By clicking that you accept these Terms and Conditions of Use of MindQuire.com, you agree to a legally binding Agreement ("Agreement") between you, the user, and Vitaboard, LLC ("Company" "MindQuire," "we," or "us"). Vitaboard, LLC owns and operates the MindQuire.com Website ("Site"), and other products, applications, and services offered on or through the Site (collectively, the "Services"). You acknowledge that you have legal authority to enter into this Agreement. "User" includes all visitors to the Site, including but not limited to therapists ("Therapists") and those who have registered as members through their Therapists ("Members").
We do comply with requirements under HIPAA and the HITECH Act.
Our Site and Services are designed to provide a series of tools for a professional, licensed therapist ("Therapist") to offer to his/her patient/client ("Client") who has registered with our Site and Services ("Member"). We provide Members with ways to track and graph activities, and other information and share this with their Therapist. This is not a substitute for medical care, professional counseling, or for the direct oversight of a Client's care. We provide a set of tools. The care of a Client is the sole and exclusive responsibility of the Therapist. If you think you may have a medical emergency, call your doctor or 911 immediately. Reliance on any information appearing on MindQuire is strictly at your own risk.
Usage in the United States. We make no representation that the Site or Services are applicable to, appropriate for, or available to users in locations outside the United States. Accessing the Site and Services from territories where the content is illegal is prohibited. If you choose to access the Site and Services from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.
Therapists please see our FAQs page for more information. You agree not to provide any false information on the Site or to create an account for anyone other than yourself. You further agree that you are accessing our Site and Service for legal purposes as outlined herein. Your Account is personal to you, which means that you are not authorized to transfer, loan, give or sell your Account membership. It is your responsibility to keep your Account identity and password confidential, including your Therapist Code. You are solely responsible for any loss or damage from your failure to comply with this security obligation. You agree to notify us immediately if there is any unauthorized use of your Account by sending us a message through the "Contact Us" form in your "Manage Account" section. In addition, you should immediately change your username and/or password within your personal settings that you can also access in the "Manage Account" section. You agree to keep your contact, account information and profile information updated and accurate.
If your Account has been terminated for any reason, you may not re-register as a member without our prior written consent, which may or may not be granted, at our sole discretion. MindQuire has the sole discretion to terminate an Account for any reason. If you experience a problem accessing your Account, please contact your Therapist for assistance in reactivating your Account. Please note that if your Account is inactive for a one (1) month period, we may contact you and your Therapist, notifying both of you of the inactivity.
Frozen Accounts. As a Member, if your relationship with your Therapist is terminated, your Account will be frozen so that you will be able to view your Submissions, but you will not be able to add any information. You can continue using MindQuire by subscribing as a paid Member, or you can rejoin as a Member once you can recieve a Therapist Code from your new therapist if he/she is registered with MindQuire. If you have an Anonymous Account and you forget your username and password and you can't, or choose not to, obtain the temporary login information from your Therapist, we will not be able to reset your login information and you won't be able to access your account. You will still be able to open a new account when you are invited by a Therapist registered with MindQuire, and have received a Therapist code needed to create a new account.
Our goal is to provide a safe and secure community where Therapists and Members can feel comfortable sharing information. No Submission, including an Account Submission and Public Submission, should reference any person or company by a personally identifiable name such as first and last name, or provide any other personally identifiable information about any person or entity, unless such Submission is included within a Therapist's Directory listing. Directory listings must only list information related to the approved Therapist's 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.
Rights and Restrictions on Use. You shall use the Site and Services for lawful purposes only. You 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 us. You shall not submit 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: (ii) is unlawful, threatening, abusive, libelous, or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law; or (iv) contains or implies false, inaccurate or misleading information, or likely or factually 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) bypass any security features (including the use of another person's username to access the Site) or encryption tools that we may use to prevent or restrict access to all or parts of the Site; (iii) create liability for us, or cause us to lose (in whole or part) the services of our ISPs or other suppliers; or (iv) deliver viruses, Trojan horses, malware, or the like, or other programming routines that may damage or interfere with the Site or Services or other sites and services. We reserve the right to refuse service to users for any reason. We may alter, suspend or discontinue any aspect of the Site or Services at any time, including the availability of any feature 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. If your Account has been terminated for any reason, you may not re-register as a member without our prior written consent.
