TERMS OF SERVICE
Last updated:
December 07, 2023
AGREEMENT TO OUR LEGAL TERMS
We are MentalHeap LLC ("Company," "we," "us," "our"), a company registered in Georgia, United States at 10945 State Bridge Rd Ste 401-169, Alpharetta, GA 30022.
We operate the website http://www.mentalheap.com (the "Site"),
as well as any other related products and services that refer or
link to these legal terms (the "Legal Terms") (collectively, the "Services").
These Legal Terms constitute a legally binding agreement made
between you, whether personally or on behalf of an entity ("you"), and MentalHeap LLC, concerning your access to and use of the Services. You agree that
by accessing the Services, you have read, understood, and agreed to
be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL
OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING
THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted
on the Services from time to time are hereby expressly incorporated
herein by reference. We reserve the right, in our sole discretion,
to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by
updating the "Last updated" date of these Legal
Terms, and you waive any right to receive specific notice of each
such change. It is your responsibility to periodically review these
Legal Terms to stay informed of updates. You will be subject to, and
will be deemed to have been made aware of and to have accepted, the
changes in any revised Legal Terms by your continued use of the
Services after the date such revised Legal Terms are posted.
The Services are intended
for users who are at least 18 years old. Persons under the age
of 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your
records.
TABLE OF CONTENTS
1. OUR SERVICES
The information provided when using the Services is not intended
for distribution to or use by any person or entity in any
jurisdiction or country where such distribution or use would be
contrary to law or regulation or which would subject us to any
registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Services from
other locations do so on their own initiative and are solely
responsible for compliance with local laws, if and to the extent
local laws are applicable.
The Services are not tailored to comply with industry-specific
regulations (Health Insurance Portability and Accountability Act
(HIPAA), Federal Information Security Management Act (FISMA), etc.),
so if your interactions would be subjected to such laws, you may not
use the Services. You may not use the Services in a way that would
violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property
rights in our Services, including all source code, databases,
functionality, software, website designs, audio, video, text,
photographs, and graphics in the Services (collectively, the "Content"), as well as the
trademarks, service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws
(and various other intellectual property rights and unfair
competition laws) and treaties in the United States and around the
world.
The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or
internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant
you a non-exclusive, non-transferable, revocable license to: - access the Services; and
- download or print a copy of any portion of the Content to which
you have properly gained access.
solely for your personal,
non-commercial use or internal business purpose.
Except as set out in this section or elsewhere in our Legal Terms,
no part of the Services and no Content or Marks may be copied,
reproduced, aggregated, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted, distributed, sold,
licensed, or otherwise exploited for any commercial purpose
whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks
other than as set out in this section or elsewhere in our Legal
Terms, please address your request to: hello@mentalheap.com. If we ever grant you the permission to post, reproduce, or
publicly display any part of our Services or Content, you must
identify us as the owners or licensors of the Services, Content, or
Marks and ensure that any copyright or proprietary notice appears or
is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the
Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a
material breach of our Legal Terms and your right to use our
Services will terminate immediately.
Your submissions and
contributions
Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior
to using our Services to understand the (a) rights you give us and
(b) obligations you have when you post or upload any content through
the Services.
Submissions: By directly sending us any question,
comment, suggestion, idea, feedback, or other information about the
Services ("Submissions"), you agree to assign to
us all intellectual property rights in such Submission. You agree
that we shall own this Submission and be entitled to its
unrestricted use and dissemination for any lawful purpose,
commercial or otherwise, without acknowledgment or compensation to
you.
Contributions: The Services may invite you to
chat, contribute to, or participate in blogs, message boards, online
forums, and other functionality during which you may create, submit,
post, display, transmit, publish, distribute, or broadcast content
and materials to us or through the Services, including but not
limited to text, writings, video, audio, photographs, music,
graphics, comments, reviews, rating suggestions, personal
information, or other material ("Contributions"). Any Submission that is publicly posted shall also be
treated as a Contribution.
