THIS IS A LEGAL DOCUMENT. YOU MUST AGREE TO BE BOUND BY IT TO USE THE SITE AND THE PLATFORM. IF YOU DO NOT AGREE, YOU MAY NOT USE THE SITE OR THE PLATFORM. THE SITE, PLATFORM, OR COACH SERVICES DO NOT OFFER LICENSED HEALTHCARE SERVICES.
IF YOU HAVE CONCERNS ABOUT ANY MEDICAL CONDITION, DIAGNOSIS, OR TREATMENT, YOU SHOULD PERSONALLY CONSULT WITH A LICENSED HEALTHCARE PROVIDER.
IF YOU EXPERIENCE A MEDICAL EMERGENCY (INCLUDING SUICIDAL OR HOMICIDAL THOUGHTS), YOU SHOULD IMMEDIATELY CALL 911 OR VISIT YOUR NEAREST EMERGENCY ROOM.
SECTION 20 CONTAINS AND INDEMNIFICATION, WHICH MAY HAVE SIGNIFICANT LEGAL CONSEQUENCES. PLEASE READ IT CAREFULLY.
Client Licensing Agreement and Terms of Use
Welcome to Reviving Mind! We are excited to work together. Please read this Client Licensing Agreement and Terms of Use (the “Agreement” and “Client Terms of Use”) carefully, as it sets forth some of the terms and conditions of your contract with Reviving Mind Labs, Inc., a Delaware corporation (“Reviving Mind”).
This Agreement is a legal document. The terms and conditions apply to the Reviving Mind website (“www.revivingmind.com,” and “Site”). This Agreement also applies account creation on the Site (“Registration”) and to the Platform (defined below), and any and all websites and applications, which allows coaches to offer you a global continuum of mental wellness that is committed to providing you with comprehensive care for mental wellness.
By choosing to proceed with Registration, you acknowledge and are bound to the terms and conditions of this Agreement. You (also referred to as “Client(s)”) also acknowledge that you understand and agree to the terms of this Agreement.
1. Acceptance and Agreement to Be Bound
(a) This Agreement forms a legally binding contract between you and Reviving Mind for your access to and use of the Registration and the Platform (defined below). You represent and warrant that you have the right and authority to bind yourself to this Agreement. You also represent and warrant that you are at least 18 years of age.
(b) By accessing the Site and using the Site and Platform, you agree to allow Reviving Mind to collect, use, and disclose your information under the terms explained in the Privacy Policy. Reviving Mind may change this Agreement without notice, and your continued use of the website signifies that you agree to be bound by any changes.
(c) This Agreement governs your access to and use of the Reviving Mind Site and Platform. By accessing the Site or using the Platform, you agree to be bound by this Agreement and the Privacy Policy. You may use the Site and Platform only if you can form a binding contract with us and only in compliance with this Agreement, as well as all applicable local, state, national, and international laws, rules, and regulations.
2. The Reviving Mind Site is Not Intended for Young Children
(a) The Site, the Platform, and Registration are not intended or designed to attract children under the age of 13. Reviving Mind does not collect personally identifiable information from any person known by Reviving Mind to be a child under the age of 13. Should we inadvertently come to possess personally identifiable information about a child under the age of 13, Reviving Mind will not knowingly disclose contact information relating to a child under the age of 13 to any third-party.
3. Reviving Mind Platform and Coach Services
(a) The Reviving Mind Site offers a digital platform (“Platform”) that aims to connect potential Clients to individuals offering various mental wellness services (“Coach(es)”). After a Client is connected to a Coach, the Client may begin to receive mental wellness services (“Coach Services”) from trained Coaches.
(b) The Site and the Platform do not provide or render Coach Services. The service Reviving Mind does provide is operating the Platform, which offers a digital way to connect people seeking Coach Services with Coaches. Reviving Mind is a conduit between Clients and Coaches but does not engage in the provision of mental wellness services.