Intellectual Property and Copyright Notice. Our Site is controlled and operated by Vitaboard, LLC. Our software, applications, and our materials and information on the Site and Services, including, but not limited to, images, text, data, illustrations, audio, photos, video files, code, logos, 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 us 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 and Service's Intellectual Property may not be used without the express written permission of Vitaboard, LLC. You shall not (i) remove or obscure any intellectual property notices; (ii) copy, resell, redistribute, retransmit, republish, license, transfer, or copy any Content or Intellectual Property for any purpose (iii) re-engineer, modify, or create any derivative work of any Content or Intellectual Property; (iv) hold yourself out as the owner or creator of any Intellectual Property or Content on the Site and Services unless you are the owner or licensee of such (including but not limited to text, and photos). 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, Services, or users, is likely to cause consumer confusion, or is in violation of this Agreement. Use or modification of our Intellectual Property in any form, including but not limited to use on any other website, networked computer environment, or mobile device, without express written authorization is a violation of our copyrights and other proprietary rights and is strictly prohibited. If you have any questions or concerns about the intellectual property, including copyrights, on our Site, please email us at email@example.com. Vitaboard, LLC reserves all rights other than those expressly granted herein.
Fees. Our Site and Services are free to Members referred with a Therapist Code for a therapist with an active subscription. Therapists pay a fixed monthly fee that allows them to invite all their patients to MindQuire for no extra cost.
Breach. Without limiting other remedies, we may limit your activity, issue a warning, temporarily suspend, indefinitely terminate your membership and refuse to provide our Site and 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, injury or legal liability for you, our users, or Company, and its officers, directors, employees, agents, distributors, affiliates and third party suppliers. We can also terminate this Agreement at any time, with or without cause.
Mobile Access. Some features of our Site are accessible for viewing on mobile devices. We do not charge for viewing our Site, however your wireless carrier's normal rates and fees such as data transfer fees, will still apply. Please refer to your carrier's policy. Under no circumstances will we be responsible for any wireless usage charges incurred by a user.
Copyright Infringement. We will investigate notices of copyright infringement and take appropriate actions under applicable local law including in the United States, the Digital Millennium Copyright Act. Written notification of claimed copyright infringement must be submitted to our DMCA Agent at copyright@MindQuire or at the address below under Notice
To be effective, the notification must include the following:
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to large civil penalties and damages incurred by us, any copyright owner, or any copyright owner's licensee. You may also be subject to criminal prosecution for perjury. Please also note that the information provided in the above legal notice may be forwarded to the person who provided the allegedly infringing Content and we may choose to publish Claimant information in place of disabled Content or Submissions. If you believe that someone has copied your work, either in part or whole, please follow our procedures.
Counter Notice Under the DMCA. When we receive a notification of alleged copyright infringement, we remove the Submission or Content that is the subject of the notification. If you believe your Content was misidentified as infringing, you may file a counter-notification. If you did not have all of the rights to post the material at issue, you MUST NOT submit a counter-notification. Under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be liable for damages. If the original claim of alleged infringement was submitted under Section 512(c) of the Digital Millennium Copyright Act, you must use the DMCA counter-notification. The process for counter-notifications is governed by Section 512(g) of the Digital Millennium Copyright Act: http://www.copyright.gov/legislation/dmca.pdf. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney. You must send the Counter Notice to our designated agent for receiving notices of infringement, whose name and contact information is under the DMCA notice above.
A counter-notification must include the following specific elements:
Process: What happens next? After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant. After we send out the counter-notification, the claimant must then notify us within 10 business days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on our Site. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.
Repeat Infringers. We have a policy of terminating the Accounts of repeat infringers. A repeat infringer includes any user who has made three or more Submissions for which we receive a notice of infringement per the DMCA Copyright Guidelines outlined above.
