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MindQuire.com and MindQuire Terms of Use For Therapists

By clicking that you accept the Therapist's Supplemental Terms and Conditions of Use of MindQuire.com, you agree to abide by the MindQuire.com Terms and Conditions, and these Supplemental Terms (collectively "Terms"). These Terms constitute a legally binding contract between you, the Therapist ("Therapist") and Vitaboard, LLC ("Company," "MindQuire"). Vitaboard, LLC owns and operates the MindQuire.com Website ("Site"), and owns or licenses the software and other services offered on or through the Site (collectively the "Services"). You acknowledge that you have legal authority to enter into this contract on behalf of yourself, and as a legally authorized respresentative of the company listed in your registration.

We reserve the right to change, modify, add, or remove portions of these Terms at any time. You agree to check these Terms periodically for changes. Your continued use of our Site following the posting of changes to these Terms, including but not limited to the Privacy Policy, will mean you accept the changes. You represent and warrant to MindQuire that you will fully comply with our Terms and Conditions of Use, the Supplemental Terms of Use, and the Privacy Policy. If you do not agree with the Terms, please do not use the Site. The Terms outline the legal obligations of Company and you, the user, and also outline what you can and cannot do while accessing the Site and Services.

Our Privacy Policy outlines our policy to respect the privacy and enjoyment of users. Please be sure to read our Privacy Policy. Both the Therapist's Supplemental Terms of Use and the Privacy Policy are incorporated by reference into the Terms.

Therapists. Our Site and Services are designed to provide a series of tools for a professional, licensed therapist ("Therapist") to offer to a Client who has registered with our Site and Services ("Member"). We provide Members with ways to track and graph symptoms and perform a form of psychotherapy homework to share with their Therapist. This is not a substitute for medical care, professional counseling, or for the direct oversight of a Client's care. A Therapist must monitor the Client offline, and regularly review their Client's Account online. It is the Therapist's sole responsibility to report any concerns or issues expressed by Members of the Site and Services, directly and immediately to the Member's parents or legal guardian. MindQuire is a conduit of information and activities, but in no way monitors Member Submissions, or any Submissions for that matter.

Registration. By registering as a Therapist ("Therapist") you have the ability to access our community of tools to enable you and your patients/clients ("Clients") who register with our Site as Members to share information with each other within our Site and Services. As a MindQuire-Registered Therapist, you are allowed to invite all your clients/patients for whom you consider MindQuire will provide useful tools. You understand that our Services are not a substitute for healthcare, and that it is your sole and exclusive responsibility to oversee and supervise the care of your Client, and to regularly monitor your Account and the account(s) of your Clients who are participating as your Members. Our Site and Services may offer various marketing options provided by us from time to time, including the marketing of your practice in our Therapist Directory listing ("Directory"). When you register with MindQuire, you will have the option to enroll in our Directory which is displayed to visitors to our Site and Members.

When you register as a Therapist, we will ask for your practice/company name ("Practice"), your first and last name, mailing address, telephone number, license number, state(s) in which you are licensed, profession, and email address. This information is confidential, used for administrative purposes, and is not shared with users.

During registration you will create a therapist's code ("Therapist's Code") that you will then provide to your Clients who you invite to join MindQuire. Your Clients will need this Therapist Code in order to create their account and link it to your Account, in order for you to have access to the information they enter through their Account. Clients are only given access to MindQuire while under the care of a psychotherapist. You understand and agree not to share this Therapist Code with anyone, other than those Clients who you have invited to join MindQuire. You further agree that if a Client is under the age of 18, but over the age of 16, or legally incompetent, you will receive written consent from his/her parent or legal guardian before providing a Therapist Code and invitation to join MindQuire. At MindQuire's request, or pursuant to a legal request, you will provide such written consent, with the identifying names redacted, confirming consent prior to the distributon of the Therapist Code. This Site and Services should not be accessed by anyone under the age of sixteen.

Before activating your Therapist Code, MindQuire will confirm that you are licensed to practice psychotherapy or medicine. If we fail to confirm your active and unrestricted license in a state, your account will be cancelled. We reserve the right to cancel your account for this reason or for any reason. If your license is ever restricted or revoked, you must inform us immediately. You agree to keep all contact information, including the status of your license, your practice, and your email address, updated and accurate.

HIPAA and HITECH Act. You agree and warrant that you will at all times comply with the requirements of the Healthcare Portability and Accountability Act of 1996, and the Health Information Technology For Economic and Clinical Health Act. By registering with our Site and Services, you warrant compliance with federal and state laws for both your Practice and for those who you contract with to provide services to your Practice, including but not limited to those third parties that are considered "covered entities" or Business Associates under federal or state laws. At all times, you will employ industry standards to safeguard privacy, and to comply with all legal requirements, including but not limited to consent, notice, data collection, and the providing or posting of a terms of use and privacy policy on your website. You are to immediately notify us in the event you or your Practice is under a criminal investigation, privacy investigation, or any other type of investigation.