(c) All Coaches featured on the Site, and the Platform have independently chosen to work with Reviving Minds and are licensees of Reviving Mind. When appropriate, the Coaches are independently certified and insured, and any issue, warranty, or claim by a Client must be directly addressed to the respective Coach.
4. Client Representations and Warranties
(a) You represent and warrant that all information you provide to the Platform about yourself is accurate and complete.
(b) You further represent and warrant that you agree that any information you will provide in or through the Site or Platform in the future is accurate and complete.
(c) You represent and warrant that you will make sure to maintain and update this information so it will continue to be accurate, current, and complete.
(d) You represent and warrant that you understand that you are not receiving any kind of licensed healthcare services on the Site or Platform or from the Coaches. You understand that Coach Services are not licensed healthcare services in any state or jurisdiction.
5. Not Subject to HIPAA
(a) Reviving Mind respects the privacy of your personal information and makes every effort to keep Client information secure. However, Reviving Mind has concluded that it is not a covered entity under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 (“HIPAA”), and that it is thus not subject to all HIPAA requirements. As such, Reviving Mind has no legal obligation to maintain HIPAA compliance for any Client PHI.
(b) Please do not send, submit, email, or otherwise disclose their PHI directly to Reviving Minds. You should always exercise caution when disclosing any information to the Coaches.
6. License Grant and Permitted Use
(a) Unless otherwise expressly stated, Reviving Mind or its licensors own all of the Platform and the Content. The United States, worldwide copyright laws, and treaty provisions protect the Platform and the Site.
(b) So long as you comply with this Agreement and subject to this Agreement and Privacy Policy, Reviving Mind hereby grants you a limited, personal, non-exclusive, and non-transferable license to use the Site, Registration, and Platform for as long as your Registration remains active (collectively referred to as “License Grant”).
7. Fees and Billing
(a) Subscription Service and Fee. We provide you with access to the Platform and Coach Services on a subscription basis (“Subscription Service”) and for a monthly fee (“Fee”). Fees are detailed on the Site.
(b) BILLING. BY PURCHASING COACH SERVICES OFFERED BY COACHES ON THE SITE OR PLATFORM, YOU AGREE TO PAY THE FEE. THE FEE WILL AUTOMATICALLY BE CHARGED TO YOUR PREFERRED PAYMENT METHOD. YOU AGREE THAT YOUR CREDIT CARD WILL BE AUTOMATICALLY CHARGED THE FEE ALONG WITH APPLICABLE TAXES UNTIL YOU CANCEL YOUR SUBSCRIPTION WITH US. IF YOUR PAYMENT METHOD FAILS AND YOU DO NOT PAY OR DO NOT PAY ON TIME, REVIVING MIND MAY CANCEL OR SUSPEND YOUR ACCOUNT.
(c) Payment Methods. The payment can be made with a credit card through Square or another third-party vendor integrated into Reviving Mind (“Payment Processor”). Payment processing services for the Fees are provided by a Payment Processor and are subject to its Third-Party Terms of Service (“Payment Processor Terms of Service”). By agreeing to these terms or continuing to obtain use of the Platform and Coach Services, you agree to be bound by the Payment Processor Terms of Service, as the same may be modified by the Payment Processor from time to time. As a condition of Reviving Mind enabling payment processing services through the Payment Processor, you agree to provide Reviving Mind accurate and complete information about you and your business, and you authorize Reviving Mind to share it and transaction information related to your use of the payment processing services provided by the Payment Processor.
(d) Authorization. By providing payment information to us, you grant the Payment Processor and us your consent and authorization for your credit card to be charged for the Fee for the continuing use of the Subscription Service. All overdraft, chargebacks, and bank fees are your sole responsibility.
(e) Changes. Reviving Mind may change, modify, add, remove, suspend, cancel, or discontinue any of its Coach Services or its Platform, including the functionality, content, and/or availability of any features of such Coach Services or Platform in the sole discretion of Reviving Mind.
(f) Notice of Fee Increase. Reviving Mind will provide you with 30 days’ notice of a Fee increase prior to you being billed. By continuing to use the Platform or the Coach Services, you agree to be charged the increased Fee.
