PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY.  BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE.  IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES.

DO NOT USE THIS SERVICE FOR EMERGENCY MEDICAL NEEDS.  IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY OR GO TO THE NEAREST OPEN CLINIC OR EMERGENCY ROOM.

IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING TAKING ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS OR IF YOU FEEL THAT YOU OR ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST DISCONTINUE USE OF THE SERVICES IMMEDIATELY, CALL 911 AND NOTIFY APPROPRIATE POLICE OR EMERGENCY MEDICAL PERSONNEL.

1. INTRODUCTION

This terms of use agreement (the “Agreement”) is a legal agreement that governs our relationship with users and others that interact with Mind Tigers Inc. and our subsidiaries and affiliates (the “Company”, “we,” or “us”) in connection with the use of our websites (including www.mindtigers.com) (the “Sites”) and our Services (as defined below).  

We currently make services, products and features available through our Sites, applications, which include Mobile Software and applications available on social networking sites and other platforms, training resources, various reference and communication tools, forums, shopping services and personalized content, and other downloadable products (collectively referred to as the “Services”).

We may offer additional services or products or modify or revise any of the Services at our discretion, and this Agreement will apply to all additional services or products and all modified or revised Services unless otherwise indicated.  We also reserve the right to cease offering any of the Services.  You agree that we shall not be liable to you or any third party for any modification, revision, suspension or discontinuance of any of the Services.

Your use of certain Services may be subject to additional terms and conditions, and such terms and conditions will be either listed in this Agreement, or will be presented or accessible to you by us when you sign up to use, or use, such Services (the “Additional Terms”).  All such Additional Terms are incorporated by reference into this Agreement unless otherwise indicated.  This Agreement does not alter in any way the terms or conditions of any other agreement you may have with us for products, services or otherwise.

All visitors to or users of our Sites or Services, whether registered or not, are “Users” of the Services for purposes of this Agreement.  If you register for the Services by creating an account, you become a “Member”.

This Agreement and any policy or guideline of the Services may be modified by us in our sole discretion at any time.  We shall provide notice of any such modification, which notice shall, at a minimum, consist of posting the revised Agreement to the Sites.  When we change the Agreement, we will update the “last revised” date on this page.  If you are a non-subscribing user or Member at the time of any modification, unless otherwise indicated, any changes or modifications will be effective immediately upon posting the revisions to the Site or Service, and your use of the Service after such posting will constitute acceptance by you of the revised Agreement.  If you are a subscribing Member at the time of any change or modification, unless otherwise indicated this Agreement will continue to govern your membership until such time that your subscription renews.  If you continue your subscription, the renewal will constitute acceptance by you of the revised Agreement.  Alternatively, if you terminate your subscription at such time, your use of the Service after your termination will constitute acceptance by you of the revised Agreement.  As a result, you should frequently review this Agreement and all applicable terms and policies to understand the terms that apply to your use of the Services.  If you do not agree to the amended terms, you must stop using the Services.

You are responsible for obtaining access to the Services and that access may involve third party fees (such as Internet service provider or airtime charges).  You are responsible for those fees, including those fees associated with the display of delivery of advertisements.  In addition, you must provide and are responsible for all equipment necessary to access the Services.

Materials displayed or performed or available on or through the Services may include certain “Content.” Such Content may include (but is not limited to) text, graphics, logos, icons, service marks, data, articles, videos, photos, images, illustrations, User Submissions (as defined below), digital downloads, data compilations, and so forth, which are all protected by United States and international copyright laws, treaties and conventions.

We don’t provide Medical Advice.  The Services are designed to support users in taking care of their emotional health, applying behavioral coping skills, and monitoring mental health symptoms.  While the Services may provide access to certain general medical information, the Services cannot and are not intended to provide medical advice.  WE DO NOT PROVIDE MEDICAL DIAGNOSIS OR MEDICAL TREATMENT, DO NOT MAKE MEDICAL REFERRALS, DO NOT ISSUE PRESCRIPTIONS, AND HAVE NO AUTHORITY WHATSOEVER TO DO SO.  We advise you to always seek the help of a physician or other qualified health care provider with any questions regarding your health or medical conditions.  Never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified health care providers because of something you have read on the Services.  If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately.

You acknowledge that, although users may provide some of the Content through the Services, including information responsive to your questions or postings, the provision of such information does not create a medical professional-patient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is provided to assist you in solving your problem.

