These terms of use (as amended from time to time, this "Agreement" or “Terms of Use”) governs your (“User”, “you” or “your”) access and usage of The Mindful Map website www.themindfulmap.com (the "Website"). The Website is the property of The Mindful Map Mental Health Counseling, PLLC., a New York professional limited liability company, together with its affiliates, parent, subsidiaries, successors and assigns (collectively “The Mindful Map” “we” or “our”), and its licensors. By accessing or using the Website, you agree to be bound by this Agreement. This Agreement shall be effective as of the date that you first access the Website, use our Services, or subscribe to our newsletter or marketing materials, whichever date is earlier, and thereby you accept these terms of use (the “Effective Date”). This Agreement hereby incorporates by reference The Mindful Map’s Privacy Policy (as amended, the “Privacy Policy”), The Mindful Map’s HIPAA Policy (as amended, the “HIPAA Policy”), as in effect from time to time as set forth on The Mindful Map’s website and this Agreement, together with The Mindful Map’s Privacy Policy and HIPPA Policy, as each of the same may be amended from time to time shall be referred to herein collectively as (the “Terms and Conditions”). THE MINDFUL MAP HEREBY RESERVES THE RIGHT TO AMEND, ALTER, MODIFY, REPLACE OR SUSPEND, FROM TIME TO TIME IN ITS SOLE DISCRETION, ALL OR ANY PORTION OF THE TERMS AND CONDITIONS. Your use of The Mindful Map’s Website after changes to any of the Terms and Conditions are posted on The Mindful Map’s Website will constitute your acceptance of any such amendments and modifications.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE WEBSITE OR THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE WEBSITE. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE MINDFUL MAP’S WEBSITE.
This Website does not provide medical advice. The contents of the Website, including (without limitation), information, text, graphics, images, audio, video, illustrations, written postings, links, tools, data, interactive features, executable files, information obtained from The Mindful Map or its licensors, and any other material and information contained on the Website, or in newsletters, books and products made available by The Mindful Map and its licensors from time-to-time (collectively “Content”) are for informational purposes only. The Content is not to be considered medical advice, diagnosis or treatment, nor is it intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay seeking it because of something you have read on the Website.
If you think you may have a medical emergency, call your medical professional or 911 immediately. Reliance on any Content is solely at your own risk.
We may update the Content from time to time, but the Content is not necessarily complete or up to date. Any of the Content may be out of date at any given time, and The Mindful Map is under no obligation to update such Content.
You must be over thirteen (13) years old in order to access the Website and/or access any Content provided by The Mindful Map through use of the Website (collectively, “Services”), provide any personal information, or otherwise submit personal information through the Services or Website, including, but not limited to, your name or email address. Furthermore, by using the Services, you affirm that either you are at least 18 years of age or have been authorized to use the Services by your parent or legal guardian who is at least 18 years of age and entered into this Agreement on your behalf.
The Mindful Map will make available to you certain Services. The functionality or form of these Services may change without prior notice to you. The Mindful Map retains the right to expand or create limits on and related to use of the Services in its sole discretion at any time with or without notice. The Mindful Map may also impose limits on certain Services or aspects of those Services or restrict your access to parts or all of the Services without notice or liability, pursuant to the terms of this Agreement. The Mindful Map may change, suspend, or discontinue any or all of the Services at any time, including the availability of any feature, database, or Content.
The Mindful Map wants to ensure that certain behaviors do not jeopardize our users, threaten our infrastructure or damage our community. As such, The Mindful Map prohibits the following activities with respect to the use of its Services and Website:
You do not need to register with The Mindful Map’s Website in order to navigate and explore the Website. As a condition to using certain Services or receive certain updates, however, you may be required to enter your name, email address, and mobile phone number. You acknowledge and agree that all information provided to The Mindful Map will be accurate, current and complete. The Mindful Map reserves the right to terminate this Agreement and your use of the Website and Services at any time in its sole discretion.
Subject to your compliance with this Agreement, The Mindful Map grants User a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to access and make use of the Website and Services in accordance with the terms of this Agreement. The Mindful Map does not endorse or make any warranties or representations with respect to the accuracy, fitness, completeness or timeliness of any Content posted on the Website.
The Mindful Map’s Website may contain links to third party websites for your convenience and it does not indicate any approval or endorsement by The Mindful Map of any linked website or any product or material contained on any linked website. The Mindful Map does not control the linked websites or the content provided through such websites. Your use of linked websites is subject to the privacy practices and terms of use established by the specific linked website, and The Mindful Map disclaims all liability for such use. By accessing any third party website or content, User does at its own risk and agrees that (except as otherwise required by non-waivable applicable law) The Mindful Map will have no liability arising from your use of or access to any third party website or content.