Parental Consent. In addition to other legal requirements outlined herein, you warrant that: (i) you have fully disclosed information about our Site and Services, including the Terms of Use and Privacy Policy, to your Client or if appropriate, the Client's parent or legal guardian; and (ii) that if a Client is over the age of sixteen (16) years but under the age of eighteen (18) years old, or legally incompetent, you have received written consent from the parent or legal guardian of the Client before providing that Client with an invitation and Therapist Code. Such consent is required prior to receiving an active Therapist Code. At MindQuire's request, or pursuant to a legal request, you will provide such written consent, with the identifying names redacted, confirming consent prior to the distributon of the Therapist Code. Absolutely no one under age 16 should access our Site or Services.

Account Activity. In the event you know or suspect unusual activity on the Site by your Members, such as uncharacteristic Submissions that could indicate users are not your Clients, it is your responsibility to contact us immediately at support@mindquire.com.

Fees and Refunds. When therapists register with MindQuire their subscription includes the ability to give free access to MindQuire to all the clients/patients that they consider will benefit from accessing our Site and Services, the option to be listed in our Therapist Directory and access to our Encrypted Messaging system. Click here to learn more about our pricing. MindQuire wants to make it easy for you to use and explore our Site and Services. To cancel your subscription at any time, go to "Manage Account". Our fees are subject to change upon thirty (30) days notice with such notice provided at any time by posting the changes to the Site and by sending an email or message. You acknowledge that you have legal authority to enter into this Agreement, and that you are either the account holder of the credit card to be used, or you have received authorization from the credit card holder to charge the credit card for the indicated amount.

Your Submissions. We want you to benefit from MindQuire. All Submissions, including but not limited to all communications between you and Members through our Site and Services ("Account Submissions"), and Directory listings or forums ("Public Submissions") should not reference any person or practice by a personally identifiable name such as first and last name, (other than yourself), or provide any other personally identifiable information about any person or entity other than yourself and your Practice. You must not upload a photo of any individual unless you have received their written permission. You must not use the terms, service marks, or trademarks of another company, or any version thereof (including misspellings or terms that sound similar) in your Submissions, including your Directory listing. You decide how much information you want to share with users. In the event changes are made to any requirements, such as formatting, we will post these changes on the Site. It is your responsibility to update your formatting or other information in compliance with our requirements.

You must own, possess the licensed rights, or be the authorized representative of the owner of all information, including but not limited to the photos, text, copyrights, terms, comments, descriptive terms or trademarks ("Content") to publish, submit, post, upload, or transmit this Content, and Submissions on or through our Site and Services. You must own the intellectual property rights for any Submissions that you upload to our Site, or be the authorized representative of the owner, possessing the rights to upload Submissions. In the event we suspect or have been notified of an alleged copyright issue (i.e. you are not the creator in whole or part), we will remove this Submission. We bear no responsibility for the Submissions you upload, transmit, or post through our Site or Services, including communications between you and Members and Directory listings.

MindQuire has sole discretion to determine what is acceptable, and may remove links, Content, Submissions, or text at any time; although MindQuire is in no way acting as a moderator or editor of Content, Promotions, or Submissions. For additional information, please refer to the Submissions clause contained in the Site's Terms of Use.

Process. Once registered, you will have access to "Manage Account", which manages all of your Submissions, including but not limited to your Directory listing. You are solely responsible for your Submissions, and for compliance with our Terms. If any inappropriate Submission is submitted, and we become aware of it, we will freeze this Submission or take this Submission down, or we will contact you by email and ask that you resubmit your Submission. Please be sure that your Submissions are properly formatted and edited. Anytime you want to update your information, including your Directory, subscription, or your contact information, you do so by accessing "Manage Account".

Directory Links to Websites. You may create links to your general website home page, but NOT to products or to other pages within your website. You are prohibited from providing links or references to sites that: (i) feature the same or similar content as MindQuire, or sites of a similar subject matter; or (ii) are promotions for products, services, or directories.

Correspondence. You agree not to email any users or Members of our Site unless you have acquired the proper opt in or consent to do so outside the Site. MindQuire bears no responsibility for any communications between you and users, including but not limited to Members. You agree to comply with the CAN-SPAM Act.

