TERMS OF SERVICE AND USE AGREEMENT
- Definitions.
“HealthyMindHealthySelf”, including any contained products, other media forms, media channel, mobile website, or online or mobile application related or connected thereto (collectively, the “Site”), is an interactive on-line service owned and operated by Wild Mariposa LLC. “User” means each person who merely enters the Site, or views Site information to use the Site and included information for any purpose.
2. General.
(A) The Site is intended for informational and educational purposes only. It is not intended to be used or substituted for professional advice, consultation, legal advice, financial advice, supervision, diagnosis, treatment, medical treatment, psychotherapy, counseling, or mental health services. Use of the Site does not create any of the above-mentioned relationships between the User and “HealthyMindHealthySelf” or Wild Mariposa LLC, or any associated resources or subsidiaries. Do not rely upon information on the Site for any other the above purposes.
(B) “HealthyMindHealthySelf” may recommend or endorse products, opinions, or other information that may be mentioned on the Site. Actions taken after reading any information provided by the Site, or other visitors to the Site, shall be understood to be taken at your own risk and are not in reliance upon the Site. Nothing on the Site or resulting from the Site should be interpreted to interfere with or substitute for care included as part of the health care services you receive.
(C) The Site may contain links to, or otherwise allow connections to, other websites, servers, or online locations that are not owned or operated by “HealthyMindHealthySelf”. “HealthyMindHealthySelf” is not responsible or liable for the content, policies or practices of any third-party websites, servers, or online services or environments, or any detriment you may encounter as a result of visiting those sites.
(D) “HealthyMindHealthySelf” provides the Site as a supplemental source of information that may be of benefit for Users.
(E) “HealthyMindHealthySelf” does not provide any warranties related to the information contained in the services provided.
(F) “HealthyMindHealthySelf” shall have the right at any time to change or discontinue any aspect or feature of the Site,
(G) This Agreement, which incorporates by reference other provisions applicable to use of the Site, sets forth the terms and conditions that apply to the use of the Site. By using the Site, Users agree to comply with all of the Terms and Conditions hereof. The right to use the Site is personal to User and is not transferable to any person or entity.
(H) The Site and any contained contents are protected by copyright policies and are the property of “HealthyMindHealthySelf”. The contents cannot be reproduced or distributed.
3. Redistribution Policy.
All products and content contained within the Site are not intended for redistribution.
4. Changed Terms.
“HealthyMindHealthySelf” shall have the right at any time to change or modify the Terms and Conditions applicable to use of the Site, or any part thereof, or to impose new conditions, including, but not limited to, adding, or increasing fees and charges for use. Such changes, modifications, additions, or deletions shall be effective immediately upon notice, which may be given by any means including, but not limited to, posting on the Site, or by electronic or conventional mail, or by any other means by which “HealthyMindHealthySelf” may provide notice thereof. Any use of the Site by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications, or additions.
5. Disclaimer of Warranty; Limitation of Liability.
(A) USER EXPRESSLY AGREES THAT USE OF THE SITE IS AT USER’S SOLE RISK. Neither “HealthyMindHealthySelf”, its affiliates nor any of their respective principals, partners, officers, directors, subsidiaries, affiliates, agents, employees, successors, heirs, and assigns, third party content providers or licensers warrant that the Site will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the Site, or as to the accuracy, reliability or content of any information, or service provided through the Site.
(B) The Site is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction, or modification under the laws applicable to this Agreement. It does not guarantee your results achieved from any of our programs or offerings.
(C) User specifically acknowledges that “HealthyMindHealthySelf” is not liable for the defamatory, offensive, or illegal conduct of other Users or third parties and that the risk of injury from the foregoing rests entirely with User. User agrees to hold harmless “HealthyMindHealthySelf” and all related principals, partners, officers, directors, subsidiaries, affiliates, agents, employees, successors, heirs, and assigns, third party content providers or licensers for any embarrassment, liability, or damages User may experience as a result of participation on the Site, including claims of defamation.
(D) In no event will “HealthyMindHealthySelf”, or any person or entity involved in creating, producing or distributing the Site or the Site’s software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, and consequential or punitive damages arising out of the use of or inability to use the Site. User hereby acknowledges that the provisions of this section shall apply to all content on the Site.
