Terms & Conditions

IN THE EVENT OF A MEDICAL EMERGENCY, CALL YOUR LOCAL EMERGENCY NUMBER. DO NOT DISREGARD OR DELAY SEEKING MEDICAL ADVICE BECAUSE OF CONTENT YOU HAVE READ ON THIS WEBSITE OR OBTAINED THROUGH OUR SERVICES. THIS WEBSITE DOES NOT CONTAIN MEDICAL ADVICE AND WE DO NOT MONITOR THIS WEBSITE OR COMMUNICATIONS FROM THIS WEBSITE FOR MEDICAL DIAGNOSTIC OR EMERGENCY HEALTH CARE PURPOSES.

These Terms of Use contain a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. You have the right to withdraw your consent to have the Terms of Use provided to you in electronic form.

These Terms of Use govern your access to and use of the websites, subdomains, products, and services owned or controlled by MentalFit, LLC or its affiliates (“Company”, “we”, “our” or “us“), including, without limitation, your use of www.mentalfitlife.com, any other Company websites and any mobile applications made available to you by the Company (collectively, the “Services”). The Terms also apply to any professional entities affiliated with Company and to whom Company provides management services. For the avoidance of doubt, the Services provided by Company do not include any professional services from licensed healthcare providers, as further described in Sections 2 and 8 below. To access the Services, Users (as defined below) must at all times agree to and abide by these Terms of Use.

These Terms of Use are a legally binding agreement between you, an individual subscribed to, accessing, and/or using the Services pursuant to a Customer Agreement (as defined below) (“you” or, collectively with other users, “Users”) and Company regarding your use of the Services.

PLEASE READ CAREFULLY THE FOLLOWING TERMS OF USE. BY REGISTERING FOR AND/OR ACCESSING, BROWSING, USING OR SUBSCRIBING TO THE SERVICES, OR BY CLICKING “I AGREE” OR OTHERWISE AFFIRMATIVELY MANIFESTING YOUR INTENT TO BE BOUND BY THESE TERMS OF USE, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS OF USE, INCLUDING ANY ADDITIONAL POLICIES, EXHIBITS, ADDENDA, GUIDELINES OR SUPPLEMENTS MADE AVAILABLE BY COMPANY AND ANY FUTURE MODIFICATIONS HERETO OR THERETO (COLLECTIVELY, THE “TERMS OF USE”), AND TO THE COLLECTION, USE, AND COMMUNICATION OF YOUR USER DATA AS SET FORTH IN THE COMPANY PRIVACY NOTICE. YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO USE AND ACCESS THE SERVICES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THE TERMS OF USE, YOU MUST NOT ACCEPT THE TERMS OF USE AND MAY NOT USE THE SERVICES. IF YOU REGISTER FOR A FREE TRIAL VERSION OF THE SERVICES THROUGH AN AGREEMENT BETWEEN COMPANY AND THE APPLICABLE CUSTOMER (AS DEFINED BELOW) TO PROVIDE A FREE TRIAL, OR IFYOU ARE SELECTED TO BE A TRIAL USER (“BETA TESTER”) FOR A BETAVERSION OF THE SERVICES (“BETA SERVICES”), THE TERMS OF USE WILL ALSO GOVERN SUCH FREE TRIAL OR BETA TESTING, AS APPLICABLE. AS USED HEREIN, “SERVICES” SHALL INCLUDE BETA SERVICES.

If you have any concerns or questions about these Terms of Use, please feel free to contact us via email at: info@mentalfitlife.com