Rights and Restrictions on Use. You shall use the Site and Services for lawful purposes only. You shall not post, upload, or transmit any material that (i) violates or infringes in any way upon the rights of others including but not limited to, any intellectual property rights, the right of privacy, or publicity; (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, sexually explicit, or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law; (iv) is false, inaccurate, misleading, or may or will result in harm, or injury to person, animal, or property. You are prohibited from using the Services to (i) facilitate mail abuse or unsolicited email of any type (Spam); (ii) deliver viruses, Trojan horses, malware, or the like, or other programming routines that may damage or interfere with the Site or Services; (iii) create liability for us, or cause us to lose (in whole or part) the services of our ISPs or other suppliers; or (iv) bypass any security features (including the use of another person's user name to access the Site) or encryption tools that we may use to prevent or restrict access to all or parts of the Site. You further agree that you will not use the Site or Services to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services of any kind, unless expressly authorized to do so by MindQuire as outlined with the Terms. We reserve the right to refuse service to users for any reason. If your account has been terminated for any reason, you may not re-register as a Therapist without our prior written consent. We may alter, suspend or discontinue any aspect of the Site or Services at any time, including the availability of any feature, program, Directory listing, or Content. We may also impose limitations on certain features and aspects of the Site or restrict access to all parts of the Site or Services without notice or liability. In the event you breach any of our restrictions, we may at our sole discretion issue a warning or immediately suspend your account. We may terminate your account for any reason or no reason at all, in our sole discretion.

License Grant to MindQuire. Unless otherwise specified, we do not claim ownership of your Submissions. You retain copyright in the material you submitted. However, by posting, uploading, inputting, providing, or transmitting your Submissions, you are granting MindQuire permission to use your Submissions in connection with the operation of its business. We will maintain your copyright notices where applicable. You grant us a royalty-free worldwide license to display, use, perform, reproduce, translate, transmit, distribute and publish via our Site or Services any information you send us for the purposes outlined within the context of the Submission. You also grant us a limited, royalty-free worldwide license to display, use, perform, reproduce, translate, transmit, distribute and publish your Public Submission to advertise our Site for marketing, publicity, and promotional purposes, with appropriate copyright notices given where applicable.

DISCLAIMER OF WARRANTIES. THE MATERIALS AND THE INFORMATION OFFERED ON AND IN THE SITE OR THROUGH SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT YOUR ACCEPTANCE AND USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MINDQUIRE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE RELATED TO THE USE OF THE SITE AND SERVICES. MINDQUIRE DOES NOT WARRANT THAT THE SITE, SERVICES, COMPUTER SYSTEMS OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT MINDQUIRE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. FURTHERMORE, MINDQUIRE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE MATERIALS, GOODS, CONTENT OR SERVICES POSTED EITHER BY MINDQUIRE, USERS, THERAPISTS, MEMBERS, OR ITS ADVERTISERS. AS A SERVICE TO YOU, WE MAY PROVIDE ACCESS TO THIRD PARTIES AND ASK THAT YOU REVIEW THEIR COMPANY POLICIES, INCLUDING BUT NOT LIMITED TO THEIR TERMS OF USE AND PRIVACY POLICY. YOU AGREE THAT NEITHER MINDQUIRE NOR ITS AFFILIATED OR RELATED ENTITIES, ARE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM ANY PRODUCT, SERVICE, INFORMATION OR OPINIONS PROVIDED ON AND THROUGH THE SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY AND INDEMNIFICATION. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND SERVICES, AND RISKS ASSOCIATED WITH YOUR RELATIONSHIP AND COMMUNICATIONS WITH USERS, AND MEMBERS, INCLUDING ANY SUBMISSIONS, AND WITH ANY ADVERTISERS, AND OFFLINE ACTIVITY. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MINDQUIRE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND THIRD PARTY SUPPLIERS FROM AND AGAINST ANY AND ALL DAMAGES (ACTUAL AND CONSEQUENTIAL), CLAIMS, DEMANDS AND LIABILITIES, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, INCLUDING ATTORNEY'S FEES, THAT DIRECTLY OR INDIRECTLY ARISE FROM, RELATE TO, OR RESULT FROM USE OF THE SITE OR ANY SERVICES PROVIDED BY MINDQUIRE. THE ENTIRE LIABILITY OF MINDQUIRE, ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AND AUTHORIZED THIRD PARTY SUPPLIERS AND YOUR EXCLUSIVE REMEDY SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED BY YOU BASED ON REASONABLE RELIANCE UP TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU OR U.S. $1. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