(g) Cancellation and No Refund. You can cancel your Subscription Service at any time by notifying Reviving Mind at hello@revivingmind.com. You will maintain your access to the Subscription Service through the end of the month for which you have already paid. However, you will lose access to the Subscription Service on the first calendar day of the month following your cancelation request. Reviving Mind does not offer refunds.
(h) Taxes. The Fee is exclusive of value-added, goods and devices, sales, or other tax. You are solely responsible for such payment and compliance with such taxes.
(i) Termination. Reviving Mind, at its sole discretion, may terminate your use of the Platform or Coach Services at any time and for any reason without notice for any conduct which violates this Agreement. You agree that if your use of the Site is terminated pursuant to this Agreement, you will not attempt to use the Site under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will, to the fullest extent permitted by law, indemnify and hold Reviving Mind harmless from any and all liability that Reviving Mind may therefore incur.
8. Creating an Account
(a) You must create an account to access the Platform through Registration. You must furnish information including, but not limited to, your name, phone number, email address, and a password you will create for your account. Once you begin receiving Coach Services with a Coach, the Platform or the Coach may require you to provide more information.
(b) Reviving Mind may, in its sole discretion, decide to remove or refuse to post any of your information or data on your profile that Reviving Mind deems inappropriate or to be in violation of this Agreement.
(c) Reviving Mind, at its sole discretion, may terminate your use of the Platform or your Registration at any time and for any reason without notice for any conduct which violates this Agreement. You agree that if your use of the Platform is terminated pursuant to this Agreement, you will not attempt to use the Platform under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will, to the fullest extent permitted by law, indemnify and hold Reviving Mind harmless from any and all liability that Reviving Mind may incur.
9. Account Registration and Security
(a) You agree and acknowledge that your account and Registration on the Platform are for your use only and not for the use of any other party or organization.
(b) If you provide any untruthful or incomplete information, or if Reviving Mind reasonably suspects such, Reviving Mind may suspend or terminate your account and Registration and refuse your future use of the Platform.
(c) You are solely responsible for your own account activity and agree to maintain your own secure password and not use anyone other person’s password or login credentials. You further agree not to share or sell your password or login and to notify us if you suspect unauthorized use of your account.
(d) By completing Registration for the Site or the Platform, you agree to defend, indemnify, and hold Reviving Mind harmless from and against any and all liabilities, causes of action, damages, losses, demands, claims, penalties, judgments, and costs and expenses (including, without limitation, reasonable attorney’s fees and related costs) of any kind that may be sustained or suffered by Reviving Mind in any way relating to, arising out of, or resulting from this Agreement, the use of this Platform, or from an authorized party using your account on this Platform.
(e) By completing Registration for the Site or the Platform, you agree and acknowledge that Reviving Mind will not indemnify you in any way. Reviving Mind will not indemnify you against any and all liabilities, causes of action, damages, losses, demands, claims, penalties, judgments, and costs and expenses (including, without limitation, reasonable attorney’s fees, and related costs) of any kind that may be sustained or suffered by you in any way relating to, arising out of, or resulting from this Agreement, the use of this Platform, or from an authorized party using your account on this Platform.
(f) Please immediately alert Reviving Mind to any unauthorized use of your account, password, username, email, or other breaches of security. You should email Reviving Mind at hello@revivingmind.com.
10. Acceptable Use
(a) You acknowledge and agree that Reviving Mind (i) is the exclusive owner (or has the rights of an owner) of all worldwide right to, title to, and interest in the Reviving Mind Site, the Platform, and the Registration regardless of the format in which it is expressed; and (ii) shall be the exclusive owner of all worldwide right to, title to, and interest in any and all modifications, customization, variations, or adaptations of the Site, the Platform, and the Registration based on or substantially similar to the Site, the Platform, and the Registration.
(b) You shall use reasonable means to ensure, through proper instructions and enforcement actions, that access to and use of the Site and the Platform by you will be in accordance with the terms of this Agreement and will be made and used solely for proper and legal purposes and will be conducted in a manner that does not violate any law, rule or regulation, or the rights of any third party.