6. Account Activity Responsibility.
a. User Accounts. In order to use certain aspects of the Services, you will have to register for the Services and create an account (a “User Account”). When creating your User Account, you agree to provide true, accurate, current, and complete information. You further agree to maintain and update your personal information as needed to keep it true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you assume sole responsibility for all activities that occur under your account or password, as well as being responsible for the acts and omissions of any person who uses or accesses the Services using such credentials, as a result of your failure to maintain such confidentiality or restricting access to your computer.If you have reason to believe that your User Account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your ID, password, or any credit, debitor charge card number), you agree to immediately notify Company. You may be liable for the losses incurred by Company or others due to any unauthorized use of your User Account.
b. System Access. To the extent permitted by applicable law, you may choose to allow Company to automatically retrieve data from your system(s) or third-party systems or services on your behalf. You hereby represent and warrant that you have the consent, permission, authority, and rights to allow Company to so automatically access such system(s) and services and you hereby grant Company permission to access such system(s) and services and retrieve User Data therefrom by indicating the same within your User Account. Company disclaims any and all liability associated with accessing and retrieving User Data from such system(s) and services on your behalf. If at any time you do not have the right and authority to allow Company automatic access to such system(s), then you hereby agree to immediately disable such functionality within your User Account.
c. Connection Requirements. You are responsible for providing and maintaining, at your own risk, option and expense, any equipment, hardware, software, Internet connections, communication lines, and mobile, and data services needed for access to and use of the Services as well as paying related charges such as data usage, message fees and other charges from your wireless or Internet provider. Normal carrier charges and taxes may apply and Company is not responsible for any surcharges you incur from your cell phone or Internet service provider as aresult of the use of the Services.

7. Restrictions. When using the Services you agree not to, and represent and warrant that you will not, and will not attempt to:
a. Create, upload, store or transmit via the Services pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content, or any content that constitutes or encourages conduct that would be considered a fraud, a criminal offense or is otherwise likely to give rise to civil liability;
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b. Create, upload, store or transmit via the Services content that violates intellectual property,privacy, publicity or other personal rights of individuals or any export control laws;
c. Use the Services for any purpose that is unlawful or is otherwise prohibited by these Terms of Use or the standard documentation for the Services, as generally provided or made available by Company to its end users, including, but not limited to, via www.mentalfitlife.com (the“Documentation”);
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d. Use the Services in any manner that in Company’s sole discretion could damage, disable, overburden, or impair the Services;

e.Attempt to gain unauthorized access to the Services, or any part of them, other User Accounts, or computer systems or networks connected to the Services, or any part of them, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
f. Modify the Services in any manner or form, or use modified versions of the Services, including but not limited to for the purpose of obtaining unauthorized access to the Services;
g. Use any robot, spider, scraper, or other automated means to access the Services for any purpose without Company’s express written permission, or bypass any measures we may use to prevent or restrict access to the Services;
h. Impersonate another person or access another User’s User Account without that User’s permission or to violate any contractual or fiduciary relationships;
i. Share Company-issued passwords with any third party or encourage any other User to do so;
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j. Misrepresent the source, identity, or content of User Data;
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k. Modify, adapt, translate or create derivative works based upon the Services;

l. Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;

m. Rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Services to any third party; provide time sharing or similar services for any third party; or use the Services for any purpose other than your own internal business use;

n. Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services, features that prevent or restrict use or copying of any content accessible through the Services, or features that enforce limitations on use of the Services;

o. Access the Services if you are a direct competitor of Company, except with Company’s prior written consent, or for any other competitive purposes;

p. Alter or remove any copyright, trademark or other protective notices contained in or on any portion of the Services;

q. Gain unauthorized access to the Services, to other Users’ accounts, names, personally identifiable information or other information, or otherwise collect or harvest any personally identifiable information, including account names, from the Services;

r. Disclose personal information obtained from the Services about other Users, or collect or disclose information about other Users;

s. Use the Services in order to transmit, exchange or process User Data in a manner not permitted by these Terms of Use, the Documentation or applicable laws, rules or regulations; or
t. Allow, encourage or assist any person to do any of the foregoing.