(E) In addition to the foregoing, neither “HealthyMindHealthySelf”, nor its principals, partners, officers, directors, subsidiaries, agents, employees, successors, heirs and assigns, affiliates, information providers or content partners shall be liable for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within the Site, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby.
6. Indemnification.
User agrees to indemnify, defend, and hold harmless “HealthyMindHealthySelf” its affiliates and their respective directors, principals, partners, officers, subsidiaries, successors, heirs and assigns, affiliates, employees, and agents from and against all claims, losses, damages, fines, and expenses, including attorneys’ fees and costs, arising directly or indirectly out of or in connection with the use of the Site by User, and/or the breach or alleged breach of the Terms and Conditions contained herein.
7. Trademarks.
The Site and each of its associated logos are trademarks and/or the sole property of “HealthyMindHealthySelf” and Wild Mariposa LLC. All rights are reserved. All other trademarks appearing on the Site are the property of their respective owners. Your access to or use of our Site or Service does not grant you right or license to use any logos or trademarks as found herein.
8. Third Party Content.
In some cases, the Site is a distributor (and not a publisher) of content supplied by independent third parties. Accordingly, there are some cases in which the Site has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other user of the Site, are those of the respective author(s) or distributor(s) and not of “HealthyMindHealthySelf”.
Under no circumstances will “HealthyMindHealthySelf” be liable for any loss or damage caused by a User’s reliance on information obtained through the Site. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, hypothesis, suggestion, opinion, advice, or other content available through the Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, hypothesis, suggestion, opinion, advice, or other content.
Through the Site, you may gain access to services or links of other third-party entities. If you access services other than those offered directly by this Site, your actions shall be determined and governed by the third-party content and terms provided.
9. Children’s Privacy and Compliance with the Children’s Online Privacy Protection Act (COPPA).
The Site is not intended or designed to attract persons under the age of 13. We do not collect information from any person we actually know to be under the age of 13. Any User who provides information to the Site does so voluntarily and with confirmation that the User is age 13 or older.
10. Miscellaneous.
This Agreement, our Site, and our Service are governed by the laws of the State of Florida, without regard to its conflict of law principles. The City of Miami, Florida where “HealthyMindHealthySelf” is located, shall be the forum for any legal action relating to our Site, Content, or Service. Should legal action or suit occur, User agrees to the sole and exclusive jurisdiction and venue of state and federal courts in Miami, Florida. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement of Service shall take precedence. The failure of “HealthyMindHealthySelf” to enforce any provision or right as found in this Agreement will not constitute a waiver of such provision or right. The use of section headings in this Agreement is merely for convenience and in no way limits or defines how this Agreement should be construed. This Agreement and any operating rules for the Site constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. In the event that any suit or legal action should be made to enforce the terms and conditions of service and use, the party prevailing shall recover from the other party all fees, costs, and expenses, including, without limit, any and all fees, costs, and expenses related to appeals and attorneys or other professional services including but not limited to accountants used to enforce the rights under these terms and conditions of service and use.
REFUND POLICY
Refunds are based on the full or partial amount paid for the product at the time of ordering and does not include shipping/handling charges.Â
PRIVACY POLICY
The following Privacy Policy is intended to inform the Site visitor or “User” of our practices regarding how we collect, use, disclose, and safeguard your information when you visit “HealthyMindHealthySelf”, including any contained products, other media form, media channel, mobile website, or online or mobile application related or connected thereto (collectively, the “Site”), as owned and operated by “HealthyMindHealthySelf” and Wild Mariposa LLC. Please read this Privacy Policy carefully. If you do not agree with the terms of this Privacy Policy, please do not access the Site.
