OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THE SERVICES, NO MATTER WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER CAUSE OF ACTION, AND REGARDLESS OF WHETHER MINDARCH HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL MINDARCH HEALTH BE LIABLE TO YOU OR TO ANY THIRD PARTY UNDER THIS AGREEMENT FOR DAMAGES THAT EXCEED THE AMOUNTS PAID BY YOU TO MINDARCH HEALTH UNDER THIS AGREEMENT.

THIS LIMITATION OF LIABILITY SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.

SOME JURISDICTIONS LIMIT THE AVAILABILITY OF SUCH LIMITATION OF LIABILITY, IN WHICH CASE THE PROVISIONS OF THIS SECTION MAY NOT APPLY TO YOU.

13. Indemnity and Release

You agree to hold harmless, defend, and indemnify MindArch Health, all officers, founders, executive management, subsidiaries, licensors, advertisers, merchants, licensees, directors, owners, partners, agents, affiliates, advisors and employees against and from all losses, claims, demands, costs, liability, lawsuits, damages, expenses, and attorney's fees due to, arising from, or relating in any way to your access to or use of our Services, your Content, your conduct toward others, or your breach of these Terms of Use or the Privacy Policy. You agree to cooperate fully with MindArch Health as is required by such a claim. MindArch Health has the right, at its own costs and in its sole discretion, to defend itself fully and exclusively in relation to any claim of indemnification by you.

You hereby release MindArch Health and all officers, founders, executive management, subsidiaries, licensors, advertisers, merchants, licensees, directors, owners, partners, agents, affiliates, advisors and employees from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Services and/or the Services, including but not limited to, any interactions with MindArch employees or contractors or other users of any kind arising in connection with or as a result of these Terms of Use or from your use of the Services and/or the Services. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

14. Interactions with Third Parties and External Sites

The Services may contain links to third party websites that are not owned or controlled by MindArch Health, or that may be accessible by logging in through a third party website, as described more fully in our Privacy Policy. You hereby represent and warrant that you have read, understand, and agree to be bound by all applicable policies of any third party website in any way connected through, or relating to, your use of the Services and that you will act in accordance with those policies, in addition to your obligations under this Agreement. MindArch Health has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of, or opinions expressed in any third party websites. In addition, MindArch Health will not and cannot monitor, verify, censor or edit the content of any third party site. By using the Services, you expressly relieve and hold harmless MindArch Health from any and all liability arising from or in any way connected to your use of any third party website.

Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that MindArch Health shall not be responsible or liable for any loss or damage of any sort incurred as the result of or in any way connected to any such dealings. If there is a dispute between users and any third party, you understand and agree that MindArch Health is under no obligation to become involved.

15. Termination or Modifications

MindArch Health reserves the right, whenever, to end, discontinue, terminate, temporarily or permanently stop in part or in full the Services and Services, with or without notice. You agree that MindArch Health shall not be liable to you or any other party for ending, discontinuing, suspending, terminating or permanently stopping the Services or Services. MindArch Health reserves the right to modify the Services whenever we choose, at our sole discretion.  

16. Governing Law

Any dispute regarding these Terms of Use, your use of the Services, your relationship with MindArch Health, or any action contemplated by these Terms of Use shall be governed by the laws of the State of New York without regard to its conflict of law rules.

17. Severability

These Terms of Use and any Services Agreement you enter into with us contain the entire agreement between you and MindArch Health regarding the use of the Services. With the exception of any Services Agreement that you enter into with us, these Terms supersede all previous agreements, representations, and arrangements between us, written or oral. If any provision of these Terms of Use is held invalid, the remainder of these Terms of Use shall continue in full force and effect.  

18. Miscellaneous

These Terms of Use are not assignable, transferable or sublicensable by you without the prior written consent of MindArch Health. MindArch Health may assign these Terms of Use in whole or in part without your consent. No agency, partnership, joint venture or employment is created as a result of these Terms of Use.

Headings are for convenience only and have no legal or contractual effect. All notices under these Terms of Use shall be in writing and shall be deemed to have been duly given when receipt is electronically confirmed, if transmitted by facsimile or email or upon receipt, if sent by certified or registered mail, return receipt requested, except as otherwise provided by these Terms of Use.  Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

MindArch Health shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, power outages, acts of civil or military authorities, fire, floods, natural disasters, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. 

19. Feedback

If you have any questions, concerns or notices of violation of these terms, please email us at support@mindarchhealth.com

Copyright 2024 MindArch Health Inc.