8. No Professional Advice.
NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BY USING INFORMATION AND/OR SERVICES PROVIDED BY OR THROUGH THE USE OF THE SERVICES OR THROUGH ANY OTHER COMMUNICATIONS FROM US. YOU ACKNOWLEDGE AND AGREE THAT COMPANY MAY CONNECT YOU TO ONE OR MORE PROVIDERS. THE SERVICES ENABLE COORDINATION AND DIRECT COMMUNICATION WITH A PROVIDER. COMPANY, ITSELF, DOES NOT PROVIDE MEDICAL OR HEALTH ADVICE, CARE, DIAGNOSIS, OR TREATMENT, AND THE CONTENT OF THE SITE AND THE SERVICES ARE NOT AND SHOULD NOT BE CONSIDERED MEDICAL ADVICE OR A SUBSTITUTE FOR INDIVIDUAL MEDICAL ADVICE (INCLUDING CLINICAL THERAPY ADVICE), DIAGNOSIS OR TREATMENT. FOR CLARITY, ANY PATIENT-PROVIDER RELATIONSHIP BETWEEN YOU AND ANY PROVIDER WILL BE ESTABLISHED SEPARATELY AND DIRECTLY WITH SUCH PROVIDER. COMPANY IS NOT A PARTY TO ANY SUCH RELATIONSHIPS AND EACH PROVIDER IS SOLELY RESPONSIBLE FOR THE DELIVERY OF ANY OPINIONS YOU RECEIVE THROUGH YOUR ACCESS TO AND USE OF THE SERVICES. YOUR USE OF INFORMATION PROVIDED ON THE SITE IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE (INCLUDING CLINICAL THERAPY ADVICE) FROM A QUALIFIED HEALTH CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE OR INFORMATION YOU MAY HAVE OBTAINED THROUGH THE SERVICES. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION, AND FOR DIAGNOSIS AND TREATMENT. DO NOT USE THE SITE OR SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL 911. YOU ACKNOWLEDGE THAT COACHING SERVICES PROVIDED THROUGH THE SERVICES MAY BE PROVIDED THROUGH NON-MEDICAL UNLICENSED PERSONNEL WITH THE APPLICABLE EDUCATIONAL DEGREES TO PROVIDE SUCH COACHING. YOU ALSO AGREE THAT OPINIONS EXPRESSED BY A PROVIDER IN CONNECTION WITH THE SERVICES ARE NOT THAT OF COMPANY AND WILL NOT BE USED IN ANY LEGAL DISPUTE AGAINST COMPANY, INCLUDING BUT NOT LIMITED TO LITIGATION,ARBITRATION, CLAIM FOR DISABILITY BENEFITS, CLAIM FOR WORKER’S COMPENSATION AND/OR MALPRACTICE CLAIMS.
The content of, and information provided in connection with, the Services are for informational purposes only and should not be construed as professional advice. No action should be takenbased solely upon any information contained in the Services. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area. The Company’s products made available through the Services are over the counter products that can be purchased without the need for a medical prescription. The Services may contain health- or medical-related materials that are explicit and if you find these materials offensive, you may notwant to use the Services.

9. Interactions with Other Users.
In connection with your use of the Services, you may be connected with and/or interact with one or more other Users, for example, via webinars and social media offered by Company. Company is not responsible for the content of theseinteractions and assumes no liability therefor.

10. Teleservices.
Users may have access to teleservices, including call-based, video-based, and/or text-based Services, which may include (without limitation) medical referral or emergency call- based Services (collectively, “Teleservices”). By agreeing to these Terms of Use, Users acknowledge the potential risks of Teleservices, including, but not limited to, technical failures,as further described in Section 18.

11. Disclaimers; No Warranties.
‍THE SERVICES AND ANY THIRD-PARTY CONTENT, MATERIALS OR DATA, USER DATA, SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY AND ITS AFFILIATES, SUPPLIERS, LICENSORS, AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND ANY IMPLIED WARRANTIES ARISING FROMUSAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR WITH RESPECT TO THE USE OR THE RESULTS OF THE USE OF THE SERVICE IN TERMS OF CORRECTNESS,ACCURACY, RELIABILITY, OR OTHERWISE. You understand and agree that you download or otherwise obtain third party information, material or data through the use of the Services at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such third party information, material, or data. Company will not be responsible or liable for the deletion, correction, destruction, damage, loss, or failure to store or maintain any third-party information, material ordata, or User Data.

12. Modification of the Terms of Use.
Company reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms of Use at any time, subject to the provisions of the applicable Customer Agreement. You agree to review these Terms of Use periodically forchanges. When we make minor changes to the Terms of Use we will update the ‘last modified’ date at the top of this page. When we make changes to the Terms of Use in a material manner, we will update the ‘last modified’ date at the top of this page and notify you that material changes have been made to these Terms of Use. If any such revision is unacceptable to you, you must cease to use the Service, and your only remedy is to terminate your User Account by providing Company written notice of termination within thirty (30) days of such change. Bycontinuing to use the Services, you agree to any changes to these Terms of Use.