No licensed medical professional-patient relationship is created by using the Services or accessing the Content, or through any information or other communications from us.  THE CONTENT OF THE SERVICES IS NOT AND SHOULD NOT BE CONSIDERED MEDICAL ADVICE OR A SUBSTITUTE FOR INDIVIDUAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT.  DO NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS.  IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL 911.  Your use of information provided on the Services is solely at your own risk.  Nothing stated, posted or available on the Services is intended to be, and must not be taken to be, the practice of medicine or the provision of medical care.

2. PRIVACY AND YOUR ACCOUNT

Please review our privacy policy, which also governs your use of the Services, to understand our privacy practices.

We may sell products for children, but sell them to adults who can purchase with a credit card or other permitted payment method.  If you are under 18, you may use the Services only with the involvement of a parent or guardian.  We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Account Enrollment.  To access certain areas of the Services, you may have to first enroll 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 Services and, if applicable, in order for us 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 or nickname when you provide certain personal Contact Information); 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, or we have reasonable grounds to suspect that such Account information is untrue, inaccurate, not current or incomplete, we reserve the right to terminate (or suspend access to) your use of the Services or your Account and refuse any future request(s) to use the Services.  You shall at all times remain responsible for maintaining the confidentiality of your Account password and username (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 accessing and using your Account, either with or without your knowledge.

3. CONSIDERATION

You agree that these terms of use are supported by reasonable and valuable consideration, the receipt and adequacy of which you hereby acknowledge, including, without limitation, your access to and use of the Services and data, materials and information available at or through the Services.

4. RESTRICTIONS ON USE; LIMITED LICENSE

The Content of the Services is our property or the property of our licensors or licensees, protected by United States and international copyright laws, treaties and conventions.  All software used on the Services is our property or the property of our software suppliers and protected by United States and international copyright laws, treaties and conventions.

Any trademarks, service marks, graphics, logos, page headers, icons, scripts and trade names (each, a “Mark“) contained on the Services are proprietary to us or our licensors or licensees.  Our Marks may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among users or that disparages or discredits us or anyone else.  All other Marks not owned by us that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

We grant you a limited license to access and make personal use of the Services.  No Content of the Services owned, operated, licensed, or controlled by us may be copied, reproduced, republished, downloaded (other than page caching), uploaded, posted, transmitted or distributed in any way, or sold, resold, visited, or otherwise exploited for any commercial purpose, except that you may download one (1) copy of the Content that we make available to you for such purposes on a single computer for your personal, noncommercial, home use only, provided that you: (a) keep intact all copyright, trademark and other proprietary rights notices; (b) do not modify any of the Content; (c) do not use any Content in a manner that suggests an association with any of our products, services or brands; and (d) do not download Content so as to avoid future downloads from the Services.  Your use of Content on any other website or computer environment is strictly prohibited.

The license granted to you does not include, and specifically excludes, any rights to: resell or make any commercial use of the Services or any Content; collect and use any product listings, descriptions, or prices; make any derivative use of the Services or Content; download or copy account information for the benefit of anyone else; or use any form of data mining, robots, or similar data gathering and extraction tools.  You may not frame, or utilize framing techniques to enclose, any Mark, Content or other proprietary information, or use any meta tags or any other “hidden text” utilizing any such intellectual property, without our and each applicable owner’s express written consent.  Any unauthorized use automatically terminates the license granted to you hereunder.  You are granted a limited, revocable, and non-exclusive right to create a text hyperlink only to the Sites for noncommercial purposes, provided such link does not portray the Company or its Services, or our licensors or licensees, or their respective products or services, in a false, misleading, derogatory, or otherwise offensive matter.  You may not use any of our or any such party’s intellectual property as part of the link without our and each such party’s express written consent.

5. USE AND PROTECTION OF PASSWORD AND ID.

We may assign a password and account ID to you so you can access and use certain areas of the Services.  Each user who uses such assigned password and ID shall be deemed to be authorized by you to access and use the Services, and we have no obligation to investigate the authorization or source of any such access or use.  YOU ACKNOWLEDGE AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SERVICES BY ANYONE USING THE PASSWORD AND ID ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THE SERVICES IS ACTUALLY AUTHORIZED BY YOU, INCLUDING ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING FINANCIAL OBLIGATIONS FOR PURCHASES THROUGH THE SERVICES) THAT MAY RESULT FROM SUCH ACCESS OR USE.

You are solely responsible for protecting the security and confidentiality of the password and ID assigned to you.  You shall immediately notify us of any unauthorized use of the assigned password or ID, or any other breach or threatened breach of security related to the Services of which you are aware.  You will be responsible for any activity conducted under your assigned password or ID.