(c) Use of the Platform is subject to all terms and conditions of this Agreement, including Reviving Mind’s acceptable use policies. You shall not (i) use, permit the use of or permit access to the Platform except in accordance with the terms of this Agreement; (ii) modify, translate, reverse engineer, decompile, disassemble, or attempt to derive or alter any source code of the Platform; (iii) engage in, permit or continue to allow any unauthorized copying of the Platform; (iv) distribute, sublicense, sell, assign, transfer, rent, lease, pledge, encumber, disclose to any unauthorized third party, or otherwise allow any unauthorized third party to view, the Platform, or make any attempt to do so; (v) alter, remove, obscure or hinder the delivery of any copyright, disclaimer, or proprietary or intellectual property rights notices appearing in the Platform; (vi) take any action compromising, or that has the possibility of compromising, the enjoyment and use the Platform by any other customer; or (vii) take any action compromising, or that has the potential of compromising, Reviving Mind’s rights in the Platform.
(d) You agree and attest that you will not use the Site or the Platform to post, deliver, or send any of the following: unsolicited emails or advertisements; unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist, or potentially harmful content, including that sexual in nature; any content that infringes on third party intellectual property rights; malicious codes or software; any content that may cause harm to a third party; any content that can be construed as a violation of any applicable law or any content that may cause a violation of any applicable law.
(e) You agree to abide by information security best practices, including scanning any files you may receive from Reviving Mind or Coaches for potential viruses.
(f) You acknowledge and agree that you will accept the risks associated with uploading and transmitting material on the Platform. You further acknowledge and agree to accept all the risks of relying on the Platform or on its accuracy, reliability, or legality.
11. Security and Privacy
(a) Reviving Mind utilizes encryption and Secure Sockets Layer (SSL) protocol for financial transactions.
(b) Any and all sensitive information stored in Reviving Mind database will be safe and protected. However, our Platform is based on several factors that exist outside of the Reviving Mind Site, and as such, Reviving Mind cannot guarantee service will be uninterrupted, timely, or secure.
(c) Reviving Mind makes every effort to comply with all applicable laws that concern the privacy of online communications. By using the Site and Platform, however, you acknowledge that the Internet is neither more nor less secure than other communications media, including mail, facsimile, and telephone services, all of which can be intercepted and otherwise compromised.
(d) As a matter of prudence, you are urged to assume that all internet communications are not secure. To learn more about how Reviving Mind maintains the privacy and security of its website visitors, please read the Privacy Policy.
12. Independence of Coaches and No Provision of Medical or Professional Advice
(a) The advice of any Coach on the Platform is independently and exclusively the advice of the Coach. Any information or opinion expressed by any Coach on the Platform is independently and exclusively the information or opinion of the Coach. Reviving Mind does not endorse any advice, opinion, course of treatment, products, medications, devices, or additional medical or wellness information that a Coach on the Platform may give or recommend. Reviving Mind does not provide any kind of professional, medical, or wellness advice or information.
(b) The Platform maintains and provides content for informational and educational purposes only. This includes the entirety of the website (including text, images, videos, and blogs), Reviving Mind social media (as it is defined in the Platform’s Privacy Policy), and any information obtained from Reviving Mind licensors or third parties, and the logos, images, software, videos, text, graphics, photos, sounds, music, audiovisual combinations, interactive features, collections, and other materials you may view on, access through, or contribute to the Platform. This information is collectively referred to as the Platform’s “Content.”
(c) If you have concerns about any medical condition, diagnosis, or treatment, you should personally consult with a licensed healthcare provider. If you experience a medical emergency (including suicidal or homicidal thoughts), you should immediately call 911 or visit your nearest emergency room.
13. Conduct and Prohibited Countries
(a) You expressly agree not to deceive, harass, stalk, harm, or exploit any other party using the Platform, including other Clients; distribute spam; collect or record information about other users; or advertise or solicit others to purchase any product or service on the Platform or on any other Reviving Mind product. Reviving Mind reserves the right but does not have an obligation to monitor all conduct on the Site and Platform.