13. Third Party Sites, Third Party Services.
a. The Services may call the servers of other websites or services solely at the direction of and as a convenience to Users (“Third Party Sites”). The Services may also incorporate third party products or services, or be integrated with third party applications (“Third Party Services”), and you hereby consent to the use of such Third Party Services if you choose to access such Third Party Services. Third Party Services will be identified, either explicitly or implicitly, as services provided to you by a party other than Company. Third Party Sites and Third Party Services arenot Company’s service providers. Company makes no express or implied warranties with regard to Third Party Services or the information, or other material, products, or services that are contained on or accessible through Third Party Sites or Third Party Services. Access and use of Third Party Sites and/or Third Party Services, including the information, material, products, and services on such sites or available through such sites, is solely at your own risk and Company will have no liability in connection with the access or use of such Third Party Sites and/or Third Party Services. In connection with the Third Party Services, Company may, and you hereby agree that Company may, share your User Account credentials with third party providers and otherwise authenticate your User Account credentials for purposes of providing you access to Third Party Sites and Third Party Services that are integrated or offered in connection with the Services.
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b. Your use of Third Party Services may be subject to agreements with the third party licensors of such products or services (“Third Party Terms”). By using Third Party Services, you agree to the Third Party Terms. You acknowledge that you have been informed of the existence of these Third Party Terms and that it is your responsibility to review these Third Party Terms to understand your rights and obligations under them. Nothing in these Terms of Use limits yourrights under, or grants you rights that supersede, the terms of the applicable Third Party Terms.

14. Additional Terms for Beta Services. Company may offer you access to certain new Services that are classified as Beta Services, from time to time, solely for the purpose of internally testingand evaluating the Beta Services. Access to and use of Beta Services may be subject to additional terms and conditions that you will be required to agree to. Company makes no representations or warranties that a Beta Service will become part of the Services generally available and reserves the right to discontinue or modify the Beta Services at any time without notice. Beta Services are provided “AS IS”, may contain bugs, errors or other defects, and your use of a Beta Service is at your sole risk.

15. Changing and enhancing the Services.
‍We’re always trying to improve our Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

16. Export Controls; Location of the Service; Region-Specific Provisions.
a. The Services are controlled and operated from our facilities in the United States. The services are intended for use by Users living in the United States only.

17. User Data; User Content.
a. User Data. We will request that, in order to register your User Account and to access and use the Services, you submit and store certain data and other information related to you, includingpersonal information (collectively, “User Data”). You own all right, title and interest (including all intellectual property rights) in and to your User Data. You hereby grant us a revocable (but only under these Terms of Use), limited, world-wide, non-exclusive, royalty-free right to use your User Data solely for the purposes set forth in subsection (e) below.

