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Terms and Conditions1. The Terms and ConditionsThe following are the Terms and Conditions (the "Agreement") which govern your access and useof our online platform through which breathing, visualization, pressure points, and peer networkgroups may be provided and organized, (collectively the "Platform"). This website(mentalrewiring.org) is owned and operated by Mental Rewiring LLC located in Elk Grove,California, United States (David@mentalrewiring.org). The Platform may be provided or beaccessible via multiple websites or applications whether owned and/or operated by us or by thirdparties, including, without limitation, the website mentalrewiring.org and its related apps.By accessing or using the Platform, you are entering into this Agreement. You should read thisAgreement carefully before starting to use the Platform. If you do not agree to be bound to anyterm of this Agreement, you must not access the Platform.When the terms "we", "us", "our" or similar are used in this Agreement, they refer to any companythat owns and operates the Platform (the "Company").The Platform may be used to connect you with the Mental Rewiring Peer Network, tools,techniques I have personally used to get through the toughest times in my life.Mental Rewiring TechnicianAll Mental Rewiring technicians are unlicensed professionals, sharing their own experiences andtechniques to show members it is possible to work through just about any feeling, situation, or lifeevent to lead a positive enjoyable life. Under no circumstances is Mental Rewiring LLC, MentalRewiring Technicians, or any member in peer groups responsible for any damage, death, injury,financial loss, mental illness, crime directly or indirectly linked to Mental Rewiring LLC.IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING HARMING YOURSELF OROTHERS OR IF YOU FEEL THAT ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANYMEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL YOUR LOCAL EMERGENCY SERVICESNUMBER AND NOTIFY THE RELEVANT AUTHORITIES (click here for a link to emergency and crisisresources in your area). THE PLATFORM IS NOT DESIGNED FOR USE IN ANY OF THEAFOREMENTIONED CASES AND THE TECHNICIANS CANNOT PROVIDE THE ASSISTANCE REQUIREDIN ANY OF THE AFOREMENTIONED CASES.THE PLATFORM IS NOT INTENDED FOR THE PROVISION OF CLINICAL DIAGNOSIS REQUIRING AN IN-PERSON EVALUATION AND YOU SHOULD NOT USE IT IF YOU NEED ANY OFFICIAL DOCUMENTATIONOR APPROVALS FOR PURPOSES SUCH AS, BUT NOT LIMITED TO, COURT-ORDERED THERAPY OREMOTIONAL SERVICE DOG CERTIFICATION. IT IS ALSO NOT INTENDED FOR ANY INFORMATIONREGARDING WHICH DRUGS OR MEDICAL TREATMENT MAY BE APPROPRIATE FOR YOU, AND YOUSHOULD DISREGARD ANY SUCH ADVICE IF DELIVERED THROUGH THE PLATFORM.DO NOT DISREGARD, AVOID, OR DELAY IN OBTAINING IN-PERSON CARE FROM YOUR DOCTOR OROTHER QUALIFIED PROFESSIONAL BECAUSE OF INFORMATION OR ADVICE YOU RECEIVEDTHROUGH THE PLATFORM.2. Privacy and SecurityProtecting and safeguarding any information you provide through the Platform is extremelyimportant to us. Information about our security and privacy practices can be found on our PrivacyPolicy available at https://www.regain.us/privacy (The ‘Privacy Policy’).BY AGREEING TO THIS AGREEMENT AND/OR BY USING THE PLATFORM, YOU ARE ALSO AGREEINGTO THE TERMS OF THE PRIVACY POLICY. THE PRIVACY POLICY IS INCORPORATED INTO ANDDEEMED A PART OF THIS AGREEMENT. THE SAME RULES THAT APPLY REGARDING CHANGES ANDREVISIONS OF THIS AGREEMENT ALSO APPLY TO CHANGES AND REVISIONS OF THE PRIVACYPOLICY.3. Third Party ContentThe Platform may contain other content, products or services which are offered or provided bythird parties ("Third Party Content"), links to Third Party Content (including but not limited to linksto other websites) or advertisements which are related to Third Party Content. We have noresponsibility for the creation of any such Third Party Content, including (but not limited to) anyrelated products, practices, terms or policies, and we will not be liable for any damage or losscaused by any Third Party Content.4. Disclaimer of Warranty and Limitation of LiabilityTO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE US AND AGREE TO HOLD USHARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROMTHE TECHNICIAN SERVICES OR THE PLATFORM, INCLUDING (WITHOUT LIMITATION) ANY ACT,OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR SERVICE OF ANYTECHNICIAN AND/OR ANY OTHER CONTENT OR INFORMATION ACCESSIBLE THROUGH THEPLATFORM.YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT THE PLATFORM IS PROVIDED "AS IS"WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TOMERCHANTABILITY, NON-INFRINGEMENT, SECURITY, FITNESS FOR A PARTICULAR PURPOSE ORACCURACY. THE USE OF THE PLATFORM IS AT YOUR OWN RISK. TO THE FULLEST EXTENT OF THELAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED.YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE TO YOU OR TOANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OREXEMPLARY DAMAGES.YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT OUR AGGREGATE LIABILITY FOR DAMAGESARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE PLATFORM WILL NOTEXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU OR ON YOUR BEHALF THROUGH THEPLATFORM IN THE 12 MONTHS PERIOD