Terms and conditions of use

WE ADVISE USERS TO ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS REGARDING HEALTH OR MEDICAL CONDITIONS.

THE SITE DOES NOT PROVIDE MEDICAL ADVICE

Welcome to mendability.com (the “Site“), websites owned and operated by Mendability LLC (“Mendability“). The Site or any product or service offered on the Site are provided by Mendability, conditional on your acceptance of the terms and conditions of use set out below (referred to as the “Terms and Conditions of Use” or the “Agreement“).

Mendability reserves the right to modify or amend the Terms and Conditions of Use without notice at any time. Any changes will be posted at the Terms and Conditions of Use section of the Site and any such changes will become binding and effective on the date the changes are posted. As such, it is important that the Terms and Conditions of Use be read on a regular basis so that you are aware of any such changes.

IMPORTANT – READ BEFORE ACCESSING OR USING THE SITE OR ANY SERVICES, SOFTWARE, GAMES, PROGRAMS, QUESTIONNAIRES, TOOLS, APPLICATIONS, FEATURES OR FUNCTIONALITY AVAILABLE ON OR THROUGH THE SITE (COLLECTIVELY THE “SERVICES”).

BY SELECTING THE “CONTINUE” BUTTON or BY SELECTING THE “I have read, understood and I agree to the above Terms and Conditions of use” CHECKBOX ON THE TERMS AND CONDITIONS FORM, OR BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AFFIRM THAT YOU ARE OVER THE AGE OF 18, AS THE SITE IS NOT INTENDED FOR CHILDREN.

IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU AGREE THAT SERVICES WILL NOT BE PROVIDED AND YOU WILL NOT ATTEMPT TO ACCESS OR USE THE SITE OR SERVICES. THE SITE AND ITS SERVICES ARE FOR CONSUMER EDUCATION USE ONLY.

NOTHING CONTAINED IN THE SITE IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT.

BY SELECTING THE “Neither I nor any person within my care on Mendability is at risk for suicide.” CHECKBOX ON THE TERMS AND CONDITIONS FORM, OR BY ACCESSING OR USING THE SERVICES, YOU AGREE THAT THE SITE IS NEITHER INTENDED TO BE USED BY INDIVIDUALS NOR FOR INDIVIDUALS WHO ARE AT RISK FOR SUICIDE AND THAT NEITHER YOU NOR ANYONE IN YOUR CARE ON MENDABILITY IS AT RISK FOR SUICIDE. IF YOU ARE AT RISK FOR SUICIDE OR YOU INTEND TO USE MENDABILITY TO WORK WITH ANYONE IN YOUR CARE WHO IS AT RISK FOR SUICIDE, THEN YOU WILL NOT ATTEMPT TO ACCESS OR USE THE SITE OR SERVICES.

IF YOU OR ANY PERSON WITHIN YOUR CARE IS AT RISK FOR SUICIDE, PLEASE SEEK PROFESSIONAL HELP IMMEDIATELY AND PLEASE CALL THE SUICIDE PREVENTION LIFELINE NUMBER 1-800-273-TALK (8255)

The contents of the Site, including any reports generated from use of the Services and any other information, data, analyses, editorial content, graphics, images, audio and video clips, hyperlinks and references (collectively, the “Content“), are for informational purposes only and are not intended to substitute for professional medical advice, diagnosis, or treatment. You should seek the advice of a physician or other qualified health provider with whom you have such a relationship if you have questions regarding any medical or psychiatric condition or if you are experiencing any symptoms of or believe you may have a medical or psychiatric condition, regardless of any information contained within the Content. You should not ignore professional medical advice or delay in seeking it because of any Content. Furthermore, you should not interpret any reports or any other Content as recommending any specific treatment plan, product or course of action. You should always consult your physician or other qualified health provider before starting any new treatment or stopping any treatment that has been prescribed by your physician or other qualified health provider.

Information on the Site is not intended to replace medical advice from a health professional and Mendability does not accept any liability for any error or omission, injury, expense, loss or damage incurred by you or another party as a result of you using or relying on any information contained on the Site or any linked website. All users are urged to seek advice from a qualified health care professional for diagnosis and answers to their medical questions.

While side effects are generally temporary and mild in nature, they may include eating changes, mood swings, sleeping irregularities or changes, seizures in at-risk individuals, increase in crying, changes in the smell of the person’s urine, changes in stool consistency, bladder / bowel incontinence, tantrums, defiance.