(b) You further agree and commit not to engage in conduct that is harmful, unethical, fraudulent, deceptive, or offensive.
(c) The Platform that Reviving Mind provides is not open to Clients who live in countries that are prohibited by law, regulation, treaty, or administrative act from entering into trade relations with the United States. It is solely your responsibility to determine if you may lawfully use the Platform in any particular country or jurisdiction.
14. Consent to Electronic Communications and Information You Provide
(a) By providing Reviving Mind with your email address, you consent to receive unencrypted and unsecured email communication from us. You agree that any notices, agreements, disclosures, or other communications that Reviving Mind provides to you by email satisfy any legal communication requirements.
(b) Reviving Mind has the right, but not the duty, to monitor your use of the Platform, including any information you provide. Any information you send to Reviving Mind by email may be misdirected or intercepted by unintended recipients, and thus it may not constitute a confidential medium of communication. If you have confidentiality concerns, please consider using an alternative mode of communication and do not transmit any sensitive or confidential information to us via email.
(c) The Platform provides you the option to communicate with Reviving Mind through email. This option is provided solely for your convenience, and it may not be secure. By using it, you agree that Reviving Mind is not responsible for the privacy of any email messages. Reviving Mind does not warrant the confidentiality or security of any email transmission.
(d) You are responsible for all information you send through the Platform. This means that you agree not to transmit information that is illegal, threatening, libelous, defamatory, obscene, ethnically, or racially offensive or discriminatory, profane, invades the privacy of another person, or any other information that violates any law or confidentiality agreement. Reviving Mind may edit, delete, modify, or ban such information and take necessary legal action.
15. Submissions of Information
(a) Do not send Reviving Mind any ideas, suggestions, materials, concepts, or other information (collectively “Information”) relating to the website. If you violate this policy and do send Information to Reviving Mind, that Information will become the property of Reviving Mind. This means that Reviving Mind will have unrestricted use of it for its personal and commercial purposes. Reviving Mind will not compensate you and will not be liable to you or any other provider of the Information.
(b) If you send Information to Reviving Mind, you agree: (i) to waive your rights in any Information; (ii) to warrant that it is original to you; (iii) that you have the right to submit it to Reviving Mind; and (iv) that you have no recourse against Reviving Mind for any alleged or actual infringement or misappropriation of any proprietary right in any Information.
(c) Reviving Mind is not obligated to maintain the confidentiality of any Information submitted, and Reviving Mind disclaims any liability that may result from its disclosure of any Information submitted in violation of its policy.
(d) You further agree not to:
• Transmit any Information that contains any viruses or other computer programming routines that may damage, interfere with, intercept, or take any system, data, or personal information;
• Impose an unreasonably large amount of Information on the Site or otherwise interfere with or inhibit any other user from using or enjoying the Site;
• Transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communications;
• Access, use, or copy any portion of the Platform using automated mechanisms, such as bots, spiders, scrapers, web crawlers, or indexing agents; and/or
• Impersonate another person or allow any other person or entity to use your identification for interacting on Reviving Mind’s social media, as defined in its Privacy Policy.
16. Intellectual Property
(a) Except as provided in the License Grant, you may not copy, reproduce, modify, use, republish, upload, post, transmit, or distribute any of the Platform, including any trademarks, names, or logo, and you may not redeliver or present any of the pages, text, images, or the Content using “framing” technology, nor systematically retrieve data, information, or the Content to create a collection, compilation, database, or directory. Reviving Mind reserves all rights not expressly granted.
(b) Except as expressly set forth in this Agreement, you shall not do any of the following: (i) modify, reformat, or translate the Content, (ii) license, sell, rent, lease, transfer, assign, distribute, offer, or otherwise commercially exploit the Content, or any portion thereof; (iii) use the Content in any manner that allows any person to access the Content other than as expressly provided for in this Agreement; or (iv) continue to use any Content after the termination of this Agreement.