You understand that Contributions may be viewable by other users of
the Services.
When you post Contributions, you grant us a license (including use of your
name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted,
unlimited, irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right, and license to: use, copy,
reproduce, distribute, sell, resell, publish, broadcast, retitle,
store, publicly perform, publicly display, reformat, translate,
excerpt (in whole or in part), and exploit your Contributions
(including, without limitation, your image, name, and voice) for any
purpose, commercial, advertising, or otherwise, to prepare
derivative works of, or incorporate into other works, your
Contributions, and to sublicense
the licenses granted
in this section. Our use and distribution may occur in any media
formats and through any media channels.
This license includes our use of your
name, company name, and franchise name, as applicable, and any of
the trademarks, service marks, trade names, logos, and personal and
commercial images you provide.
You are responsible for what you post or upload:
By sending us Submissions and/or
posting Contributions
through any part of the Services
or making Contributions accessible through the Services by linking
your account through the Services to any of your social networking
accounts, you:
- confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post,
send, publish, upload, or transmit through the Services any
Submission nor post any
Contribution that is
illegal, harassing, hateful, harmful, defamatory, obscene,
bullying, abusive, discriminatory, threatening to any person or
group, sexually explicit, false, inaccurate, deceitful, or
misleading;
- to the extent permissible by applicable law, waive any and all
moral rights to any such Submission and/or Contribution;
- warrant that any such Submission and/or Contributions are original to you or
that you have the necessary rights and licenses to submit such
Submissions and/or
Contributions and
that you have full authority to grant us the above-mentioned
rights in relation to your Submissions and/or Contributions; and
- warrant and represent that your Submissions and/or Contributions do not constitute
confidential information.
You are solely responsible for your Submissions and/or Contributions and you expressly agree to
reimburse us for any and all losses that we may suffer because of your
breach of (a) this section, (b) any third party’s intellectual
property rights, or (c) applicable law.
We may remove or edit your Content: Although we have
no obligation to monitor any Contributions, we shall have the right to
remove or edit any Contributions at any time without notice if in our
reasonable opinion we consider such Contributions harmful or in breach
of these Legal Terms. If we remove or edit any such Contributions, we
may also suspend or disable your account and report you to the
authorities.
By using the Services, you represent and warrant that:(1) all registration information you submit will be true,
accurate, current, and complete; (2) you will maintain the accuracy of such information and
promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these
Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human
means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or
regulation.
If you provide any information that is untrue, inaccurate, not
current, or incomplete, we have the right to suspend or
terminate your account and refuse any and all current or future
use of the Services (or any portion thereof).
You may be required to register to use the Services. You
agree to keep your password confidential and will be
responsible for all use of your account and password. We
reserve the right to remove, reclaim, or change a username
you select if we determine, in our sole discretion, that
such username is inappropriate, obscene, or otherwise
objectionable.
We accept the following forms of payment:
- Visa
- Mastercard
- American Express
- Discover
You agree to provide current, complete, and accurate purchase and
account information for all purchases made via the Services. You
further agree to promptly update account and payment information,
including email address, payment method, and payment card expiration
date, so that we can complete your transactions and contact you as
needed. Sales tax will be added to the price of purchases as deemed
required by us. We may change prices at any time. All payments shall
be in US dollars.
You agree to pay all charges at the prices then in effect for your
purchases and any applicable shipping fees, and you authorize us to charge your chosen
payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you
consent to our charging your payment method on a recurring
basis without requiring your prior approval for each recurring
charge, until such time as you cancel the applicable
order. We reserve the right to correct any errors or mistakes in pricing,
even if we have already requested or received payment.
We reserve the right to refuse any order placed through the
Services. We may, in our sole discretion, limit or cancel quantities
purchased per person, per household, or per order. These
restrictions may include orders placed by or under the same customer
account, the same payment method, and/or orders that use the same
billing or shipping address. We reserve the right to limit or
prohibit orders that, in our sole judgment,
appear to be placed by dealers, resellers, or distributors.