6. SYSTEM REQUIREMENTS.

Use of the certain areas of the Services requires Internet access, audio manager software or other software allowing the downloading and storing of audio and audio-visual files in MP3 or other digital format (the “Software“), and, for certain downloadable content, a compatible player device (the “Device“).  We may, at any time and from time to time, in our sole discretion, modify, revise, or otherwise change the system requirements for the Services and the format of any downloadable content, in whole or in part, without notice or liability to you.

Internet access, use of the Software, or use of a Device may result in fees in addition to any fees incurred on the Services.  Software and Devices may require you to obtain updates or upgrades from time to time. Your ability to use the Services may be affected by the performance of the Software, the Device, or your Internet connection.  You acknowledge and agree that it is your sole responsibility to comply with the system requirements of your Software and Device, as in effect from time to time, and to maintain, update, and upgrade your Software and Devices, including the payment of all Internet access, Software, and Device fees without recourse to us.

7. SUBMISSIONS

You may post reviews, comments, photographs, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as none of these materials are illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and do not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.”  You may not use a false e-mail address, impersonate anyone, or otherwise mislead as to the origin of any content.  We reserve the right (but not the obligation) to remove or edit any such content, but we do not regularly review posted content.

Please do not send us any material that you do not intend to be subject to the User-Generated Content License described in this paragraph.  All content described in the immediately preceding paragraph and any and all other information, content or materials that you post or send to us hereinafter collectively is referred to as “User-Generated Content.”  If you post or send any User-Generated Content to us, intentionally or unintentionally, we (and such others as we may designate from time to time) shall have the unrestricted rights to the use thereof for any and all purposes whatsoever, commercial or otherwise, without any further permission from, or any payment to, you or anyone else.  We and our designees also shall have the right (but no obligation) to use the name that you submit, as well as any other name by which you are or may be known, in connection with User-Generated Content.  Without limiting the generality of the foregoing, you hereby unconditionally grant to us a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable universal license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, download, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform User-Generated Content, in whole or in part, by all means and in all media now known or hereafter devised for any and all purposes without further notice to you and with or without attribution (the “User-Generated Content License“).  You agree to the User-Generated Content License whether or not your User-Generated Content is used by us.

You represent, warrant and agree that: you own or otherwise control all of the rights to all User-Generated Content that you post or send to us; that all such User-Generated Content is accurate; use of such User-Generated Content does not violate these terms of use, our privacy policy or the rights of any third party and will not cause injury to anyone; and you will indemnify us and our affiliates and designees from and against all claims arising out of, resulting from or relating to any such User-Generated Content.  We have the right (but no obligation) to monitor, edit or remove any activity or content involving you.  We have no responsibility, and assume no liability, for any User-Generated Content posted or sent by you or by anyone else.

You agree that User-Generated Content will not be subject to any expectation of trust or confidence between us and that no confidential or fiduciary relationship is intended or created between you and us. To the extent that any so-called “moral rights,” “neighboring rights” or similar or analogous rights apply to any User-Generated Content and which are not exclusively owned by us, you agree not to enforce or assign, or permit any third party to enforce or assign, any such rights.

Each time that you access the Services, or post or submit User-Generated Content, you agree that the User-Generated Content License is ratified and confirmed with respect to such User-Generated Content and all User-Generated Content previously posted or submitted by you.

8. THIRD PARTY CONTENT

We may provide third party content on the Services and may provide links to web pages and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information.  We do not control, endorse or adopt any Third Party Content and makes no representations or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness.  You acknowledge and agree that we are not responsible or liable in any manner for any Third Party Content and undertake no responsibility to update or review any Third Party Content.  Users use such Third Party Content contained therein at their own risk.

You should be aware that when you visit the Services, you could be directed to other sites beyond our control including links to or from affiliates and content partners that may use our Marks as part of an affiliate relationship.  When you click on a link that directs you away from the Services, the site to which you are directed may not be controlled by us and different terms of use and privacy policies may apply which you should carefully read and evaluate.  You acknowledge and agree that we are not responsible for examining or evaluating, and that we do not warrant the offerings of, any such third parties or the content of their sites.  We do not assume any responsibility or liability for the actions, products, or content of any third party or any third party site.  We reserve the right to disable links from or to third-party sites, although we are under no obligation to do so.

The Services may contain advertisements and promotions from third parties or may otherwise provide information about or links to third party products or services.  Your dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party.  We are not responsible for, and do not endorse, any features, content, advertising, products, services or other materials on or available from third party sites.  You acknowledge and agree that we are not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of such dealings or as a result of the presence of such third party advertisers or third party information on the Services.