17. Operation of the Site and Platform
(a) Reviving Mind makes all reasonable efforts to keep the Platform operational and available for access on a 24-hour-a-day, seven-day-a-week basis. This is occasionally subject to scheduled downtime for maintenance purposes, unscheduled maintenance, and system outages.
(b) Reviving Mind, however, does not provide any assurance or warranty that: (i) access will always be available; (ii) service will be uninterrupted; (iii) its operation will be error-free; (iv) defects will be corrected; or (v) the servers that operate the website are free from viruses or other harmful components.
(c) You agree to assume the entire cost of all servicing, repair, or correction to your property arising from your use.
18. Limitation of Liability
(a) You acknowledge that no Coach is an employee of Reviving Mind and that Reviving Mind assumes no responsibility for any act or omission of any Coach. You acknowledge that, though a Coach may be featured on the Platform, Reviving Mind cannot predict or determine the utility or effectiveness of services rendered by a Coach to you. Similarly, Reviving Mind assumes no responsibility for any of your acts or omissions.
(b) Under no circumstances will Reviving Mind, its employees, officers, directors, shareholders, or agents be held liable for any indirect, consequential, or punitive damages relative to the services provided by any of the Coaches accessed through the Platform. All Coaches featured on the Platform operate independently of Reviving Mind. When appropriate, Coaches are independently insured, and any issue, warranty, or claim by a User must directly address the respective Coach.
(c) ALL INFORMATION IN THIS SITE AND PLATFORM IS PROVIDED ON A REGISTRATION BASIS AND “AS IS.” ACCORDINGLY, REVIVING MIND MAKES NO REPRESENTATIONS, AND NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, WITH RESPECT TO THE CONTENT OR OTHERWISE REGARDING THE SITE, PLATFORM, OR ANY LINKED WEBSITE. TO THE FULL EXTENT PERMITTED BY LAW, REVIVING MIND DISCLAIMS ALL WARRANTIES (EXPRESS OR IMPLIED), INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. REVIVING MIND GIVES NO WARRANTY AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, TIMELINESS, OR AVAILABILITY OF THE REVIVING MIND SITE, PLATFORM, OR THE CONTENT OR OF ANY LINKED WEBSITE.
(d) By using the Platform, you signify that you assume the risk of accessing and using the information it provides. We do not guarantee the accuracy of information provided on the Platform and are not responsible for any errors or omissions in the information provided.
(e) Reviving Mind is not responsible for visitors’ or Clients’ damage or loss. You agree that Reviving Mind is not responsible to you or others for any loss or damages that result from your use (or non-use) of the Site or the Platform or any linked third-party website. This loss or damage includes, but is not limited to, direct, indirect, special, consequential, compensatory damage, incidental damage, lost profits or data, damages to your computer resulting from viruses, loss of or damage to other property, claims of third parties, or copying or display of the Site or the Platform or its contents. Reviving Mind is not responsible, regardless of whether Reviving Mind has been advised or knew or should have known of the possibility of such damages or claims. Your sole and exclusive remedy against Reviving Mind is to stop using the Site or the Platform.
19. No Warranty or Guarantee of Outcome
(a) Reviving Mind has made efforts to provide accurate information on the Site, the Content, the Platform, and about the Coach Services. But any testimonial or example on the Site, the Platform, or in the Content does not guarantee that you will receive similar results. Your results will depend on your background, effort, personal circumstances, and many other factors that are beyond the scope of the Site, the Platform, the Content, or the Coach Services.
(b) FURTHER, REVIVING MIND MAKES NO GUARANTEE, AND NO WARRANTY THAT YOUR USE OF THE SITE OR THE PLATFORM WILL OPERATE UNINTERRUPTED AND ERROR-FREE.