6. FREE TRIAL
We offer a 7-day free trial to new
users who register with the Services. The account will be charged according to the user's chosen
subscription at the end of the free trial.
7. CANCELLATION
All purchases are non-refundable. You can cancel your subscription at
any time by logging into your account. Your cancellation will take effect at the end of the current
paid term.
If you are unsatisfied with our Services, please email us at hello@mentalheap.com or call us at (919) 998-6122.
You may not access or use the Services for any purpose other than
that for which we make the Services available. The Services may
not be used in connection with any commercial endeavors except those that are
specifically endorsed or approved by us.
As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the
Services to create or compile, directly or indirectly, a
collection, compilation, database, or directory without
written permission from us.
- Trick, defraud, or mislead us and other users,
especially in any attempt to learn sensitive account
information such as user passwords.
- Circumvent, disable, or otherwise interfere with
security-related features of the Services, including
features that prevent or restrict the use or copying
of any Content or enforce limitations on the use of
the Services and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our
opinion, us and/or the Services.
- Use any information obtained from the Services in
order to harass, abuse, or harm another person.
- Make improper use of our support services or submit
false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any
applicable laws or regulations.
- Engage in unauthorized framing
of or linking to the Services.
- Upload or transmit (or attempt to upload or to
transmit) viruses, Trojan horses, or other material,
including excessive use of capital letters and
spamming (continuous posting of repetitive text),
that interferes with any party’s uninterrupted use
and enjoyment of the Services or modifies, impairs,
disrupts, alters, or interferes with the use,
features, functions, operation, or maintenance of
the Services.
- Engage in any automated use of the system, such as
using scripts to send comments or messages, or using
any data mining, robots, or similar data gathering
and extraction tools.
- Delete the copyright or other proprietary rights
notice from any Content.
- Attempt to impersonate another user or person or
use the username of another user.
- Upload or transmit (or attempt to upload or to
transmit) any material that acts as a passive or
active information collection or transmission
mechanism, including without limitation, clear
graphics interchange formats ("gifs"), 1×1
pixels, web bugs, cookies, or other similar devices
(sometimes referred to as "spyware" or
"passive collection mechanisms" or "pcms").
- Interfere with, disrupt, or create an undue burden
on the Services or the networks or services
connected to the Services.
- Harass, annoy, intimidate, or threaten any of our
employees or agents engaged in providing any portion
of the Services to you.
- Attempt to bypass any measures of the Services
designed to prevent or restrict access to the
Services, or any portion of the Services.
- Copy or adapt the Services' software, including but
not limited to Flash, PHP, HTML, JavaScript, or
other code.
- Except as permitted by applicable law, decipher,
decompile, disassemble, or reverse engineer any of
the software comprising or in any way making up a
part of the Services.
- Except as may be the result of standard search
engine or Internet browser usage, use, launch,
develop, or distribute any automated system,
including without limitation, any spider, robot,
cheat utility, scraper, or offline reader that
accesses the Services, or use or launch any unauthorized script
or other software.
- Use a buying agent or purchasing agent to make
purchases on the Services.
- Make any unauthorized use of
the Services, including collecting usernames and/or
email addresses of users by electronic or other
means for the purpose of sending unsolicited email,
or creating user accounts by automated means or
under false pretenses.
- Use the Services as part of any effort to compete
with us or otherwise use the Services and/or the
Content for any revenue-generating endeavor or
commercial enterprise.
9. USER GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or
participate in blogs, message boards, online forums, and
other functionality, and may provide you with the
opportunity to create, submit, post, display, transmit,
perform, publish, distribute, or broadcast content and
materials to us or on the Services, including but not
limited to text, writings, video, audio, photographs,
graphics, comments, suggestions, or personal information
or other material (collectively, "Contributions").
