Welcome to MindwiseHealth.com, operated by AspectN Inc, registered at 1800 Mallory Lane, Suite D, Brentwood TN 37027. The Website is offered conditioned on acceptance of these Terms.
Introduction
- The Website is a Platform where users manage behavioral and mental health concerns.
- By clicking “Accept,” users agree to be bound by these Terms and Conditions.
- Using the Website constitutes agreement to these Terms, which form the Agreement between Users and the Company.
Eligibility of the User
- Users must be at least 18 years old and form binding contracts in compliance with all applicable laws.
- Unauthorized access is strictly prohibited and violates state and local laws.
- The Company may refuse access to any person and change eligibility criteria at any time.
Services Offered by the Platform
- The Platform provides users with tools to manage behavioral and mental health care.
User Agreements and Confirmations
- Users agree to use Services lawfully and comply with applicable regulations.
- Users must provide authentic information; false details result in rejection and debarment.
- Users access Services at their sole risk using prudent judgment.
- Users acknowledge others may post offensive materials or obtain personal information; the Company is not responsible for publicly shared information.
- Users agree not to post unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, or pornographic content.
- Users agree not to post material violating others' rights, including privacy, publicity, copyright, or trademark rights.
- Users agree not to alter, damage, or delete others' Content or interfere with Platform access.
- Users agree to indemnify the Company from claims arising from user acts or omissions.
Warranties, Representation and Undertakings of User
- Users warrant all obligations are legal, valid, binding, and enforceable.
- Users confirm no pending proceedings materially affect their ability to perform.
- Users ensure compliance with all business requirements, including intellectual property and tax obligations.
- Users warrant they have adequate rights under relevant laws to enter the Agreement.
- Users agree the Company will place appropriate disclaimers and Terms of use on the Website.
Intellectual Property Rights
- Users authorize the Company to use their trademarks, copyrights, designs, and logos for reproduction on the Platform. Each party retains all rights not specifically granted.
- The Website and materials are Company property protected by copyright, trademark, and international intellectual property laws. Users may not override usage rules or restrictions.
- The Company grants no other express or implied rights to Services, Content, or intellectual property.
- The Company reserves all rights, title, and interest in the Service and related intellectual property.
Data
- “Data” includes identifiable information about Users generated or collected by the Company, including names, emails, services, phone numbers, and preferences.
- Users agree not to resell or disclose Data to third parties.
- Users acknowledge Services contain confidential Company information and agree not to disclose without written consent.
- By submitting Content, users grant the Company a perpetual, irrevocable, nonexclusive, royalty-free right to use the Content for any purpose including third-party API partnerships, waiving moral rights claims.
- The Company obtains contact information from third-party vendors from public sources and makes no representations regarding accuracy or legality.
Relationship
- Nothing creates a partnership, joint venture, agency, or employment relationship. The Company is not responsible for user acts or omissions, and users do not represent the Company.
Indemnity
- Users indemnify the Company, partners, officers, employees, and agents from losses, damages, claims, and suits arising from intellectual property infringement claims, product quality disputes, warranty breaches, non-fulfillment of obligations, or user violations of laws. This survives termination.
Express Release
- Users release the Company, subsidiaries, affiliates, officers, agents, licensors, and employees from liability for claims, damages, and expenses arising from Website use, accepting risk of fact differences and waiving all statutory and common law remedies.
Limitation of Liability
- The Company is not liable for any loss, injury, or damage arising from transactions under the Agreement.
- Users are solely liable for claims, damages, or allegations and hold the Company harmless.
- The Company is not liable for lost profits, direct, indirect, incidental, consequential, special, or exemplary damages unless deliberately caused by the Company.
Termination
- The Company may terminate if users materially breach terms, fail to cure within 30 days of notice, file for insolvency, or infringe third-party rights.
- Either party may terminate without reason with 30 days' written notice.
Effects of Termination
- Upon termination, the Company discontinues Services immediately.
- The Company is not liable for losses from termination.
- Both parties remain bound to obligations during the notice period; this survives termination.
Governing Law and Dispute Resolution
- The Agreement is governed by Tennessee law without regard to conflict of law provisions.
- Users submit to exclusive Tennessee courts jurisdiction.
- Users release the Company from disputes between users, indemnifying the Company for related claims and damages.
- The Company may remove users and terminate the Agreement if they cannot resolve disputes with others.
Disclaimer
- To the fullest extent permitted by law, the Company and its affiliates disclaim all warranties, express or implied. The Company makes no warranties regarding accuracy, completeness, or linked content, and assumes no liability for errors, personal injury, property damage, unauthorized access, server transmission interruption, viruses, or content loss resulting from Website use.
Notices
- Notices to the Company go to solutions@mindwisehealth.com or 1800 Mallory Lane, Suite D, Brentwood TN 37027.
- Notices are effective when received by email, personal service, air courier, or certified mail. Certified mail is effective five days after deposit.
Amendment
- The Company may modify the Agreement, with changes posted on the Website, effective 30 days after posting, not retroactive, and not applying to prior disputes.
- The Company reserves the right to change, alter, modify, or discontinue the Website without notice or liability.
Force Majeure
- Except for payment obligations, parties are excused from delays or failures resulting from causes beyond reasonable control, including third-party failures, acts of God, government actions, strikes, communications failures, fire, flood, epidemic, or embargoes.
Contact Us
For clarification, contact Hello@MindWiseHealth.com