PLEASE CALL YOUR DOCTOR OR 911 IMMEDIATELY IF YOU THINK YOU MAY HAVE A MEDICAL OR PSYCHIATRIC EMERGENCY.

PRIVACY

Mendability respects the privacy and confidentiality of your personal information. Mendability does not collect your personal information, except where you provide such information in the course of using the Site. By submitting personal information to Mendability, you acknowledge and agree that you have consented to the collection, use and disclosure of that personal information as specified on any collection form. The general policies of Mendability with respect to the collection, use and disclosure of personal information are reflected in Mendability’s privacy policy, found at https://mendability.com/privacy-policy/ (the “Privacy Policy“) and any questions in that regard may be directed to Mendability’s privacy officer (as identified in the Privacy Policy). Should Mendability change its Privacy Policy, the revised policy will be posted prominently on the Site, or it will be otherwise brought to your attention.

PROPRIETARY RIGHTS

All works and material on the Site, including without limitation, the Content, code and software (the “Materials“) and all organization and presentation of the Materials which form a part of the Site, are the exclusive property of Mendability or its licensors, and are protected by intellectual property laws relating to copyrights, trademarks, trade names, Internet domain names, trade dress and other proprietary rights. Nothing on the Site will be construed as providing, by implication, estoppel or otherwise any license to any proprietary or intellectual property rights in or to any of the Materials to you or any other party. The trademarks, service marks, logos, slogans and Internet domain names on the Site are the exclusive property of Mendability or its licensors. Use of any such property, except as expressly authorized, will constitute a violation of the rights of the owner of the property and a breach of the Terms and Conditions of Use.

MEMBER SERVICES

Certain portions, components, Services, Content and features of the Site are only available to users who purchase a membership (“Member Services“). The Member Services are not intended to be used by any person under the age of eighteen (18) years old. Should you choose to purchase or subscribe to certain Member Services, you agree as follows:

When you register for the Member Services you agree to provide accurate and complete personal information and other information necessary for registration. Mendability relies on this information to provide the Content and Services. Mendability also relies on this information to ensure its Services are compliant under law, and thus cannot be liable for any criminal or civil actions against you that may result from you providing false information.
Once you have registered, you will have a Site account. Mendability has the right, at any time, to place certain limits on your account.
Once you have registered for the Member Services, you hereby consent to receive periodic email communications from Mendability, which may include new product and service offers and other Site information (“Member Emails“). You may choose to opt out of Member Emails; however, Mendability reserves the right to contact you via email at any time with respect to your Site account and your use of the Member Services.
Member Services charges begin on the date you register for the Member Services. You agree to pay, using a valid credit card (or other form of payment which Mendability may accept from time to time), the fixed and periodic charges and fees (including any prepayment plan fees for multiple periods) set forth on the Site, applicable taxes, and other charges and fees incurred in order to access the Member Services. The charges and fees on the Site are expressed in US dollars and your credit card or other account will be charged in US dollars, except if signed up prior to August 2014 then the charges will be maintained in the currency originally charged. Those users with grandfathered plans other than those advertized on the site are bound to the original conditions of those plans and if they cancel the account will forfeit their grandfathered plan and pricing. You acknowledge and agree that you will not receive a bill in the mail for your subscription to the Member Services. Mendability will not refund any amounts paid except at its sole discretion on a case-by-case basis, and will not refund any coupons or additional fees. Recurring subscription fees paid by credit card will automatically renew, unless you affirmatively cancel your subscription prior to the beginning of the next applicable period for which the subscription corresponds. If your Member Services are terminated and are then reinstated, the subscriber will be required to pay any new charges and fees set forth on the Site, including but not limited to, registration fees. Mendability reserves the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on the Site or such other means as Mendability may deem appropriate from time to time (including email or conventional mail).
Mendability reserves the right to change promotion availability, amounts, and exclusivity at any time. Some promotions are exclusive and cannot be combined with other promotions. Coupons must have a valid expiry date and can only be used by one account once. Mendability is not responsible for and will not refund or re-issue lost or previously used coupons, except at its sole discretion. Valid coupons can be used in conjunction with promotion codes, but many promotions are exclusive and you will only be entitled to one promotion in the set of all exclusive promotions.
In the event Mendability cannot charge your account, Mendability reserves the right to terminate your access to the Member Services.
In addition to the fees and charges set forth above, you are responsible for all charges and fees associated with connecting to the Site and the Member Services, including without limitation all telephone access lines (including long-distance charges, when applicable), internet service provider fees, telephone and computer equipment, sales taxes and any other fees and charges necessary to access the Site and the Member Services.
For purposes of your use of the Member Services including identification and billing, you agree to provide Mendability with true, accurate and complete information as required by the membership or sign up process to Member Services (“Account Data“), including your legal name, address, telephone number, email address and applicable billing information (e.g., credit card number and expiration date), and to allow Mendability to share your Account Data with third parties for the purpose of verifying the information you provide and billing your credit card or otherwise charging your account. You agree to maintain and promptly update the Account Data to keep it accurate. Without limiting any other provision of the Terms and Conditions of Use, if you provide any information that is untrue, inaccurate, or incomplete, or Mendability has reasonable grounds to suspect that such is the case, Mendability reserves the right to suspend or terminate your membership or subscription and refuse any and all current or future use by you of the Site (or any portion thereof) or any of the Member Services. You are obligated to check the Site to determine whether your Account Data is current and accurate, and, if not, to correct or update your Account Data including your billing information. You agree to promptly notify Mendability of any changes to your credit card or other billing information while any subscriptions remain outstanding.
Kits may be offered for sale. Kit arrival dates are not guaranteed, and the purchase is separate and not included as part of the Mendability subscription. Kits purchased from third party suppliers are not the responsibility of Mendability.
The contents of the kit are intended for use in Mendability therapy supervised at all times by a competent adult. No part of this kit including the packaging is to be used as a toy. Do not allow children or mentally challenged individuals to play with the contents of this kit except under competent adult supervision. Many parts such as small parts, marbles, un-inflated balloons, plastic film, beads, and small balls present a choking hazard or other hazard.