GENERAL RELEASE. IF A DISPUTE OR CLAIM ARISES BETWEEN YOU AND A MEMBER, USER, OR THIRD PARTY, EACH OF YOU RELEASE MINDQUIRE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND THIRD PARTY SUPPLIERS FROM ALL CLAIMS. IN THE EVENT ANY USER OR MEMBER IS ENDANGERED OR IS AT RISK OF COMMITTING HARM TO HIM/HERSELF OR THE PUBLIC, YOU, MEMBERS, AND ALL THIRD PARTIES ACCEPT AND UNDERSTAND THAT MINDQUIRE IS A CONDUIT FOR INFORMATION AND IS NOT RESPONSIBLE OR LIABLE FOR ANY INJURY OR DAMAGE. IT IS YOUR SOLE RESPONSIBILITY AS A THERAPIST TO ENSURE THE SAFETY OF YOUR CLIENTS.

MindQuire Intellectual Property and Copyright Notice. This Site is controlled and operated by Vitaboard, LLC Our proprietary software, and our materials and information on the Site and Services, including, but not limited to, images, text, data, illustrations, audio, video files, and the selection, coordination and arrangement of such materials (collectively "Intellectual Property"), are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by MindQuire or owned by other parties who have licensed their intellectual property to us, and all other trademarks, service marks, and trade names used on the Site are the property of their respective owners.

You agree that the Site's Intellectual Property may not be used without the express written permission of MindQuire. This includes but is not limited to using the MindQuire or MindQuire's logo, template, marks, photos, or user photos submitted to our Site, without our prior written approval. You additionally agree that the Intellectual Property, including but not limited to the marks and logos, will not be used in any manner that disparages or discredits the Site and Services, or is likely to cause consumer confusion. Except as expressly authorized herein, material from the Site and Services may not be copied, modified, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Use or modification of our Intellectual Property in any form, including but not limited to use on any other website or networked computer environment, without express written authorization is a violation of our copyrights and other proprietary rights and is strictly prohibited.

Breach. Without limiting other remedies, we may limit your activity, issue a warning, temporarily suspend, indefinitely terminate your membership and refuse to provide our Services to you if, within our sole and independent judgment: (a) you breach, or we reasonably anticipate that you are about to breach this Agreement or the documents it incorporates by reference; (b) we are unable to authenticate any information you provide to us; (c) you fail to pay any amount due by the due date; or (d) we believe that your actions may cause financial loss or legal liability for us, you, or our users. We can also terminate this Agreement at any time, with or without cause.

Privacy Compliance. Any collection, sharing, or use of personally identifiable data, including but not limited to personal health information, collected under this Agreement by either Party shall comply with all applicable laws and regulations concerning privacy, data collection, and/or data sharing. Please refer to our Privacy Policy for additional information.

Independent Contractors. Nothing in this Agreement shall be construed to create or imply a partnership, agency, or joint venture relationship. MindQuire does not serve as the agent or representative of any user, or Therapist.

Choice of Law and Jurisdictional Issues. These Terms, including but not limited to the Privacy Policy, shall be governed by the laws of the State of California without regard to principles of conflicts of law. You submit to the exclusive personal jurisdiction of the state and federal courts located in Santa Monica, California and the U.S. District of California.

Entire Agreement. The Therapist's Supplemental Terms are incorporated by reference into the MindQuire Site's Terms and Conditions (including the Privacy Policy) posted on our Site, and as a whole, constitute the entire agreement between you and MindQuire. No waiver or any breach of this Agreement shall be a waiver of any other provision of this Agreement, and no waiver shall be valid unless in writing signed by the parties. If any provision of this Agreement is held invalid, such provision shall be restated to reflect, as nearly as possible, the original intention of MindQuire.

Assignment and Succession. Notwithstanding any other provision of these Terms, MindQuire, its successors and assigns, may fully enforce any term or provision of these Terms, and all rights and benefits shall inure to such successors and assigns, with or without prior notice. You may not assign or transfer your rights and responsiblities under this Agreement. This Agreement is personal to you, the Account holder.

Notice. Unless otherwise indicated, please direct notices to Vitaboard, LLC, 1626 Montana Ave, Suite 422, Santa Monica, CA 90403; Support@MindQuire.com.

No Commercial Use. You understand and agree that this Site is not intended, and shall not be used for commercial purposes of any sort, without previous written approval by MindQuire and only as an approved Therapist, and for your use only. If you have any questions, please email us.

The Therapist's Supplemental Terms and Conditions of Use, incorporated by reference into the Site's Term and Conditions, including the Privacy Policy, can change at any time without notice. If a significant change is made to the Terms of Use, you will be notified by email no less than thirty (30) days prior to the change. It is your responsibility to review these Terms which are available at www.mindquire.com.

Copyright 2019 MindQuire. All Rights Reserved.