20. Indemnification for Your Use of the Reviving Mind Site and Platform
(a) Neither Reviving Mind, nor any licensors, affiliates, subsidiaries, or parent companies, nor any respective officers, directors, employees, or agents will be liable for any damages including, but not limited to, indirect; incidental; consequential; special; exemplary; or punitive damages. In no event shall Reviving Mind nor any licensors, affiliates, subsidiaries, or parent companies, nor any respective officers, directors, employees, or agents will be liable for any special, indirect, or consequential damages, or damages whatsoever resulting from loss of use or data, whether in an action of contract, negligence, or other tortious action, arising out of or in connection with the use of the Platform. Your sole and exclusive remedy for dissatisfaction with the Service is to stop using the Site and the Platform. Reviving Mind provides no indemnification of any kind.
(b) You will indemnify Reviving Mind from any suit or proceeding made or brought against Reviving Mind by a third-party for claims that relate to your use of any portion of the Site or the Platform.
(c) You will indemnify Reviving Mind from any suit or proceeding made or brought against Reviving Mind by a third-party for claims that relate to breaches of any of the representations and warranties you agree to under this Agreement.
21. Affiliate Disclaimer
(a) Pursuant to the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising, 16 C.F.R. Part 255 Sections 255.0 through 255.5, some of the links are affiliated links. This means that Reviving Mind may receive payment if you purchase products or services through such links. Reviving Mind only utilizes affiliate links for products or services that its principals have personally used and believe will add value to its visitors and Users.
22. Links to Third-Party Websites
(a) Reviving Mind may provide links to third-party websites. The Site and the Platform occasionally provide links to third-party websites. By clicking on these links, you agree that Reviving Mind is not responsible and does control any information on these websites. Third-party websites are unrelated to, and not maintained by, Reviving Mind.
(b) By clicking on such links, you agree that Reviving Mind is not responsible for their content, regardless of whether your access is provided by Reviving Mind or by another third-party. Reviving Mind does not warrant the accuracy, timeliness, or suitability of the content of any third-party website.
(c) By providing a link to a third-party website, Reviving Mind does not endorse the products or services of that linked websites, nor does it endorse the third-party website’s sponsoring organization. Your sole and exclusive remedy for claims arising from any such third-party products or services is against the third-party provider and not Reviving Mind.
(d) Third-party websites may provide links to Reviving Mind. Reviving Mind hereby grants third-party websites the limited right to link to its website. This limited license does not grant the right to “framing” of the Content or grant any other activity that could create a misimpression or confusion among users with respect to sponsorship or affiliation.
23. Applicable Law and Enforcement of This Agreement
(a) The laws of the state of Delaware, without giving effect to its principles of conflicts of law, govern all adversarial proceedings arising out of this Agreement. If a website visitor or Client takes legal action against us relating to the website Privacy Policy or this Agreement or relating to the visitor’s or Client’s interactions with or relationship to Reviving Mind relating to the Site or the Platform, that Client, Coach, or visitor agrees to file such action only in the state and federal courts located in Delaware.
(b) By using the Reviving Mind Site and Platform, you agree that: (i) if any provision of this agreement is held to be unenforceable, then that provision will be modified to the minimum extent necessary to make it enforceable, unless that modification is not permitted by law, in which case that provision will be disregarded; (ii) that if an unenforceable provision is modified or disregarded in accordance with this paragraph, then the rest of this Agreement will remain in effect as written; and (iii) that any unenforceable provision will remain as written in any circumstances other than those in which the provision is held to be unenforceable.
(c) No waiver of any of the Privacy Policy or this Agreement shall be effective unless it is in writing and signed by an authorized representative of Reviving Mind. No such waiver shall be deemed a further or continuing waiver of such term or any other term or condition of use.
(d) The Privacy Policy and this Agreement constitute the entire agreement between you and Reviving Mind as it relates to your use of the Site and the Platform. It does not create any relationship between you and Reviving Mind that is not contemplated in these policies.
24. No Assignment
(a) This Agreement, licenses, and Registrations may not be transferred or assigned by you but may be assigned by us without restriction.
25. Amendments and Modifications
(a)Reviving Mind may amend or update the privacy policies, this Agreement, the Content, the Platform, or the Coach Services at any time without prior notice. If you use the Platform after any changes, you agree to be bound by the changes.