BREACH OF CONTRACT

Mendability can disable your Site account, and take all further action against you it deems appropriate if, in the opinion of Mendability:

you have violated the terms of this Agreement;
you have Misused the Site, as defined below, even if you are unaware of this Misuse; or
a public authority requests we disable your Site account.

SECURITY AND PASSWORDS

You agree not to share your username or password with others and to choose a password that cannot be easily guessed by others. Mendability is not responsible for any consequences which may result from you sharing your username or password. If Mendability has reason to believe that the security of your Site account has been compromised it retains the right to:

ask you to change your password; and/or
disable access to your Site account. If this should occur, you will be alerted by a Member Email.

You must inform Mendability immediately if you have reason to believe your password has become known to others, or if the security of your username or password has become compromised in any way.

USER SUBMISSIONS

The personal information you submit to Mendability is governed by the Privacy Policy. You agree that you will not upload or transmit any communications or content of any type to the Site public areas including but not limited to the Support Network Forums, Buddy List communications, Site message boards and blogs, testimonials, and user reviews (the “Public Areas“) that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.

If you make any such submission you agree that you will not send or transmit to Mendability by email, (including through the email addresses listed on the “Contact Us” page) or any other communication means any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to Mendability by email, you agree such submission is non-confidential for all purposes.

If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to Mendability by email or other communication means, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted Mendability a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Mendability may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to Mendability by email.

USER SUBMISSIONS — IMAGE, VIDEO, AUDIO FILES

You agree to only post or upload media including but not limited to photos, videos and audio that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. To protect your privacy, you agree that you will not submit any media that contains personal information which may include name, phone number, email address or web site URL of you or of anyone else. Uploading media like images or video of other people without their permission is strictly prohibited. By uploading any media on the Site, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.

It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions of Use and the Privacy Policy. You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or the Site.

Mendability may ask for your permission to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute media and any material included in the media that you have uploaded or that has been submitted featuring you (or your minor). You have the right to refuse permission and Mendability will not use, copy, print, display, reproduce, modify, publish, post, transmit or distribute the media or any material included in such media or that has been submitted featuring you (or any minor children).

If you do grant Mendability permission, you (i) certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes Mendability to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; (ii) agree to indemnify Mendability and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys’ fee, arising from the media and/or your failure to comply with these Terms and Conditions of Use; and (iii) grant to Mendability or successors a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media.

Mendability reserves the right to review all media prior to submission to the Site and to remove any media for any reason, at any time, without prior notice, in their sole discretion.

PUBLIC AREAS

If you use a Public Area, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. Mendability is not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.