b. User Content. As used herein, “User Content” means any text, images, photos, audio, video, location data, and all other forms of data or communication, excluding User Data, that you submit or transmit to, through, or in connection with the Services that you display publicly or to a group of individuals within the Services other than Company’s employees, contractors or Providers.You represent and warrant that you own or control all rights to your User Content and hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sub- licensable, transferable rights to use your User Content for any lawful purpose. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of your User Content. Finally, you irrevocably waive, and cause to be waived, against Company and its Users any claims and assertions of moral right or attribution with respect to your User Content. We are not and shall not be under any obligation, except as otherwise expressly set forth in these Terms of Use or our other policies, (i) to maintain your User Content in confidence; (ii) to pay you any compensation for any User Content; (iii) to credit or acknowledge you for your User Content; or (iv) to respond to your User Content.
c. Responsibility for User Data and User Content. You acknowledge that Company does not manage or control the content of User Data and/or User Content that you access, store or distribute through the Services, and you will be solely responsible for your User Data and User Content and the consequences of sharing it hereunder. You are solely responsible for such User Data and/or User Content and Company makes no warranty with respect to and accepts no responsibility or liability for information you may access, store or distribute through the Services, regardless of whether such User Data and/or User Content is transmitted to or by you in breach of these Terms of Use. By submitting User Data and User Content to Company, you hereby grant, and represent and warrant that you have all rights necessary to grant, all rights and licenses to the User Data and User Content required for Company and its subcontractors and service providers to provide the Services. You hereby represent, warrant, and agree that: (a) you have obtained the User Data and User Content lawfully, and it does not and will not violate any applicable laws or any person or entity’s proprietary or intellectual property rights; (b) the User Data and User Content are free of all viruses, Trojan horses, and other elements that could interrupt or harm the systems or software used by Company or its subcontractors to provide the Services; (c) all User Data and User Content have and will be collected by you in accordancewith a privacy policy that permits Company to share, collect, use, and disclose such User Data and User Content as contemplated under these Terms of Use, and if required by applicable law, pursuant to consents obtained by you to do each of the foregoing; (d) you are solely responsible for ensuring compliance with all privacy laws in all jurisdictions that may apply to User Data and User Content provided hereunder; (e) Company may exercise the rights in User Data and User Content granted hereunder without liability or cost to any third party; and (f) the User Data and User Content complies with the terms of these Terms of Use.
d. De-Identified Data. Except where expressly prohibited, Company shall be permitted and have full rights and authority to convert User Data into de-identified and aggregated data and to collect and analyze anonymized information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning User Data and data derived therefrom which cannot identify the concerned individual personally) (collectively, “De-identified Data”), to the fullest extent permitted by applicable law. Company shall have sole ownership and rights over all De- identified Data except as otherwise explicitly provided for in these Terms of Use or the applicable Customer Agreement. Notwithstanding anything to the contrary herein, Company may (during and after the term hereof) (i) use such De-identified Data to improve and enhance the Services, to conduct research, such as case studies and academic research, and for other development, diagnostic and corrective purposes in connection with the Services and otherCompany offerings to the extent permitted by applicable law, and (ii) disclose De-identified Data in connection with its business to the extent permitted by applicable law, including, for example and without limitation, to: (a) track the number of users on an anonymized aggregate basis aspart of Company’s marketing efforts to publicize the total number of Users of the Services; (b) analyze aggregated usage patterns for product development efforts; or (c) use De-identified Data to develop further analytic frameworks, application tools, and to conduct research.
e. Restrictions on Company’s Use of Data. Company will not (i) use your User Data or (ii) sell your User Data to or share it with any third parties: (a) for any purpose other than providing theServices to you; (b) except as explicitly provided herein or in Company’s Privacy Notice located at
Privacy notice ; and (c) except as necessary to comply with our obligations under these Terms of Use and applicable laws. Please see the Privacy notice for further information on the restrictions placed on Company’s use of your User Data.
f. Ideas. You may choose to or we may invite you to submit comments or ideas about the Services, including without limitation about how to improve the Services or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Company under any fiduciary or other obligation, and that, notwithstanding anything to the contrary herein, we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Company does not waive any rights to use similar or related ideas previously known to Company, or developed by its employees, or obtained from sources other than you. Notwithstanding anything to the contrary, the Company shall be the sole owner of any Ideas provided by you to the Company, so long as they relate to the Service, and you hereby assign to the Company, without limitation of any kind, all of its rights, titles and interests therein, the Company accepting suchassignment. At Company’s reasonable request and expense, you will complete and execute all necessary documents and take such other actions as Company may reasonably require in order toassist Company to acquire, develop and maintain Company’s intellectual property in the Ideas.

18. Ownership; Proprietary Rights.
Company will retain all right, title and interest in and to the patent, copyright, trademark, trade secret and any other intellectual property rights in theServices and Documentation and any derivative works thereof (collectively, “Materials”), subject only to the limited licenses set forth in these Terms of Use. You do not acquire any other rights, express or implied, in the Services other than those rights expressly granted under this Agreement. All trademarks, service marks, and trade names are proprietary to Company or its affiliates and/or third-party licensors. You are not permitted to remove, modify or obscureproprietary rights notices on the Services or Documentation. Except as expressly provided herein, nothing in these Terms of Use shall be deemed to create a license in or under any suchMaterials or the intellectual property rights therein or thereto.