LIMITATION OF LIABILITY AND INDEMNIFICATION. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND SERVICES, INCLUDING THE SUBMISSIONS. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MindQuire, OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND THIRD PARTY PROVIDERS FROM AND AGAINST ANY AND ALL DAMAGES (ACTUAL AND CONSEQUENTIAL), CLAIMS, DEMANDS AND LIABILITIES, OF EVERY KIND AND NATURE, (INCLUDING BUT NOT LIMITED TO THIRD PARTY CLAIMS OR CLAIMS FOR YOUR BREACH OF ANY PROVISIONS OF THESE TERMS), 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, OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AUTHORIZED AGENTS, AND THIRD PARTY PROVIDERS, 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. MindQuire reserves the right to assume, at its sole expense, the exclusive defense and control of any claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with MindQuire in the defense of any such claim, action, settlement or compromise negotiations, as requested by MindQuire.
GENERAL RELEASE. IT IS THE USER'S SOLE RESPONSIBILITY TO USE GOOD, SOUND JUDGMENT WHEN USING OUR SITE AND SERVICES. YOU, NOT MindQuire, BEAR FULL AND SOLE RESPONSIBILITY. You understand that we make no guarantee or promises that the Therapist: (i) will use the Site and Services in any particular way, beneficial to their Clients, or not; or (ii) will review the information entered by the Client in the Site with any specific frequency or thoroughness. Do not forgo seeking immediate professional advice because of your use of the Site and Services. By using these Services, you agree that if you are experiencing a psychological emergency (for example; feeling suicidal, experiencing psychotic symptoms, or having a substance related crisis) you will go to the nearest emergency room for immediate evaluation. You agree that you will never use your entries on the Site as a means to let anybody else know about any thoughts, plans or intentions related to hurting yourself or anybody else. By using this Site and our Services, you acknowledge your understanding that: (i) all the information you enter on the Site is encrypted and therefore other people (including friends and family) will not have access to the information you enter on the Site; (ii) others will not be aware of any emergency-related information you enter; and (iii) while your Therapist WILL have access to ALL the information you enter on this Site, your Therapist WILL NOT be instantly or promptly aware of such information. The only information entered on the Site that you can be certain your Therapist will be aware of is the same information that you discuss with your Therapist personally. MindQuire is not intended as a replacement for your Therapist's care.
Minors and COPPA. Our Site is directed at those who are 18 or older. If you are under 18, you may use this Site and Services only with the prior written permission of a parent or legal guardian and under the supervision of a parent or legal guardian. Such permission must be provided to the Therapist, not to MindQuire. No one under age 16 should access our Site. We do not knowingly collect or maintain Personal Information from individuals who are under 16 years of age, and no part of our Site or Services are designed to attract people under the age of 16.
Assignment and Succession. Notwithstanding any other provision of these Terms, Company, 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 responsibilities under this Agreement. This Agreement is personal to you, the Account holder.
Press Releases. The Site contains information and press releases that may be updated from time to time. Information about other companies contained in press releases does not represent an affiliation or endorsement by us as to the validity of the information provided in such press releases regarding such companies. Nothing herein gives a user or other third party the right to make a public announcement or issue a press release without our prior written consent.
Termination. You may cancel your registration/membership at any time within your Account settings. Within a reasonable period of time from your cancellation, all of the information and Submissions you submitted to our Site will be frozen, but will remain available for viewing by your Therapist and you. As a Member, if your relationship with your Therapist is terminated, your Account will be frozen so that you will be able to view your Submissions, but you will not be able to add any information. Our policy regarding the viewing of information within terminated Accounts, by either a Therapist or Member, is subject to change, as determined by MindQuire in its sole discretion, with proper notice provided to Members and Therapists. You are able to rejoin as a Member once you have received a Therapist Code from your new therapist if he/she is registered with MindQuire.
Notice. Unless otherwise indicated, please direct notices Vitaboard, LLC, 1626 Montana Ave, S.422. Santa Monica, CA 90403, or email us at firstname.lastname@example.org. Legal notices to users shall be directed to the account email address on file. Please be sure to keep your email address updated.
No Commercial Use. You understand and agree that unless you are a Therapist participating in our Directory, you are not to use the Site or Services for commercial purposes of any sort, without previous written approval by us. If you are the owner of a good or service and would like to highlight your good or service, or if you have questions about advertising on our Site, please email us at email@example.com
Compliance With ADA. It is our goal to comply with the ADA, making access to our Services available to as many people as possible. If you have any suggestions to make access to our Site easier, please contact us, as we continue to improve our services and products.
No Partnership or Agency. Nothing contained herein shall create a partnership, agency or joint venture between MindQuire and you.