In consideration of access to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions of Use:

using a Public Area for any purpose in violation of local, provincial, state, national, or international laws;
posting material that infringes the intellectual property rights of others or the privacy or publicity rights of others;
posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Mendability in its sole discretion;
posting advertisements or solicitations of business;
disrupting the normal flow of dialogue, or posting comments that are not related to the topic being discussed;
posting chain letters or pyramid schemes;
impersonating another person;
distributing viruses or other harmful computer code;
harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments;
allowing any other person or entity to use your identification for posting or viewing comments;
posting the same note more than once or “spamming”; or
engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Areas or the Site, or which, in the judgment of Mendability, exposes Mendability or any of its members, users, customers, licensors or suppliers to any liability or detriment of any type.

Mendability reserves the right but is not obligated to do any or all of the following:

record the dialogue in Public Areas;
investigate an allegation that a communication does not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s);
remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions of Use;
terminate a user or member’s access to any or all Public Areas and/or the Site upon any breach of these Terms and Conditions of Use;
monitor, edit, or disclose any communication in the Public Areas; and/or
edit or delete any communication(s) posted on the Site, regardless of whether such communication(s) violate these standards.

Mendability shall have no liability or responsibility to users or members of the Site and Services or any other person or entity for performance or non-performance of the aforementioned activities.

PUBLIC AREA DISCLAIMER

The opinions expressed by those providing comments in any Public Areas do not necessarily reflect the opinions of Mendability. The Public Areas comment sections are not intended as, and is not, a substitute for professional medical advice. All decisions about clinical care should be made in consultation with your treating physician.

When participating in a Public Area, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated. Mendability is not responsible for the content or accuracy of any information, and will not be responsible for any reliance or decisions made based on such information. When using a Public Area, you may not post, transmit, link to, or otherwise distribute any information, materials or content that do not generally pertain to the designated topic or theme of the particular Public Area. Use of a Public Area for commercial purposes of any kind is strictly prohibited. Please note that Mendability reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of these Terms and Conditions of Use.

COOKIES AND WEB BEACONS

To enhance your experience with the Site, Mendability reserves the right to use “cookies”. Cookies are text files placed in your computer’s browser to store your preferences. Cookies, by themselves, do not tell Mendability your email address or other personal information unless you choose to provide this information to Mendability. However, once you choose to furnish the Site with personal information, this information may be linked to the data stored in the cookie.
Mendability uses cookies to understand Site usage and to improve the content and offerings on the Site. For example, Mendability may use cookies to personalize your experience at the Site (e.g., to recognize you by name when you return to the Site), or save your password in password-protected areas. Mendability also may use cookies to offer you products, programs, or services.
“Web beacons” or clear .gifs are small pieces of code placed on a web page to monitor the behaviour and collect data about the visitors viewing a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page. Mendability may use web beacons on the Site from time to time for this and other purposes.

MISUSE

In consideration of the availability, and your use of, the Site and Services, you agree to comply with all applicable laws and the Terms and Conditions of Use when using the Site and Services. You also agree that neither you, nor any person influenced by you, or any person acting under your direction, will:
use the Site or Services in such a way that violates applicable laws, licence agreements, copyright, or other intellectual property rights;
post, transmit, link to, or otherwise distribute any materials, information, or content constituting, advocating or encouraging conduct that would constitute a criminal offence or give rise to civil liability, or otherwise use the Site or Services in a manner which is contrary to law or would serve to restrict or inhibit any other use from using or enjoying the Site or Services, or the Internet;
post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information; or
use the Site or Services to commit illegal acts, “hack” the Site, or modify or interfere with the Site or Services in any way.

Any of the above actions will constitute “Misuse“.

Any acts you commit, or cause to be committed, which, in the sole opinion of Mendability, intentionally expose the Site or Services to cyber threats such as viruses or hacking, increase the likelihood of a security breach, or cause or may cause any reputational harm to Mendability will also constitute Misuse. Mendability retains the right to take steps to identify and prevent Misuse of the Site or Services.