PRIOR TO THE DATE OF THE CLAIM.If the applicable law does not allow the limitation of liability as set forth above, the limitation willbe deemed modified solely to the extent necessary to comply with applicable law.This section (limitation of liability) shall survive the termination or expiration of this Agreement.5. Your SubscriptionAny type of subscription you choose will continue and automatically renew until you cancel themembership. By choosing a recurring Membership Service, you acknowledge that such paidservices have a recurring payment and you accept responsibility for all recurring charges prior tocancellation.You can cancel the subscription to the service at any time for any reason. Your membership mustbe canceled before it renews in order to avoid the next billing cycle.We reserve the right to change our subscription or adjust prices of our services. Any changes toyour membership services will only take effect following proper notice to you.Free Trials: Occasionally, we offer free trials for our Services. Once a free trial expires, the paidmembership will commence following a notice to you.6. Your account, representations, conduct and commitmentsYou hereby confirm that you are legally able to consent to receive Services, or have the consent ofa parent or guardian, and are legally able to enter into a contract.Minor Consent: Where consent from a parent or guardian is required to receive Services, youhereby confirm that as the consenting parent or guardian, you have the sole right to consent toServices for the minor seeking Mental Rewiring and are not legally mandated to confer with or getconsent from any other legal guardian before consenting. You also give affirmative consent to theprovisions set forth in the accompanying Privacy Policy regarding the collection, process, and useof personal information on behalf of the minor. You also agree that consent to Services remainsvalid until membership is canceled.You hereby confirm and agree that all the information that you provided in or through thePlatform, and the information that you will provide in or through the Platform in the future, isaccurate, true, current and complete. Furthermore, you agree that during the term of thisAgreement you will make sure to maintain and update this information so it will continue to beaccurate, current and complete.You agree, confirm and acknowledge that you are responsible for maintaining the confidentialityof your password and any other security information related to your account (collectively "AccountAccess"). We advise you to change your password frequently and to take extra care in safeguardingyour password.You agree to notify us immediately of any unauthorized use of your Account Access or any otherconcern for breach of your account security.You agree, confirm and acknowledge that we will not be liable for any loss or damage that incurredas a result of someone else using your account, either with or without your consent and/orknowledge.You agree, confirm and acknowledge that you are solely and fully liable and responsible for allactivities performed using your Account Access. You further acknowledge and agree that we willhold you liable and responsible for any damage or loss incurred as a result of the use of yourAccount Access by any person whether authorized by you or not, and you agree to indemnify us forany such damage or loss.You agree and commit not to use the account or Account Access of any other person for anyreason.You agree and confirm that your use of the Platform, including the Therapist Services, are for yourown personal use only and that you are not using the Platform or the Therapist Services for orbehalf of any other person or organization.You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, anyof our systems, services, servers, networks or infrastructure, or any of the Platform's systems,services, servers, networks or infrastructure, including without limitation obtaining unauthorizedaccess to the aforementioned.You agree and commit not to make any use of the Platform for the posting, sending or delivering ofeither of the following: (a) unsolicited email and/or advertisement or promotion of goods andservices; (b) malicious software or code; (c) unlawful, harassing, privacy invading, abusive,threatening, vulgar, obscene, racist or potentially harmful content; (d) any content that infringes athird party right including intellectual property rights; (e) any content that may cause damage to athird party; (f) any content which may constitute, cause or encourage a criminal action or violateany applicable law.You agree and commit not to violate any applicable local, state, national or international law,statute, ordinance, rule, regulation or ethical code in relation to your use of the Platform and yourrelationship with the Technicians and peers.If you receive any file from us or from a Technician or membership peer, whether through thePlatform or not, you agree to check and scan this file for any virus or malicious software prior toopening or using this file.You will indemnify us, defend us, and hold us harmless from and against any and all claims, losses,causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigationand reasonable attorneys' fees and expenses) arising out of or relating to any of