Examples of Information We May Collect
When we indicate that we “share” data, that does not mean we sell your data or share your Protected Health Information (PHI). To the contrary, the sharing of information in the form of cookies and other analytics is to improve the services we can offer, analyze our own effectiveness through our product, and ensure to the best of our ability a satisfying web experience for you. It is through well-managed sharing and analytics, for example, that we can determine if you have reached our Site as the result of our marketing efforts to you. Well-managed analytics also ensure, for example, that when you enter a search word that has two (or more) meanings, your computer will know how the search relates to your historical use, predict what you want and need, and simplify your browsing experience. Without these methods, your searches can be slow and frustrating. With them, your searches may become quick and smooth, virtually intuitive. At all times, without exception, we protect your PHI. Thus, in order to provide quality services, we may collect information about you in a variety of ways, including but not limited to:
Personal Data: In order to use some parts of the Site, a User must first complete a registration form. During registration, a user is required to give their contact information, usually your name and email address. Personally identifiable information is information such as your name, address, email address, and telephone number, and demographic information that you voluntarily give to us when you register with the Site or our mobile application, or when you choose to participate in various activities related to the Site and our mobile application. You are under no obligation to provide us with personal information of any kind, however your refusal to do so may prevent you from using certain features of the Site and our mobile application. This information is primarily used to contact the User about the services on our Site for which they have expressed interest. It is not shared with or sold to any other entity for use outside of the product for which you are registering at our Site.
Collection of Anonymous Information: In addition to the use of personal information, the Site may also gather anonymous information which may be used by “HealthyMindHealthySelf” or shared with – not sold to – third parties. Generally, this information is collected through “traffic data” and may entail the use of Cookies and IP addresses. “HealthyMindHealthySelf” use such traffic data to help determine how our Users use parts of the website so we can analyze trends, administer the Site, track User’s movement, gather broad demographic information for aggregate use to ensure a better experience for you. IP addresses and other traffic data are not linked to personally identifiable information.
Derivative Data: When you access the Site, information our Site may automatically collect may include data such as your IP address, browser type, operating system, access times, and the pages you have viewed directly before and after accessing the Site. Collection of such data is a standard practice designed to clarify to us whether you have entered our Site as the result of our own outreach to you such as from a newsletter or email you received from “HealthyMindHealthySelf”. If you are using our mobile application, this information may also include your device name and type, operating system, phone number, country, and other interactions with the application and other Users via server log files, as well as any other information you choose to provide. At no time is this collected data sold to a third party.
Financial Data: Certain financial information such as data related to your payment method (e.g., valid credit card number, card brand, expiration date) may be collected when you use or request information about our services from the Site or our mobile application. We store only extremely limited, if any, financial information that we collect. Otherwise, all financial information is stored by our payment processor, PayPal or Stripe. You are encouraged to review their privacy policy and contact them directly for responses to your questions.
Data from Quality Improvement Surveys or Other Contact with “HealthyMindHealthySelf”: Certain personal and other information may be collected such as information you choose to provide when responding to quality feedback surveys or when you contact “HealthyMindHealthySelf”.
Mobile Application Information: If you connect using our mobile application, we may collect:
Geo-Location Information: We may request permission to access location-based information from your mobile device, either continuously or while you are using our mobile application, to provide location-based services as required by law or policy. If you wish to change our access or permissions, you may do so in your device’s settings.
Mobile Device Data: We may collect device information (such as your mobile device ID, model and manufacturer), operating system, version information and IP address.
Examples of How We May Use Your Information
Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. Specifically, we may use data collected about you via the Site or our mobile application for purposes such as but not limited to:
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Administer customer support
Assist law enforcement and respond to subpoena
Compile anonymous statistical data and analysis for use internally, with third parties, for research and/or publication
Create and manage your account
Verify your identity
Deliver information about the Site and associated products and services to you
Email you regarding your account or order
Enable user-to-user communications
Fulfill and manage account information and other transactions related to the Site
Generate a personal profile about you to make future visits to the Site more personalized
Increase the efficiency and operation of the Site
Monitor and analyze usage and trends to improve your experience with the Site
Notify you of updates to the Site
Offer new products, services, and/or recommendations to you
Perform other business activities as needed
Prevent fraudulent transactions, monitor against theft, and protect against criminal activity; Process payments and refunds
Request feedback and contact you about your use of the Site
Resolve disputes and troubleshoot problems
Respond to product and customer service requests
Solicit support for the Site
Examples of How We May Disclose Your InformationÂ
We may share information we have collected about you in certain situations. For example, your information may be disclosed as follows:
By Law, Subpoena, or Regulation: “HealthyMindHealthySelf” does not disclose the identities of visitors or Users of the Site unless legally required to do so. We will respond to any subpoena received from a government agency (such as but not limited to the Securities and Exchange Commission or law enforcement agencies) in accordance with the law. Unless prohibited by law or by a valid court order, we will notify you of any subpoena received from any other party (such as but not limited to for civil litigation) which requires us to disclose your identity, in accordance with the law, as required by the deadline in the subpoena, before providing the information requested by the subpoena.