ADDITIONAL RESTRICTIONS AND PROHIBITED USES

Mendability limits the uses of the account. Except with our written permission, you shall not:

Attempt to impersonate another person or use another person’s account information without authorization;
Use or distribute Mendability for your own scientific or clinical research purposes;
Violate or attempt to violate Mendability’s security features, including logging into a server that you are not authorized to access, or probing the vulnerability of Mendability systems and networks;
Redistribute, decompile, reverse engineer, publish, or copy any part of Mendability, including cracking its source files;
Use Mendability for the purpose of creating a product with a substantially similar look, feel, design or similar therapeutic approach;
Access or search Mendability by any means other than our publicly supported interfaces (for example, “scraping”);
Interfere with the use of Mendability by others or their enjoyment of Mendability;
Resell or otherwise offer for sale Mendability or elements of Mendability to other parties;
Use any trademarks, exercise names, trade names, service marks, copyrights, or logos of Mendability, in unsolicited mailings, spam material, contests or surveys, or to create the impression that such items are associated with you;
Violate any third party’s rights, including intellectual property or privacy rights;
Threaten, stalk, harm, or harass others; or
Engage in activity in connection that is fraudulent, abusive, defamatory, illegal or otherwise inappropriate.

Engaging in prohibited uses is grounds for immediate termination of your Mendability account, and may also subject you to civil or criminal penalties.

USER LIABILITY

You will be liable for any damage resulting from the following:

your Misuse of the Site;
your use of the Site or Services when it was the basis for someone taking legal action against Mendability for violations of applicable laws, license agreements, copyright or other intellectual property rights; or
your use of the Site or Services resulted in others being unable to use the Site or Services properly, resulting in legal action against Mendability.

MENDABILITY LIMITATION OF LIABILITY

The use of the Site, Services and the Content is at your own risk.

When using the Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Mendability. Accordingly, Mendability assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site.

The Site, Services and the Content are provided on an “as is” basis. MENDABILITY, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES AND CONDITIONS EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Mendability, its licensors, and its suppliers make no representations or warranties that the Site, Services or Content will meet your needs, or about the accuracy, reliability, completeness, currentness or timeliness of the Services and Content, software, text, graphics, links or communications provided on or through the use of the Site. Mendability does not warrant that the Site, Services or Content are accurate, reliable or correct, that the Site will be available at any particular time or location, that any defects or errors will be corrected or that the Site, Services or Content are free of viruses or other harmful components. Further, nothing on the Site constitutes advice, nor should the Site or any part thereof, be relied upon in making, or refraining from making, any decision, medical or otherwise.

Mendability is not liable for any losses you may suffer which result from any viruses, “Trojan Horses”, “worms”, “cancelbots” or other harmful, disruptive or destructive files or computer programs that may infect your computer equipment or other property on account of your access to, or use of the Site, Services or Content. Mendability is not liable for any losses you may suffer which result from any attack from third parties on your Site account, Account Data or the Site.

In the event that you have a dispute with one or more users or members, Mendability hereby disclaims and you hereby waive any recourse to or against Mendability and agree to release and indemnify Mendability and its directors, officers, employees, agents and third-party contractors and suppliers from and against any and all claims, demands, damages, losses, costs and expenses of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes or any breach of these Terms and Conditions of Use.

You understand and agree that any material or data downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk and that Mendability will not be responsible for any damage or loss suffered by you as a result of the download or use of such material or data, including damage to your computer system or loss of data.

Under no circumstances will Mendability, its licensors, its suppliers or any third parties mentioned on the Site be liable to you for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from use of or inability to use the Site, Services or Content, whether based on warranty, contract, tort or any other legal theory, and whether or not Mendability, its licensors, its suppliers, or any third parties mentioned on the Site has been informed in advance or ought reasonably to have known of the potential for such damages.

The entire liability of Mendability, its licensors and its suppliers, and your exclusive recourse, in the event of any claim(s) for which the Mendability parties or any of them may properly be held liable under this Agreement, regardless of the form of action or basis of liability (including statute, contract, tort, negligence, gross negligence, strict liability, breach of a fundamental term or fundamental breach), shall be limited in the aggregate (regardless of the number of claims), to the amounts paid by you to Mendability. No legal action or proceeding arising out of this Agreement, regardless of form or basis in law, may be brought by you against Mendability or any of the other Mendability parties more than twelve (12) months after the facts giving rise to the cause of action have occurred, regardless of whether those facts by that time are known to, or ought reasonably to have been discovered by you. The limitation of liability provisions of this Agreement reflect any informed voluntary allocation of the risks (known and unknown) that may exist in connection with the performance by Mendability of their respective obligations and responsibilities hereunder and such voluntary risk allocation represents a material part of the Agreement reached between you and Mendability in respect of the Site, Services and Content.