9. DISCLAIMERS

THE CONTENT ON THE SERVICES IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ANY CONTENT (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF ANY OF YOUR EQUIPMENT OR SOFTWARE.  WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING USE, OR THE RESULTS OF USE, OF ANY CONTENT, PRODUCT OR SERVICE CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO THE SERVICES INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY SITE OR SERVICE LINKED TO FROM THE SERVICES (AND SPECIFICALLY NO REPRESENTATION OR WARRANTY OF CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY OR SAFETY).

WE EXPLICITLY DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR AVAILABILITY OF INFORMATION, CONTENT AND MATERIALS FOUND ON SITES THAT LINK TO OR FROM THE SERVICES.  WE CANNOT ENSURE THAT YOU WILL BE SATISFIED WITH ANY PRODUCT OR SERVICE THAT YOU PURCHASE FROM A THIRD PARTY WEBSITE THAT LINKS TO OR FROM THE SERVICES OR THIRD PARTY INFORMATION, CONTENT OR MATERIALS CONTAINED ON OUR SERVICES.  WE DO NOT ENDORSE ANY OF THE MERCHANDISE, NOR HAVE WE TAKEN ANY STEPS TO CONFIRM THE ACCURACY, COMPLETENESS OR RELIABILITY OF, ANY OF THE INFORMATION, CONTENT OR MATERIALS CONTAINED ON ANY THIRD PARTY WEBSITE.  WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION, CONTENT OR MATERIALS (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION) YOU MIGHT BE REQUESTED TO GIVE TO ANY THIRD PARTY.  YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY AND ALL CLAIMS AGAINST US WITH RESPECT TO INFORMATION, CONTENT AND MATERIALS CONTAINED ON THE SERVICES (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT), ON THIRD PARTY SITES, AND ANY INFORMATION, CONTENT AND MATERIALS YOU PROVIDE TO OR THROUGH ANY SUCH THIRD PARTY SITES (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION).  WE STRONGLY ENCOURAGE YOU TO MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY ONLINE OR OFFLINE TRANSACTION WITH ANY THIRD PARTY.

THE SERVICES AND PRODUCTS/SERVICES CONTAINED THEREON ARE NOT SUBSTITUTES FOR THE ADVICE AND TREATMENT OF A LICENSED HEALTH CARE PROFESSIONAL.  NOT ALL PRODUCTS AND SERVICES ARE SUITED FOR EVERYONE.  THE CREATORS OF ANY PRODUCTS/SERVICES DO NOT ASSUME, AND SHALL NOT HAVE, ANY LIABILITY TO USERS FOR INJURY OR LOSS IN CONNECTION THEREWITH.  WE MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL LIABILITY CONCERNING ANY TREATMENT OR ANY ACTION FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE SERVICES.  IF YOU HAVE SPECIFIC CONCERNS OR A SITUATION IN WHICH YOU REQUIRE PROFESSIONAL OR MEDICAL ADVICE, YOU SHOULD CONSULT WITH AN APPROPRIATELY TRAINED AND QUALIFIED SPECIALIST, SUCH AS A PHYSICIAN OR OTHER HEALTH PROFESSIONAL.  NEVER DISREGARD THE MEDICAL ADVICE OF A PHYSICIAN OR OTHER HEALTH PROFESSIONAL, OR DELAY IN SEEKING SUCH ADVICE, BECAUSE OF THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE SERVICES.

YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY.  YOU EXPRESSLY AGREE TO RELEASE AND DISCHARGE ALL INDEMNIFIED PARTIES (AS DEFINED BELOW) FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND YOU AGREE TO VOLUNTARILY GIVE UP AND IRREVOCABLY WAIVE AND RELEASE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST ANY INDEMNIFIED PARTY FOR PERSONAL INJURY OR PROPERTY DAMAGE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

No Guarantee of Results.  We don’t guarantee results or offer medical advice.  Always consult with your professionals.  Any testimonials showing our success or our users’ success are not to be interpreted as common, typical, or expected.  Some testimonials are from users who now work as a Coach.  It takes education, drive and hard work to reach your goals.