Contributions may be viewable by other users of the
Services and through third-party websites. As such, any
Contributions you transmit may be treated as
non-confidential and non-proprietary. When you create or
make available any Contributions, you thereby represent
and warrant that:
- The creation, distribution, transmission, public display, or
performance, and the accessing, downloading, or copying of
your Contributions do not and will not infringe the
proprietary rights, including but not limited to the
copyright, patent, trademark, trade secret, or moral rights of
any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents,
releases, and permissions to use and to authorize us, the Services,
and other users of the Services to use your Contributions in
any manner contemplated by the Services and these Legal Terms.
- You have the written consent, release, and/or permission of
each and every identifiable individual person in your
Contributions to use the name or likeness of each and every
such identifiable individual person to enable inclusion and
use of your Contributions in any manner contemplated by the
Services and these Legal Terms.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising,
promotional materials, pyramid schemes, chain letters, spam,
mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy,
violent, harassing, libelous,
slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage,
intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the
legal sense of those terms) any other person and to promote
violence against a specific person or class of people.
- Your Contributions do not violate any applicable law,
regulation, or rule.
- Your Contributions do not violate the privacy or publicity
rights of any third party.
- Your Contributions do not violate any applicable law
concerning child pornography, or otherwise intended to protect
the health or well-being of minors.
- Your Contributions do not include any offensive comments that
are connected to race, national origin, gender, sexual
preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to
material that violates, any provision of these Legal Terms, or
any applicable law or regulation.
Any use of the Services in violation of the foregoing
violates these Legal Terms and may result in, among other
things, termination or suspension of your rights to use the
Services.
By posting your Contributions to any part of the Services, you automatically grant, and you represent and warrant
that you have the right to grant, to us an unrestricted,
unlimited, irrevocable, perpetual, non-exclusive,
transferable, royalty-free, fully-paid, worldwide right,
and license to host, use,
copy, reproduce, disclose, sell, resell, publish,
broadcast, retitle, archive, store, cache, publicly
perform, publicly display, reformat, translate, transmit,
excerpt (in whole or in part), and distribute such
Contributions (including, without limitation, your image
and voice) for any purpose, commercial, advertising, or
otherwise, and to prepare derivative works of, or
incorporate into other works, such Contributions, and
grant and authorize
sublicenses
of the foregoing. The use and distribution may occur in
any media formats and through any media channels.
This license will apply to
any form, media, or technology now known or hereafter
developed, and includes our use of your name, company name,
and franchise name, as applicable, and any of the
trademarks, service marks, trade names, logos, and personal
and commercial images you provide. You waive all moral
rights in your Contributions, and you warrant that moral
rights have not otherwise been asserted in your
Contributions.
We do not assert any ownership over your Contributions. You
retain full ownership of all of your Contributions and any
intellectual property rights or other proprietary rights
associated with your Contributions. We are not liable for
any statements or representations in your Contributions
provided by you in any area on the Services. You are solely
responsible for your Contributions to the Services and you
expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action against
us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1)
to edit, redact, or otherwise change any Contributions; (2)
to re-categorize any
Contributions to place them in more appropriate locations on
the Services; and (3) to pre-screen or delete any
Contributions at any time and for any reason, without
notice. We have no obligation to monitor your Contributions.
11. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the
Services for violations of these Legal Terms; (2) take appropriate legal
action against anyone who, in our sole discretion, violates the law or
these Legal Terms, including without limitation, reporting such user to
law enforcement authorities; (3) in our sole discretion and without
limitation, refuse, restrict access to, limit the availability of, or
disable (to the extent technologically feasible) any of your
Contributions or any portion thereof; (4) in our sole discretion and
without limitation, notice, or liability, to remove from the Services or
otherwise disable all files and content that are excessive in size or
are in any way burdensome to our systems; and (5) otherwise manage the
Services in a manner designed to protect our rights and property and to
facilitate the proper functioning of the Services.