The Site may contain links to other websites maintained by independent third parties over which Mendability has no control. Any such links are provided solely as a convenience for users of the Site and do not constitute an endorsement by Mendability of the content of such third party sites. Mendability makes no representations and disclaims all responsibility for such privacy practices, contents or accuracy of content on any such third party websites. Your use of such links is solely at your own risk. Links to this website may also be provided from other sites either known or unknown to Mendability and access to any other website linked to or from the Site is at your own risk. The Internet is not a secure medium and is subject to possible interception, loss, corruption, or alteration of communication for which Mendability assumes no liability.

Mendability specifically disclaims any liability to any users in jurisdictions in which the uses of services such as those offered by Mendability are illegal. Mendability is not liable for any consequences resulting from the use of the Site, Services or Content by users in jurisdictions where such use is illegal.

INDEMNITY

You agree to defend, indemnify, and hold Mendability, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions of Use.

FORCE MAJEURE

Mendability will not be liable for any delay or failure to perform to the extent due to causes beyond its reasonable control.

TRANSFER OF RIGHTS

You cannot transfer your rights or commitments arising from this Agreement to anyone. Mendability retains the right to transfer its rights or obligations arising from this Agreement to others without your consent.

You cannot transfer your account to anyone without Mendability’s consent.

NOTICE

You agree that sending an email to the email address associated with your Site account and Account Data will constitute effective notice. If you need to contact Mendability you can do so through the Site, and an email sent to the Mendability email address displayed on the Site will constitute effective notice. Notice will be effective once the email is sent, unless the party sending the email becomes aware that it was not deliverable.

ARBITRATION

ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS CAPABLE IN LAW OF BEING SUBMITTED TO BINDING ARBITRATION) AGAINST MENDABILITY, its agents, employees, officers, directors, successors, assigns or affiliates (collectively for purposes of this paragraph, “Mendability“) arising from or relating to these Terms and Conditions of Use, their interpretation, or the breach, termination or validity thereof, the relationships between the parties, whether pre-existing, present or future, (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to these Terms and Conditions of Use), Mendability’s advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY according to the Utah Uniform Arbitration Act 78B-11. The place of arbitration shall be American Fork, Utah, USA. The language of the arbitration shall be English. The arbitration will be limited solely to the dispute or controversy between the user and Mendability. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.

GENERAL

This Agreement shall be deemed to have been made and performed exclusively in Utah and shall be governed by and interpreted in accordance with the laws of the State of Utah and the federal laws of the United States of America applicable therein without regard to conflict of laws principles. Subject to the Arbitration provision above, you agree to submit to the exclusive jurisdiction of the Courts of the State of Utah, and hereby waive the application of any conflict of laws or rules that would result in a different forum, including physical location, residence or domicile.

Mendability’s failure to insist upon or enforce strict performance of any provision of this Agreement will not be construed as a waiver of any provision or right.

The individual clauses of this Agreement are valid independent of each other and, should any part of this Agreement be declared invalid or unenforceable by a court of competent jurisdiction, this will not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of this Agreement had been eliminated.

This Agreement was written in English and, in any legal dispute, this English version will be legally binding.

ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.

I CERTIFY THAT I AM NOT A MINOR AND THAT I AM ABLE TO ENTER INTO THIS AGREEMENT; AND

I ACKNOWLEDGE HAVING READ THE TERMS AND CONDITIONS OF USE AND HAVING PRINTED A COPY OF THE TERMS AND CONDITIONS OF USE; AND

I ACKNOWLEDGE AND UNDERSTAND THAT THE SITE DOES NOT PROVIDE MEDICAL ADVICE AND THAT THE INFORMATION ON THE SITE IS NOT INTENDED TO REPLACE MEDICAL ADVICE FROM A HEALTH PROFESSIONAL; AND

I ACKNOWLEDGE THAT I AM NOT AT RISK FOR SUICIDE NOR INTEND TO USE MENDABILITY TO WORK WITH ANYONE IN MY CARE WHO IS AT RISK FOR SUICIDE; AND

I UNDERSTAND THAT IN ORDER TO USE THE SITE, I MUST ACCEPT AND ABIDE BY THESE TERMS AND CONDITIONS OF USE. OTHERWISE I WILL NOT ACCESS OR USE THE SITE, SERVICES OR CONTENT.