The Mindful Map respects third party intellectual property rights. As such, The Mindful Map developed a Copyright and Trademark Infringement Policy where third parties who believe their copyright or trademark rights have been violated can submit complaints to The Mindful Map. The Copyright and Trademark Infringement Policy is available at Click Here
The Website is owned and operated by The Mindful Map and its licensors, and the Services (and any intellectual property and other rights relating thereto) are and will remain the exclusive property of The Mindful Map and its licensors. The Website and the Services are protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. Except as otherwise expressly set forth in this Agreement, you may not copy, reproduce, duplicate, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile, disassemble, use or otherwise exploit for any commercial purpose any part of the Website or any Service without The Mindful Map’s prior written permission. Use of the Website or any Services for any other purpose beyond the terms of this Agreement is strictly prohibited. YOU ACKNOWLEDGE AND AGREE THAT YOU DO NOT ACQUIRE ANY OWNERSHIP RIGHTS BY USING THE WEBSITE OR ANY SERVICES.
Nothing contained in this Agreement, the Website or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any intellectual property of The Mindful Map or its licensors without the express written permission of The Mindful Map or The Mindful Map’s licensors (respectively).
You assign all rights, title and interest in any feedback, innovations or suggestions sent by You to the Company regarding the attributes, performance or features of our Service (“Feedback”). If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
This Agreement is effective from the Effective Date and shall remain effective until terminated in accordance with its terms. The Mindful Map may immediately terminate this Agreement, and/or your access to and use of the Website and Services, or any portion thereof, at any time and for any reason, with or without cause, without prior notice or liability. This Agreement will also terminate automatically if you fail to comply with any term or provision of this Agreement.
The Mindful Map reserves the right at any time and from time to time to modify, discontinue, temporarily or permanently, the Website, the Services, or any part or portion thereof, with or without notice to User. You agree that The Mindful Map shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website or any Services, or any part of portion thereof. Upon termination of your access to or ability to use a Service your right to use or access such Service will immediately cease. Sections 1, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 shall survive the termination of this Agreement.
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE CONTENT, THE INFORMATION AND THE SERVICES, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE INFORMATION AND WEBSITE IS CURRENT AND/OR UP-TO-DATE ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
THERE IS NO WARRANTY, REPRESENTATION OR GUARANTEE THAT THE WEBSITE OR THE SERVICES, OR YOUR USE OF THE WEBSITE OR THE SERVICES, WILL BE UNINTERRUPTED, COMPLETE, ACCURATE, CURRENT, RELIABLE, ERROR-FREE, SECURE, OR THAT ANY PROBLEMS WILL BE CORRECTED, OR THAT THE WEBSITE, OR ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THE WEBSITE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION REGARDING THE USE OF, OR THE RESULTS OF THE USE OF THE WEBSITE EITHER IN TERMS OF ITS COMPATIBILITY WITH HARDWARE OR OTHER SOFTWARE OR EQUIPMENT, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED, AND YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND/OR SERVICES, CONTENT AND INFORMATION AND YOUR RELIANCE THEREON.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MINDFUL MAP AND ITS, MANAGERS, MEMBERS, OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUCCESSORS AND/OR ASSIGNS (COLLECTIVELY THE “MINDFUL MAP PARTIES”) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM OR RELATING IN ANY MANNER TO THE WEBSITE, INFORMATION, SERVICES, CONTENT AND/OR ANY LINKED WEBSITE, WHETHER OR NOT THE MINDFUL MAP HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO THIS WEBSITE, THE INFORMATION, SERVICES, CONTENT OR ANY LINKED WEBSITE IS TO STOP USING THE WEBSITE, SERVICE, CONTENT, OR LINKED WEBSITE, AS APPLICABLE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY EXPRESSLY WAIVE ANY AND ALL CLAIMS AGAINST THE MINDFUL MAP PARTIES THAT MAY ARISE FROM YOUR ACCESS OR USE OF THIS WEBSITE OR SERVICES (INCLUDING THE CONTENT).
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY. IN THESE STATES, EACH PARTY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to fully indemnify, defend, and hold The Mindful Map Parties harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of this Agreement; (b) your activities in connection with the Website or other websites to which the Website is linked; and/or (c) your negligence or willful misconduct.
You agree that for any dispute you have with The Mindful Map, you will contact The Mindful Map first and attempt to resolve the dispute with us informally. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND THE MINDFUL MAP ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its choice of law provisions. The parties hereby irrevocably submit and consent to the jurisdiction of all federal and state courts in New York and hereby irrevocably agree that the sole venue for all disputes under this Agreement shall lie exclusively in New York County, New York.
If any provision of this Agreement (or the Terms and Conditions) is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement (or the Terms and Conditions) and shall not affect the validity and enforceability of any remaining provisions. In such case, the invalid or unenforceable provision shall be replaced by a valid, enforceable provision that most closely matches the intent of the original provision, and the validity and enforceability of any remaining provisions shall not be affected. The Terms and Conditions is the entire agreement between you and The Mindful Map relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between the parties with respect to such subject matter. This Agreement may not be changed, waived or modified except by The Mindful Map as provided herein or otherwise by written instrument signed by The Mindful Map. Neither this Agreement nor any right, obligation, or remedy hereunder is assignable, transferable, delegable, or sub-licensable by you except with The Mindful Map's prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. The Mindful Map may assign, transfer, or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
You have independently sought the use of the Website, and The Mindful Map has not otherwise solicited use of the Website. You are not receiving anything of value as inducement to use the Website.
The Mindful Map welcomes your questions or comments regarding the Terms of Use at Dave@themindfulmap.com.