TERMS OF USE
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Please read these terms of use carefully ("Terms"). These Terms govern and apply to your access and use of the Service offered by Mind and Mend and PISTA Therapy website and support channels. By accessing or using the Service, you agree to comply with and to be bound by all of the terms and conditions described in these Terms. If you do not agree to all of these terms and conditions, you are not authorized to use the Service. The terms “you,” “your,” and “yourself” refer to the individual user of the Service.
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You hereby certify that you are over the age of eighteen (18), and physically located or a resident of the State you have chosen as your current residency when creating your Account. You acknowledge that your ability to access and use the Service is conditioned upon the truthfulness of this certification and that the therapists you access (“Coach[es]”) are relying upon this certification in order to interact with you. In the event that your certification is inaccurate, you agree to indemnify Mind and Mend, PISTA Therapy, Nova Palm Foundation and the Coaches you interact with from any resulting damages, costs, or claims.
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Account Enrollment
To access the Service, you must first register to establish an individual user account (“Account”), by providing certain information. You agree that you will not create more than one Account, or create an Account for anyone other than yourself without first receiving permission from the other person. In exchange for your use of the Service and, if applicable, in order for providers to send notices to you, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by our Account enrollment form (understanding you may use an anonymous user name); and (ii) each time you log on, maintain and promptly update such Account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, we have reasonable grounds to suspect that such Account information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your Account and refuse any and all current or future use of the Service. You shall at all times remain responsible for maintaining the confidentiality of your Account password and user name (if any) and any other security information related to your Account. We will not be liable for any loss that you incur as a result of someone else using your Account, either with or without your knowledge.
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Acceptable Use
You agree not to access or use the Service in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes these Terms. You shall not post, use, store or transmit (i) a message or information under a false name; (ii) information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person; or (iii) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others. You shall not attempt to disrupt the operation of the Service by any method, including through use of viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding or spamming. You shall not use the Service in any manner that could damage, disable or impair the Service. You shall not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper or other means to access the Service for any purpose. Neither we nor its affiliates are under any obligation to respond to messages posted on the Service. You are solely responsible for the information or material you post on the Service.
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Service Fees
Payment for use of the Service is used for software development, overhead, administrative services and other corporate costs and fees, including transaction fees for credit card usage. Part of your payment, accounted for separately, is remitted to the Coach for the clinical services provided to you. You agree to pay all fees and charges associated with your Account on a timely basis and according to the fee schedule, the terms and the rates as published by Mind and Mend and PISTA Therapy from time to time. Such fees and charges (including any taxes and late fees, as applicable) may be charged on the credit card provided during the initial setup of your Account. You agree to maintain valid credit card information in your Account. By providing Mind and Mend and PISTA Therapy with credit card information you authorize us to bill and charge your credit card.
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Intellectual Property
All of the content available on or through the Service is the property of Mind and Mend and PISTA Therapy or its licensors and is protected by copyright, trademark, patent, trade secret and other intellectual property law. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through the Service to any third party. All software and accompanying documentation made available for download from the Service is the copyrighted work of Mind and Mend and PISTA Therapy or its licensors. Any copy made of information obtained through the Service must include all applicable copyright notices.
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"Mind and Mend," "Buddy System," and “PISTA Therapy” are copyright terms. All rights reserved. Subject to the terms of this Agreement, Mind and Mend and PISTA Therapy by grants you a limited, revocable, non-transferable and non-exclusive license to use the software, network facilities, content and documentation on and in the Service to the extent, and only to the extent, necessary to access and use the Service.
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The license granted herein does not permit you, and you agree not to: (i) modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Service or allow a third party, whether directly or indirectly (including, but not limited to the direct or indirect use of wizards, agents, bots, or other utilities), to modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Service; or (ii) transfer, distribute, sell, lease, rent, disclose or provide access to the Service to any third party or use the Service to provide service bureau, time sharing or other services to third parties.
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Hyperlinks
Any hyperlink, button or referral device of any kind used in the Service is provided for your use and convenience. The appearance of a link does not constitute an endorsement, recommendation, or certification by Mind and Mend and PISTA Therapy, nor should the presence of a link in any way be construed as a suggestion of its relationship with a third party website. We do not endorse the content on any third-party websites. We are not responsible for the content of linked third-party websites or third-party advertisements, and do not make any representations regarding its content or accuracy. Mind and Mend and PISTA Therapy do not knowingly link to websites that may infringe on valid and existing trademarks, service marks, copyrights or patents. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites.
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Termination
Mind and Mend and PISTA Therapy may suspend or terminate your access to the Service at any time, for any reason or for no reason at all. We have the right (but not the obligation) to refuse to provide access to the Service to any person, agency or organization at any time, for any reason or for no reason at all, in our sole discretion. We reserve the right to change, suspend, or discontinue all or part of the Service, temporarily or permanently, without prior notice.
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You affirmatively grant Mind and Mend and PISTA Therapy permission to have your Coach periodically provide non content based clinical assessments of your progress to the Support Escalation Team. You understand that the Support Escalation Team provides the Coaches expert advice to assist them in your goal of an improved mental health and well-being. The result of these escalations is discussed by your Coach with you as well.
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All data captured during registration and collected by Coaches during consultations remains the sole property of Mind and Mend and PISTA Therapy. You agree that the email username you provide can be used by us to send you marketing offers from the Platform.
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You agree that Mind and Mend and PISTA Therapy may collect and use all data provided to or created by the Service in compliance with Mind and Mend and PISTA Therapy Privacy Policy.
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Special Programs
Mind and Mend and PISTA Therapy participate in research studies with select Universities and research groups. You may be offered the opportunity to participate in these studies. These studies may include separate agreement forms, waivers and confidentiality terms that you will have to review and accept separate from these Terms.
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This document was last updated on 03 July, 2017.