Third-Party Service Providers: We may share your information with third parties that perform specific services for us or on our behalf, including payment processing, data analysis, email delivery, hosting services, customer service, and marketing assistance.
Third-Party Collection: We may use third-party companies to collect data when you visit the Site or our mobile application. These companies may use information about your visits to the Site and our mobile application and other websites that are contained in web cookies in order to provide better services of interest to you. As indicated herein, the information is not sold.Â
Affiliates: We may share your information with our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include any subsidiaries, joint venture partners or other companies that we control or that are under common control with us.
Business Partners: We may share your information with our business partners to offer you certain products, services, or additional information.
Other Third Parties: We may share the online information you have provided to us with third parties for the purpose of conducting general business analysis. We may also share your information with such third parties for marketing purposes, as permitted by law. It is not sold to any entity. Marketing data is information that can be used to improve product development, promotion of Company services, distribution, and related strategies such as branding, and determining customer needs and preferences.
Conditions of Use
Your access and use of the Site is subject to this Privacy Policy and associated Terms and Conditions including limitations on damages and the applicability of the law of the State of Florida.
“HealthyMindHealthySelf”
The following provisions apply to information “HealthyMindHealthySelf”, learn about or obtain from you when you visit the Site. Your access or use of the Site constitutes your legally binding acceptance of and agreement to this Privacy Policy. Definitions contained in the Site’s Terms and Conditions shall apply to this Privacy Policy as well.
Your Rights, Communication Opt-Out, and Information Change Request Procedures
You have rights regarding our collection and use of your personal information:
You have the right to request certain information we have collected about you.
You have the right to opt-out of receiving future contacts or mailings. “HealthyMindHealthySelf”, provides you with the opportunity to opt-out of receiving electronic communications from us and our partners at the point where we request information about you. If you no longer wish to receive correspondence, emails, or other communications from third parties, you are responsible for contacting the third party directly.
You have the right to request deletion or modification of your personally identifiable information from “HealthyMindHealthySelf” records. To delete or modify your personally identifiable information, please contact [email protected]. If you request the deletion or termination of your account, we will deactivate or delete your account and information from our databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms and Conditions and/or comply with legal requirements or regulations (such as for some states that may require enhanced privacy rights and consumer protection as is the case with the California Consumer Privacy Act, or CCPA).
We may not discriminate against you if you exercise your rights as described in this notice. For example, we may not deny goods or services to you, or charge you different prices or rates, or provide a different level of quality of products or services if you choose to exercise your rights.
Security of Your Information
“HealthyMindHealthySelf” use administrative, technical, and physical security measures consistent with industry standards to help protect against the loss, misuse, or alteration of information under “HealthyMindHealthySelf” control. Your information is protected during transmission and at-rest. While we have taken reasonable steps to safeguard the personal information you provide to us, please be aware that despite our efforts, any electronic platform may be vulnerable to security risk and cannot guarantee 100% security. Your use of this Site is with this knowledge and approval despite potential risk.
Links to Third Party Sites
The Site may contain links to other sites. These links are for the convenience of visitors to the Site only, and neither “HealthyMindHealthySelf” Inc. nor the Site makes any representation or assurances whatsoever regarding such other sites. You should review the privacy policies of other sites carefully before providing any information to such sites or accepting information from them. Neither “HealthyMindHealthySelf” nor the Site is responsible for the privacy policies or procedures or the content of any other site.
Controls for Do-Not-Track Features
Most web browsers and some mobile operating systems include a Do-Not-Track (“DNT”) feature or setting that you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Policy.
Assignment Changes
“HealthyMindHealthySelf” may change its ownership or corporate organization while providing the website and services. If we reorganize, undergo a merger, or are acquired by another entity, we may transfer your information to the successor entity. You acknowledge that such transfers may occur and that the transferee may decline to honor commitments we made in this Privacy Policy. However, “HealthyMindHealthySelf” strive to ensure that any new organization also implements this Privacy Policy.
Compliance with the Children’s Online Privacy Protection Act (COPPA)
The Site is not directed at children under the age of 13. “HealthyMindHealthySelf” comply with the Children’s Online Privacy Protection Act and do not knowingly permit submission of Personal Information by anyone under 13 years of age.