10. INDEMNIFICATION

You hereby agree to indemnify, defend, and hold us, and our licensors, licensees, successors, distributors, agents, representatives and other authorized users, and each of their respective officers, directors, owners, managers, members, employees, agents, representatives and assigns (collectively, the “Indemnified Parties“), harmless from and against any and all loss, cost, damage, liability and expense (including, without limitation, settlement costs and legal or other fees and expenses) suffered or incurred by any of the Indemnified Parties arising out of, in connection with or related to any breach or alleged breach by you of these terms of use.  You shall use your best efforts to cooperate with us in the defense of any claim.  We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of the settlement and disposition of any claim that is subject to indemnification by you.

11. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER THAT ARISE OUT OF OR RESULT FROM: (A) THE USE OF, OR ANY INABILITY TO USE, THE SERVICES OR ANY CONTENT OR FUNCTIONS THEREOF; OR (B) ANY ACT OR OMISSION, ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES OR ANYONE ELSE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) THAT YOU MAY SUFFER OR INCUR, UNDER ANY THEORY OF LIABILITY, IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE LESSER OF: (A) THE AMOUNT PAID BY YOU, IF ANY, FOR THE RIGHT TO ACCESS OR PARTICIPATE IN ANY ACTIVITY RELATED TO THE SERVICES; OR (B) $50.00.

UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF THE INDEMNIFIED PARTIES BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY EVENT OF FORCE MAJEURE OR OTHER CAUSE BEYOND OUR OR THEIR CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES.  NEITHER WE NOR ANY OTHER INDEMNIFIED PARTY IS RESPONSIBLE OR LIABLE FOR: (A) ANY INCOMPATIBILITY BETWEEN THE SERVICES AND ANY SITE, SERVICE, SOFTWARE OR HARDWARE; OR (B) ANY DELAY OR FAILURE YOU MAY EXPERIENCE WITH ANY TRANSMISSION OR TRANSACTION RELATED TO THE SERVICES.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS HEREIN AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

APPLICABLE LAW MAY NOT ALLOW CERTAIN OF THE EXCLUSIONS, LIMITATIONS, OR DISCLAIMERS OF LIABILITY SET FORTH IN THESE TERMS OF USE, SO SUCH EXCLUSIONS, LIMITATIONS OR DISCLAIMERS MAY NOT APPLY TO YOU.

12. COPYRIGHT POLICY

We respect the intellectual property rights of others.  If you are a copyright owner or an agent thereof and believe that anything on the Services infringes upon your copyrights, you may submit a notification of infringement pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on our Services (please include URLs to help us identify the material); (iv) your address, telephone number, and email address; (v) a written 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; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.  The Company’s designated Copyright Agent to receive notifications of claimed infringement is: Mind Tigers Inc., Attn: Copyright Agent, 2836 E Donner Dr, Phoenix, AZ 85042, USA (only DMCA notices will be accepted at this address; all other inquiries or requests will be discarded).

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Please note that this procedure is exclusively for notifying the Company and its affiliates that your copyrighted material has been infringed.  The preceding requirements are intended to comply with the Company’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice.  It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

13. AMENDMENT

We reserve the right, in our sole discretion, to change, modify, add or delete portions of these terms of use at any time without notice, and it is your responsibility to review these terms of use for any changes. Your use of the Services following any change to these terms of use will constitute your assent to and acceptance of the revised terms of use.

14. TERMINATION OF SERVICES

You’re free to terminate use of the Services at any time, by contacting us.  Please refer to our privacy policy as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.

The Company is also free to terminate (or suspend access to) your use of the Services or your Account, for any reason in our discretion, including your breach of these terms of use.  The Company has the sole right to decide whether you are in violation of any of the restrictions set forth in these terms of use.

Account termination may result in the destruction of any Content associated with your Account, so keep that in mind before you decide to terminate your Account.  We will try to provide advance notice to you prior to our terminating your Account so that you can retrieve any User Submissions you may have stored in your Account (to the extent allowed by law and these terms of use), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of the Company.

Provisions that, by their nature, should survive termination of these terms of use shall survive termination.  By way of example, all of the following will survive termination: any obligation you have to pay us or reimburse us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

These terms of use are effective until terminated by either you or us.  You may terminate these terms of use prospectively at any time by discontinuing your access to and use of the Services and destroying all materials obtained from the Services and all related documentation and all copies and installations thereof, whether made under these terms of use or otherwise.  If you terminate these terms of use, you shall notify us by sending notice of such termination by certified United States mail, postage pre-paid to: Mind Tigers Inc., Attn: Termination of Terms, 2836 E Donner Dr, Phoenix, AZ 85042, USA.

We may terminate these terms of use (including your access to and use of the Services) without cause and without notice to you, in our sole discretion.  Upon termination, you must cease any access to or use of the Services and destroy all materials obtained from the Services and all related documentation and all copies and installations thereof, whether made under these terms of use or otherwise.  We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of users who are repeat infringers of copyright.