18. Security and Privacy.
a. Security. Company takes commercially reasonable measures to secure your User Data from accidental loss and from unauthorized access, use, alteration or disclosure, as further described in the applicable Customer Agreement, Company’s privacy notice and any supplementaldata security information posted on Company’s website that covers your User Data. However, we cannot guarantee that unauthorized third parties will not be able to access or use your User Data for improper purposes. You acknowledge that internet technologies have the inherent potential for unauthorized disclosure, and that all communications sent over an Internet connection, including through use of the Services, are inherently vulnerable to unauthorized access and/or disclosure, delays or interruptions in communication, or other loss. You acknowledge that you provide any such information at your own risk and by using the Services and related electronic communications, you consent and are agreeing to receive information about your treatment as well as additional informational and marketing communications from Company and a Provider over an Internet connection, subject to restrictions under applicable law.
b. Disclosure. You acknowledge and agree that Company may access, preserve and disclose your User Account information and related contents in accordance with these Terms of Use and Company’s Privacy Notice if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, to the extent permitted by applicable law, to:(a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any User Data violates the rights of third parties; (d) respond to your requests for customer service;protect the rights, property or personal safety of Company, you, other users, or the public; orto connect your User Account to Third Party Services as provided in this Agreement.
c. Privacy. User privacy is important to us. By using the Services, you agree that Company may collect, retain, use and share your personal information collected through your use of the Services in accordance with our privacy policy  which is incorporated herein by reference. Please read our Privacy Notice carefully for details relating to the collection, use, and disclosure of your personal information.
d. Responsibility for Backups. You are responsible for backing up your User Data on a regular basis, and taking appropriate steps to safeguard and ensure the integrity of your User Data.
e. Consent to Receive Communications. By providing us with a telephone number (including a wireless/cellular, mobile telephone number) and/or email address, you consent to receiving calls and/or text messages from Company at that number and/or e-mails from Company for oureveryday business purposes.

19. Limitation of Liability.
a. Limitation of Liability. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL (A) COMPANY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSSES OR LIABILITY RESULTING FROM LOSS OF DATA, LOSS OF REVENUE, ANTICIPATED PROFITS, OR LOSS OF BUSINESS OPPORTUNITY) THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE THE SERVICES OR ANY INFORMATION OR MATERIALS THEREIN, OR ANY OTHER INTERACTIONS WITH COMPANY, EVEN IF COMPANY OR A COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) COMPANY’S OR ITS AFFILIATES’, CONTRACTORS’, EMPLOYEES’, AGENTS’, OR THIRD-PARTY PARTNERS’, LICENSORS’, OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALLDAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR YOUR ACCESS TO OR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, YOUR INTERACTIONS WITH OTHER USERS, (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED ANY AMOUNT PAID FOR SERVICES IN THE PAST 6 MONTHS) a. Applicablelaw may not allow the limitations on implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. You may have additional rights under applicable law. In such event, Company’s liability will be limited to the fullest extent permitted by applicable law.

20. Responsibilities.
a. User Responsibility. You are responsible for, and agree to defend, indemnify, and hold harmless the Company and its subsidiaries, affiliates, agents, managers, and its and their respective employees, contractors, agents, officers and directors, from and against, any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your acts and omissions in relation to your use of and access to the Services; (b) your violation of these Terms of Use or any law, rule or regulation of the United States or any other country, as applicable; or (c) your acts and omissions in relation to your use of any Third Party Services. Company will have the right to control the defense, settlement, adjustment or compromise of any such claims, actions or proceedings by using counsel selected by Company. Company will use reasonable efforts to notify you of any such claims, actions, or proceedings upon becoming aware of the same.
b. Company Responsibility. We are responsible for, and agree to hold you harmless from and against, any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) brought by a third party against you alleging that your use of the Services infringes or misappropriates any U.S. patent, copyright, trademark, ortrade secret right during the term of this Agreement (an “IP Claim”). We will have no obligation under this Section for any infringement or misappropriation to the extent that it arises out of or is based upon (a) your use of the Services in combination with other products or services, if such infringement or misappropriation would not have arisen but for such combination; (b) the Services having been provided to comply with designs, requirements, or specifications required by or provided by the Customer, if the alleged infringement or misappropriation would not have arisen but for the compliance with such designs, requirements, or specifications; (c) your use of the Services for purposes not intended by the Terms of Use; (d) your failure to use the Services in accordance with our instructions, if the infringement or misappropriation would not have occurred but for such failure; or (e) any modification of the Services by you not made or authorized in writing by us where such infringement or misappropriation would not have occurred absent such modification.
c. Customer Responsibility. For the avoidance of doubt, Customer is not involved in the provision of the Services. You hereby acknowledge and agree that Customer is not responsiblefor the Services provided to you.