Supplemental Privacy Right for California Residents
Effective January 1st, 2020, this Privacy Notice for California Residents supplements the information contained in this Privacy Policy, and applies only to California residents (“You”, “your” or “consumer”). California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. Be aware, there may be legal retention or legal and policy restrictions that prevent us from honoring your request. If you are a California resident and would like to make such a request, please submit your request to [email protected].
Supplemental Privacy Right for Nevada Residents
Effective October 1st, 2019, , the Supplemental Privacy Notice for Nevada Residents adds to the information contained in this Privacy Policy, and applies only to Nevada residents (“You”, “your” or “consumer”). We collect certain personal information of Nevada consumers through our Internet websites or other online Service. This information may include personally identifiable information such as a first and last name, physical address, contact identifiers, and telephone numbers. We collect this personal information for the purposes described in this Privacy Policy. If you would like to review, correct, or update your personal information, you or your authorized representative may submit your written request to [email protected]. We will respond to your verified request as soon as reasonably practicable, but no later than sixty (60) days after receipt. If circumstances cause any delay in our response, you will be promptly notified and provided a date for our response.
Changes to This Privacy Policy
We reserve the right to make changes to this Privacy Policy at any time and for any reason without prior notice, at “HealthyMindHealthySelf”’s sole discretion and as provided by applicable law. If this Privacy Policy changes, we will alert you about any changes by posting the revised policy on this Site and providing the date updated. Any changes or modifications will be effective immediately upon posting the updated Privacy Policy on the Site, and you waive the right to receive specific notice of each such change or modification. You should periodically check this Privacy Policy for any such changes. Regardless of such changes, by continuing use of the Site, you acknowledge you have been made aware of, will be subject to, and have accepted the changes in any revised Privacy Policy.
How to Contact Us
If you have any questions, comments, or concerns about this Privacy Policy or the information practices of this Site, please contact us at [email protected]. Please note that this Site does not address issues related to health information.
These provisions may be changed from time to time and without notice, at “HealthyMindHealthySelf” sole discretion and as provided by applicable law. You should check this Privacy Policy frequently for any such changes, but in any case your continued access or use of the Site shall constitute acceptance of any modifications of the Privacy Policy. “HealthyMindHealthySelf” use of information gathered or obtained now is subject to the Privacy Policy in effect at the time of such use. The following provisions apply to information “HealthyMindHealthySelf” learns about or obtains from you when you visit “HealthyMindHealthySelf” Web site (the “Site”). Your access or use of the Site constitutes your legally binding acceptance of and agreement to this Privacy Policy. Definitions contained in the Site’s Terms shall apply to this Privacy Policy as well.
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Links:
The Site may contain links to other sites. These links are for the convenience of visitors to the Site only, and “HealthyMindHealthySelf” makes no representations whatsoever regarding such other sites. You should review the privacy policies of other sites carefully before providing any information to such sites. “HealthyMindHealthySelf” is not responsible for the privacy policies or procedures or the content of any other site.
Security:
The Site has reasonable security measures in place to protect against the loss, misuse or alteration of information under “HealthyMindHealthySelf” control.
Compliance with COPPA:
The Site is not directed at children under the age of 13. “HealthyMindHealthySelf” complies with the Children’s Online Privacy Protection Act and does not knowingly permit submission of Personal Information by anyone under 13 years of age.
Subpoenas:
“HealthyMindHealthySelf” does not disclose the identities of visitors or users of the Site unless legally required to do so. We will respond to any subpoena received from a government agency (i.e., the Securities and Exchange Commission or law enforcement agencies) without prior notice to you. Unless prohibited by law or by a valid court order, we will notify you of any subpoena received from any other party (i.e., for civil litigation) which requires us to disclose your identity, and will wait ten (10) days, or a lesser amount of time as required by the deadline in the subpoena, before providing the information requested by the subpoena.
Correct/Update Procedure:
If you want to delete or modify your Personal Information or Automated Information from “HealthyMindHealthySelf” records, you may do so by:Â
Email:Â [email protected]
Conditions of Use:
Your access and use of the Site is subject to this Privacy Policy and Web Site Terms including limitations on damages, and the applicability of the law of the State of Florida.