The provisions of these terms of use, which by their nature should survive the termination of these terms of use, shall survive such termination.

15. APPLICABLE LAW AND DISPUTES

These terms of use, your rights and obligations, our rights and obligations, and all actions contemplated by these terms of use, will be governed by the laws of the United States of America and the State of Delaware, without regard to principles of conflicts of law and as if these terms of use were a contract wholly entered into and wholly performed within the State of Delaware.  These terms of use will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

Any dispute relating in any way to your visit to the Services or to products you purchase through the Services shall be submitted to confidential binding arbitration in Sussex County, Delaware, United States of America, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in Sussex County, Delaware, United States of America, and you consent to exclusive jurisdiction and venue in such courts.

Arbitration under these terms of use shall be conducted under the rules then prevailing of JAMS/ENDISPUTE Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration.

The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.  To the fullest extent permitted by applicable law, no arbitration under these terms of use shall be joined to an arbitration involving any other party subject to these terms of use, whether through class arbitration proceedings or otherwise.

16. ELECTRONIC COMMUNICATIONS

When you visit the Services or send e-mails to us, you are communicating with us electronically.  You consent to receive communications from us electronically.  We will communicate with you by e-mail or by posting notices on the Services.  You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

17. MISCELLANEOUS LEGAL PROVISIONS

We may discontinue the Services at any time and for any reason, without notice.  We may change the contents, operation, or features of the Services at any time for any reason, without notice.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these terms of use or your use of the Services.  Nothing contained in these terms of use is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use.  A printed version of these terms of use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms of use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Our failure to enforce any provision of these terms of use or respond to a breach by you or others shall not constitute a waiver of our right to enforce any other provision of these terms of use as to that breach or any other.

If any provision of these terms of use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

These terms of use constitute the entire agreement between you and us regarding the Services and supersedes any prior or contemporaneous agreement regarding that subject matter.

18. USER RESPONSIBILITY 

Any information or content posted or transmitted through the Services is the sole responsibility of the person from whom such content originated.  Additionally, you access all such information and content at your own risk, and we are not liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it.

We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what measures you may take as a result of having been exposed to the Content, and you at this moment release us from all liability for you having acquired or not acquired Content through the Services.

Our Services and the Content provided therein are for informational and educational purposes and are not a substitute for the professional judgment and advice of health care professionals.  THE CONTENT AND THE SERVICES ARE NOT INTENDED TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT.  Persons accessing this information assume full responsibility for the use of the information.  The Company is not responsible or liable for any claim, loss, or damage arising from the use of the information.

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.  You will keep all your Account registration information accurate and current.  You are responsible for all your activity in connection with the Services.

19. PAID SERVICES

a. General.  If you purchase any Services that we offer for a fee (the “Paid Services”), such as a subscription to our Services or paid Content, you authorize the Company and our designated payment processors to store your payment information and other related information.  You also agree to pay the applicable fees for the Paid Services (including without limitation periodic fees for ongoing subscriptions (the “Subscription Fees”) as set forth on the Services) as they become due plus all related taxes (including without limitation sales and use taxes, duties or other governmental taxes or fees), and to reimburse us for all collection costs and interest for any overdue amounts.  All fees and charges are nonrefundable and there are no refunds or credits for any partially used Paid Services (including partially used subscription periods) except (i) as expressly set forth in this Agreement, (ii) as otherwise required by applicable law and (iii) at the Company’s sole and absolute discretion.  Fees for the Paid Services may be payable in advance, in arrears, per usage or as otherwise described when you initially purchase the Paid Services.  All prices for Paid Services are subject to change without notice (except as otherwise described in this Section 19).

b. Payment Method.  The Company may, from time to time, offer various payment methods, including without limitation payment by credit card, by debit card, by check, by certain mobile payment providers or by using PayPal.  You authorize the Company to charge you for Paid Services through any payment method(s) you select when purchasing the Paid Services (the “Payment Method”) and you agree to make payment using such Payment Method(s) (we may, from time to time, receive and use updated payment method information provided by you or that financial institutions or payment processors may provide to us to update information related to your Payment Method(s), such as updated expiration dates or account numbers).  Certain Payment Methods, such as credit cards and debit cards, may involve agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Methods (the “Payment Method Provider”).  If we do not receive payment from your Payment Method Provider, you agree to directly pay all amounts due upon demand from us.  Your non-termination or continued use of the Paid Services reaffirms that we are authorized to charge your Payment Method.  The Company’s Paid Services may also be purchased through your accounts with certain third parties, such as your Apple iTunes account, your Google Play account or your Amazon account (a “Third Party Account”).  If you purchase any Paid Services through a Third Party Account, billing for these Paid Services will appear through your Third Party Account.  You should review the Third Party Account’s terms and conditions, which we do not control.