12. PRIVACY POLICY
We care about data privacy and security. By using the Services, you
agree to be bound by our Privacy Policy posted on the Services, which
is incorporated into these Legal Terms. Please be advised the Services
are hosted in the United States. If you access the Services from
any other region of the world with laws or other requirements
governing personal data collection, use, or disclosure that differ
from applicable laws in the United States, then through your continued use
of the Services, you are transferring your data to the United States, and you expressly consent to
have your data transferred to and processed in the United States.
13. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use
the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL
TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT
NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING
BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO
REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,
WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT
WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under your
name, a fake or borrowed name, or the name of any third party, even if
you may be acting on behalf of the third party. In addition to
terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing civil,
criminal, and injunctive redress.
14. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the
Services at any time or for any reason at our sole discretion without
notice. However, we have no obligation to update any information on
our Services. We will not be liable
to you or any third party for any modification, price change,
suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We
may experience hardware, software, or other problems or need to
perform maintenance related to the Services, resulting in
interruptions, delays, or errors. We reserve the right to change,
revise, update, suspend, discontinue, or otherwise modify the Services
at any time or for any reason without notice to you. You agree that we
have no liability whatsoever for any loss, damage, or inconvenience
caused by your inability to access or use the Services during any
downtime or discontinuance of the Services. Nothing in these Legal
Terms will be construed to obligate us to maintain and support the
Services or to supply any corrections, updates, or releases in
connection therewith.
15. GOVERNING LAW
These Legal Terms and your use of the Services are governed by and
construed in accordance with the laws of the State of Georgia applicable to agreements made and to be entirely performed within the State of Georgia, without
regard to its conflict of law principles.
16. DISPUTE RESOLUTION
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal
negotiations, the Dispute (except those Disputes expressly excluded
below) will be finally and exclusively resolved by binding
arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD
HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration
shall be commenced and conducted under the Commercial Arbitration
Rules of the American Arbitration Association ("AAA") and, where appropriate,
the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are
available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation
shall be governed by the AAA Consumer Rules and, where appropriate,
limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the
submission of documents, by phone, or online. The arbitrator will make
a decision in writing, but need not provide a statement of reasons
unless requested by either Party. The arbitrator must follow
applicable law, and any award may be challenged if the arbitrator
fails to do so. Except where otherwise required by the applicable AAA
rules or applicable law, the arbitration will take place in Fulton, Georgia. Except as otherwise
provided herein, the Parties may litigate in court to compel
arbitration, stay proceedings pending arbitration, or to confirm,
modify, vacate, or enter judgment on the
award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than
arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located inFulton,Georgia, and the Parties hereby consent to, and waive all defenses of lack of personal
jurisdiction, and forum non conveniens with respect to venue and
jurisdiction in such state and
federal courts.
Application of the United Nations Convention on Contracts for the
International Sale of Goods and the Uniform Computer Information
Transaction Act (UCITA) are excluded from these Legal Terms.
In no event shall any Dispute
brought by either Party related in any way to the Services be
commenced more than one (1) years after
the cause of action arose. If this provision is found to be illegal or unenforceable, then
neither Party will elect to arbitrate any Dispute falling within that
portion of this provision found to be illegal or unenforceable and
such Dispute shall be decided by a court of competent jurisdiction
within the courts listed for jurisdiction above, and the Parties agree
to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute
between the Parties individually. To the full extent permitted by law,
(a) no arbitration shall be joined with any other proceeding; (b) there
is no right or authority for any Dispute to be arbitrated on a
class-action basis or to utilize class action procedures; and
(c) there is no right or authority for any Dispute to be brought in a
purported representative capacity on behalf of the general public or any
other persons.