21. Governing Law;Arbitration; and Class Action/Jury Trial Waiver.
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a. Governing Law. These Terms of Use shall be governed by the internal substantive laws of the State of Colorado, without respect to its conflict of laws principles. Notwithstanding the foregoing, any arbitration conducted pursuant to these Terms of Use shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You and Company agree that jurisdiction, proper venue, and the most convenient forums for all claims, actions, and proceedings of any kind relating to the Services or these Terms of Use that are not submitted to arbitration will be exclusively in the federal or state courts located in Denver, Colorado. You agree that Denver, Colorado is the proper forum for any appeals of an arbitration award or for trial court proceedings if the arbitration below is found to be unenforceable, as well as for anyactions for injunctive or other equitable relief.
b. Arbitration. Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from Company. For any dispute with Company, you agree to first contact us at info@mentalfitlife.com and attempt to resolve the dispute with us informally. In the unlikely event that Company has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms of Use, or the breach or allegedbreach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Denver, Colorado, unless you and Company agree otherwise. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies. If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Company will pay as much of the administrative costs andarbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. This arbitration agreement does not preclude you or Company from seeking action by federal, state, or local government agencies. You and Company also have the right to bring qualifying claims in small claims court. In addition, you and Company retain the right to apply to any court of competent jurisdiction for provisionalrelief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms of Use, nor a waiver of the right to have disputes submitted to arbitration as provided in this Agreement. Nothing in this Section shall be deemed as preventing Company from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property or other proprietary rights.
c. Class Action/Jury Trial Waiver. With respect to all persons and entities, regardless of whether they have obtained or used the Services for personal, commercial or other purposes, all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, thearbitrator may not consolidate more than one person’s claims. You agree that, by entering into these Terms of Use, you and Company are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
d. Enforceability. If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms of Use. This Section will survive the termination of your relationship with Company.
e. THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN JAMS RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR COMPANY WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

22. Miscellaneous.
a. Notice and Modifications. Company may provide you with notices, including those regarding changes to Company’s terms and conditions, by email, regular mail, or postings on the Service. Notice will be deemed given twenty-four hours after email is sent, unless Company is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Services. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Services is deemed given five (5) days following the initial posting. Company reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in these Terms of Use. Company is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
b. Waiver. The failure of Company to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by Company.
c. Severability. If any provision of these Terms of Use, the Customer Agreement, or any Guideline is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms of Use to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
d. Assignment. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction.
e. Survival. Upon termination of these Terms of Use, any provision which, by its nature or express terms should survive, shall survive such termination or expiration, including, but not limited to, Sections 6 through 8, 11, 13, 16, 17, 18, and 19 through 22.
f. Choice of Language. These Terms of Use and the documents relating hereto have been drawn up in the English language. The English language text and usage thereof in the United States ofAmerica or any other location (if made available in English) shall control the interpretation and construction of these Terms of Use and all other writings between the parties hereto, even if these Terms of Use are translated into any other language. Any notice given under or in connection with these Terms of Use shall be given in the English language. Each party agrees and acknowledges that it fully understands all of the terms and consequences of these Terms of Use and that it has had the opportunity to consult with an attorney of its own choosing regarding these Terms of Use. In the event of any conflict between the English language text of these Terms of Use and the text of any translation of these Terms of Use, the English language text of these Terms of Use shall control.
g. Headings. The heading references herein are for convenience only, do not constitute a part of these Terms of Use, and will not be deemed to limit or affect any of the provisions hereof.
h. Entire Agreement. These Terms of Use, including the agreements incorporated by reference, constitute the entire agreement between you and Company relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change made by Company as set forth in these Terms of Use.
i. Claims. You agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
j. Disclosures. The Services are offered by MentalFit, LLC, can be reached via email at: Info@mentalfitlife.com. If you are a California resident, (a) you may have this same information mailed to you by emailing the foregoing email address with your address and a request for this information; and (b) in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.