c. Automatic Renewal of Subscriptions.  IF YOU PAY FOR A SUBSCRIPTION BY CREDIT OR DEBIT CARD (OR OTHER PAYMENT METHOD IDENTIFIED ON OUR SERVICES AS INVOLVING AN AUTOMATICALLY RENEWING SUBSCRIPTION) AND YOU DO NOT CANCEL YOUR SUBSCRIPTION AS SET FORTH IN SECTION 19(d) BELOW PRIOR TO THE END OF THE SUBSCRIPTION TERM, YOUR SUBSCRIPTION WILL BE AUTOMATICALLY EXTENDED AT THE END OF EACH TERM FOR SUCCESSIVE RENEWAL PERIODS OF THE SAME DURATION AS THE SUBSCRIPTION TERM ORIGINALLY SELECTED (FOR EXAMPLE, UNLESS YOU CANCEL, A ONE MONTH SUBSCRIPTION WILL AUTOMATICALLY RENEW ON A MONTHLY BASIS AND A SIX MONTH SUBSCRIPTION WILL AUTOMATICALLY RENEW ON A SIX MONTH BASIS).  UNLESS OTHERWISE INDICATED IN ANY APPLICABLE ADDITIONAL TERMS OR COMMUNICATIONS WE SEND TO YOUR REGISTERED EMAIL ADDRESS, SUCH RENEWAL WILL BE AT THE SAME SUBSCRIPTION FEE AS WHEN YOU FIRST SUBSCRIBED, PLUS ANY APPLICABLE TAXES, UNLESS WE NOTIFY YOU AT LEAST 10 DAYS PRIOR TO THE END OF YOUR CURRENT TERM THAT THE SUBSCRIPTION FEE WILL INCREASE.  YOU ACKNOWLEDGE AND AGREE THAT YOUR PAYMENT METHOD WILL BE AUTOMATICALLY CHARGED FOR SUCH SUBSCRIPTION FEES, PLUS ANY APPLICABLE TAXES, UPON EACH SUCH AUTOMATIC RENEWAL.  YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION IS SUBJECT TO AUTOMATIC RENEWALS AND YOU CONSENT TO AND ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES TO YOUR CREDIT OR DEBIT CARD (OR OTHER PAYMENT METHOD, AS APPLICABLE) BASED ON THIS AUTOMATIC RENEWAL FEATURE WITHOUT FURTHER AUTHORIZATION FROM YOU AND WITHOUT FURTHER NOTICE EXCEPT AS REQUIRED BY LAW.  YOU FURTHER ACKNOWLEDGE THAT THE AMOUNT OF THE RECURRING CHARGE MAY CHANGE IF THE APPLICABLE TAX RATES CHANGE OR IF YOU ARE NOTIFIED THAT THERE WILL BE AN INCREASE IN THE APPLICABLE SUBSCRIPTION FEES.

d. Cancellation of Subscriptions.  TO CHANGE OR CANCEL YOUR SUBSCRIPTION AT ANY TIME, GO TO YOUR ACCOUNT PAGE AND FOLLOW THE INSTRUCTIONS.  IF YOU PURCHASED A SUBSCRIPTION THROUGH A THIRD PARTY ACCOUNT, YOU WILL NEED TO CANCEL YOUR SUBSCRIPTION THROUGH THAT THIRD PARTY AND IN ACCORDANCE WITH THAT THIRD PARTY’S TERMS AND CONDITIONS.  IF YOU CANCEL YOUR SUBSCRIPTION, YOUR SUBSCRIPTION BENEFITS WILL CONTINUE UNTIL THE END OF YOUR THEN CURRENT SUBSCRIPTION TERM, BUT YOUR SUBSCRIPTION WILL NOT BE RENEWED AFTER THAT TERM EXPIRES.  YOU WILL NOT BE ENTITLED TO A PRORATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEES PAID FOR THE THEN CURRENT SUBSCRIPTION TERM, EXCEPT AS REQUIRED BY APPLICABLE LAW.