Exceptions to Arbitration
The Parties agree that the following
Disputes are not subject to the above provisions concerning binding
arbitration: (a) any Disputes seeking to enforce or protect, or
concerning the validity of, any of the intellectual property rights of a
Party; (b) any Dispute related to, or arising from, allegations of
theft, piracy, invasion of privacy, or unauthorized use;
and (c) any claim for injunctive relief. If this provision is found to
be illegal or unenforceable, then neither Party will elect to arbitrate
any Dispute falling within that portion of this provision found to be
illegal or unenforceable and such Dispute shall be decided by a court of
competent jurisdiction within the courts listed for jurisdiction above,
and the Parties agree to submit to the personal jurisdiction of that
court.
17. CORRECTIONS
There may be information on the Services that contains typographical
errors, inaccuracies, or omissions, including descriptions, pricing,
availability, and various other information. We reserve the right to
correct any errors, inaccuracies, or omissions and to change or update
the information on the Services at any time, without prior notice.
18. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS
OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF
ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL
ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND
USE OF THE SERVICES, (3) ANY UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5)
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED
TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS
OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT
OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE
SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL
NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR
SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY
MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
19. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES,
INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES
ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS
OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE six (6) mONTH PERIOD PRIOR TO ANY CAUSE OF ACTION
ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS
ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE
ADDITIONAL RIGHTS.
20. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers, agents,
partners, and employees, from and against any loss, damage, liability,
claim, or demand, including reasonable attorneys’ fees and expenses,
made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in
these Legal Terms; (5) your
violation of the rights of a third party, including but not limited to
intellectual property rights; or (6) any overt harmful act toward any other user of the Services with
whom you connected via the Services. Notwithstanding the foregoing, we
reserve the right, at your expense, to assume the exclusive defense and control of any matter
for which you are required to indemnify us, and you agree to
cooperate, at your expense, with our defense of such
claims. We will use reasonable efforts to notify you of any such
claim, action, or proceeding which is subject to this indemnification
upon becoming aware of it.
21. USER DATA
We will maintain certain data that you transmit to the Services for
the purpose of managing the performance of the Services, as well as
data relating to your use of the Services. Although we perform regular
routine backups of data, you are solely responsible for all data that
you transmit or that relates to any activity you have undertaken using
the Services. You agree that we shall have no liability to you for any
loss or corruption of any such data, and you hereby waive any right of
action against us arising from any such loss or corruption of such
data.
22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms
constitute electronic communications. You consent to receive
electronic communications, and you agree that all agreements, notices,
disclosures, and other communications we provide to you
electronically, via email and on the Services, satisfy any legal
requirement that such communication be in writing. YOU HEREBY AGREE TO
THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER
RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS
OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You
hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances, or other laws in any jurisdiction
which require an original signature or delivery or retention of
non-electronic records, or to payments or the granting of credits by
any means other than electronic means.
23. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can
contact the Complaint Assistance Unit of the Division of Consumer
Services of the California Department of Consumer Affairs in writing
at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834
or by telephone at (800) 952-5210 or (916) 445-1254.
24. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on
the Services or in respect to the Services constitute the entire
agreement and understanding between you and us. Our failure to
exercise or enforce any right or provision of these Legal Terms shall
not operate as a waiver of such right or provision. These Legal Terms
operate to the fullest extent permissible by law. We may assign any or
all of our rights and obligations to others at any time. We shall not
be responsible or liable for any loss, damage, delay, or failure to
act caused by any cause beyond our reasonable control. If any
provision or part of a provision of these Legal Terms is determined to
be unlawful, void, or unenforceable, that provision or part of the
provision is deemed severable from these Legal Terms and does not
affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency
relationship created between you and us as a result of these Legal
Terms or use of the Services. You agree that these Legal Terms will
not be construed against us by virtue of having drafted them. You
hereby waive any and all defenses you may
have based on the electronic form of these Legal Terms and the lack of
signing by the parties hereto to execute these Legal Terms.
25. CONTACT US
In order to resolve a complaint regarding the Services or to receive
further information regarding use of the Services, please contact us
at:
MentalHeap LLC
10945 State Bridge Rd Ste 401-169
Alpharetta, GA 30022
United States
Phone: (919) 998-6122
hello@mentalheap.com