the following: (a)your access to or use of the Platform; (b) any actions made with your account or Account Accesswhether by you or by someone else; (c) your violation of any of the provisions of this Agreement;(d) non-payment for any of the services (including Therapist Services) which were providedthrough the Platform; (e) your violation of any third party right, including, without limitation, anyintellectual property right, publicity, confidentiality, property or privacy right. This clause shallsurvive expiration or termination of this Agreement.You confirm and agree to use only credit cards or other payment means (collectively “PaymentMeans”) which you are duly and fully authorized to use, and that all payment related informationthat you provided and will provide in the future, to or through the Platform, is accurate, currentand correct and will continue to be accurate, current and correct.You agree to pay all fees and charges associated with your Account on a timely basis and accordingto the fees schedule, the terms and the rates as published in the Platform. By providing us withyour Payment Means you authorize us to bill and charge you through that Payment Means and youagree to maintain valid Payment Means information in your Account information.7. Modifications, Termination, Interruption and Disruptions to the PlatformYou understand, agree and acknowledge that we may modify, suspend, disrupt or discontinue thePlatform, any part of the Platform or the use of the Platform, whether to all clients or to youspecifically, at any time with or without notice to you. You agree and acknowledge that we will notbe liable for any of the aforementioned actions or for any losses or damages that are caused by anyof the aforementioned actions.The Platform depends on various factors such as software, hardware and tools, either our own orthose owned and/or operated by our contractors and suppliers. While we make commerciallyreasonable efforts to ensure the Platform’s reliability and accessibility, you understand and agreethat no platform can be 100% reliable and accessible and so we cannot guarantee that access tothe Platform will be uninterrupted or that it will be accessible, consistent, timely or error-free at alltimes.8. NoticesWe may provide notices or other communications to you regarding this agreement or any aspect ofthe Platform, by email to the email address that we have on record, by regular mail or by posting itonline. The date of receipt shall be deemed the date on which such notice is given. Notices sent tous must be delivered by email to David@mentalrewiring.orgNotice to California Residents:The Board of Behavioral Sciences receives and responds to complaints regarding services providedwithin the scope of practice of (marriage and family therapists, clinical social workers, orprofessional clinical therapists). You may contact the board online at www.bbs.ca.gov, or bycalling (916) 574-7830.9. Important notes about our AgreementThis Agreement and our relationship with you shall both be interpreted solely in accordance withthe laws of the State of California excluding any rules governing choice of laws.You irrevocably agree that the exclusive venue for any action or proceeding arising out of relatingto this Agreement or our relationship with you, regardless of theory, shall be the US District Courtfor the Northern District of California, or the state courts located in Santa Clara County inCalifornia. You irrevocably consent to the personal jurisdiction of the aforementioned courts andhereby waive any objection to the exercise of jurisdiction by the aforementioned courts. Nothing inthis Agreement, including the choice of the laws of the State of California, affects your statutoryrights as a consumer to rely on the mandatory consumer protection provisions contained in thelaw of the country in which you live.THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND US. YOU CONFIRMTHAT YOU HAVE NOT RELIED UPON ANY PROMISES OR REPRESENTATIONS BY US EXCEPT AS SETFORTH IN THIS AGREEMENT.We may change this Agreement by posting modifications on the Platform. Unless otherwisespecified by us, all modifications shall be effective upon posting. Therefore, you are encouraged tocheck the terms of this Agreement frequently. The last update date of this Agreement is posted atthe bottom of the Agreement. By using the Platform after the changes become effective, you agreeto be bound by such changes to the Agreement. If you do not agree to the changes, you mustterminate access to the Platform and participation in its services.We may freely transfer or assign this Agreement or any of its obligations hereunder.The paragraph headings in this Agreement are solely for the sake of convenience and will not beapplied in the interpretation of this Agreement.If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid,unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement willremain in full force and effect.To clear any doubt, all clauses regarding limitations of liabilities and indemnification shall survivethe termination or expiration of this Agreement.Last Updated: September 21, 2022 Terms & Conditions Privacy Policy Do Not Sell My Information Web Accessibility 2022 Mental Rewiring LLCding 5
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