e. Current Information Required.  You agree to provide current, complete and accurate billing information and agree to promptly update all such information (such as changes in billing address, credit card number or credit card expiration date) as necessary for the processing of all payments that are due to the Company.  You agree to promptly notify the Company if your Payment Method is canceled (for example, due to loss or theft) or if you become aware of a potential breach of security related to your Payment Method.  If you fail to provide any of the foregoing information, you acknowledge that your current Payment Method may continue to be charged for Paid Services and you remain responsible for all such charges.

f. Change in Amount Authorized.  If the total amount to be charged varies from the amount you authorized when purchasing any Paid Services (other than due to the imposition or change in the amount of taxes, including without limitation sales and use taxes, duties or other governmental taxes or fees), the Company will provide notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction.  If you do not cancel your Paid Services before the increased price goes into effect, you agree to pay the increased price for the Paid Services.  You agree that the Company may accumulate charges incurred and submit them as one or more aggregate charge during or at the end of each billing cycle.  The Company will inform you of any additional charges that are accumulated.

g. Incorrect Payments and Errors.  In the event that you submit to us a payment for Paid Services that does not match the price for the Paid Services you selected, the Company shall have the right, in its sole and absolute discretion, to (1) return or refund all or some of the amount of your payment, (2) apply all or some of your payment amount to other similar Paid Services that have a purchase price less than the amount of your payment or (3) apply your payment in any combination of the foregoing ways.  The Company reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

20. COACHING

The Company only works with independent, digitally trained, certified and licensed professional coaches (the “Coach”).  Your relationship with the Coach is strictly with the Coach.  The Company is not involved in the Coach-user relationship and does not interfere, validate or control the coaching methodology unless advocating on behalf of you when following up on a particular complaint.

You are advised to exercise a high level of care and caution in the use of the Coach as you would make in any health decision.  You should never disregard, avoid, or delay obtaining medical advice from your primary doctor or other qualified health care provider or by using or combining the Services with traditional face-to-face appointments; solely because of information you saw on the Services or advice you received through the Coach.  The Company supports a holistic approach to mental fitness and the choices you have to create the best mental fitness journey that matches your individual needs. 

You hereby certify that you are (i) over the age of eighteen (18) or have the legal ability to consent to coaching service or have your parent/guardian consent to coaching service, and (ii) physically located or are a resident of the State or Country you have chosen as your current residency when creating your Account.  You agree to provide your personal contact information and/or the information of a close family member/relation (the “Contact Information”) to your Coach to act as an information source to be used in case of a mental health crisis or other emergency where knowledge of your location is crucial.  You acknowledge that your ability to access and use the Services is conditioned upon the truthfulness of the information you provide regarding your age, residence and Contact Information and that the Coach you access are relying upon this certification in order to interact with you and provide the Services.

You are advised that coaching runs on a schedule that begins and ends on a certain date at a certain time that is determined by your start time on a given date.  There are no refunds for coaching and no refunds or credit for any missed calls.  No part of coaching, including any coupons, passes or invitations, are transferable to another person.  It is incumbent upon the user to dial in to the calls and follow the schedule.  The coaching calls are recorded and may be accessed for research and training purposes.

You affirmatively consent to the fact that our coaching oversight personnel will, as needed, review your particular information for the following purposes:

(i)‍ During your on-boarding and during the Coach assignment process to ascertain you are able to successfully engage with the Coach.  This access to only de-identified information may be accomplished using our on-boarding specialist and not a Coach;

(ii) To review your complaint about a particular issue/instance that your report about your Coach or about a particular language intention with your Coach;

(iii) For your safety concerns or complaints of unethical Coach practices;

(iv) To transition you to a new Coach or if your Account is non responsive or inactive for an extended period of time; or

(v) To address raised quality assurance concern(s) that may apply to an individual Coach, a state-wide compliance issue or a national network issue.

You consent to us recording your calls to Customer Service for Quality Assurance.

You affirmatively grant us permission to have your Coach periodically provide non-content based root cause assessments of your progress to us.  You understand that we provide the Coach with root cause assessment tools that serve to provide information on your mental fitness; and that results can be seen by your Coach to discuss with you.

All de-identified data, meta-data and research data collected by us through your use of the Services remains the sole property of the Company.  We may share some or all of this research data with third parties in connection with joint or outside research, analytics, or similar purposes.  Research data is used in non identifiable aggregate form, that is, as a statistical measure, but not in a manner that would identify you personally.  You shall not request that we remove or delete any of such data.

You acknowledge that we must store all personal data as required by law, typically for no less than seven (7) years, and may not delete such data, even upon your direct request.

Please review our privacy policy, which also governs your use of the Coach, to understand our privacy practices.