Terms and Conditions

Last Revised 01/22/2016

These Terms and Conditions apply to all visitors who use the publicly available pages of the SonderMind website located at http://www.sondermind.com, and those users who have been granted authorized access to non-publicly available portions of the website or subdomains (individually and collectively, the ” Site“). The Site may be accessed via the World Wide Web, mobile device or through a hyperlink embedded in an email or on a website hosted by a third party or one of our affiliated companies. By using the Site and agreeing to these terms and conditions, you consent to the Site’s use of cookies in accordance with the terms of the Site’s privacy policy.

License to Use Website

Unless otherwise stated, the Site and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

· republish material from this website (including republication on another website);

· sell, rent or sub-license material from the website;

· show any material from the website in public;

· reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;]

· edit or otherwise modify any material on the website;

· redistribute material from this website, except for content specifically and expressly made available for redistribution.

Where content is specifically made available for redistribution, it may only be redistributed within your organization.

Acceptable Use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without the Site’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without the Site’s express written consent.

Restricted Access

If the Site provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

The Site may disable your user ID and password in the Site’s sole discretion without notice or explanation.

User Content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to the Site a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to the Site the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or the Site or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

The Site reserves the right to edit or remove any material submitted to this website, or stored on the Site’s servers, or hosted or published upon this website.

No Warranties

We provide the service “as-is,” “with all faults” and “as available.” The entire risk as to the quality and performance of the service and software is with you. Should the service or software prove defective, you assume the entire cost of all necessary servicing or repair. We don’t guarantee the accuracy or timeliness of information available from the service. You acknowledge that computer and telecommunications systems are not fault-free and occasional periods of downtime occur. We do not guarantee the service will be uninterrupted, timely, secure, or error-free, or that data loss will not occur. We and our affiliates and vendors give no express warranties, guarantees, or conditions. We exclude any implied warranties, including for merchant-ability, satisfactory quality, fitness for a particular purpose, workmanlike effort, and non-infringement. You may have certain rights under your local law. Nothing in this contract is intended to affect those rights, if they are applicable.

USERS UNDERSTAND AND AGREE THAT ANY MONTHLY AND/OR ANNUAL PAYMENTS MADE ARE NON-REFUNDABLE ONCE PAID. THIS APPLIES IN THE EVENT THAT THE USER DECIDES TO NO LONGER USE THE SITE OR IN THE EVENT THAT THE SITE MUST SHUT DOWN OR CLOSE OPERATIONS, INCLUDING A CHANGE OF OWNERSHIP OF THE SITE. USERS ARE ADVISED TO MAINTAIN A MONTH-TO-MONTH MEMBERSHIP IF THEY DO NOT AGREE TO BEAR THE RISK OF PAYING FOR AN ANNUAL SERVICE THAT MAY CEASE OPERATIONS.

Third-party programs and devices that connect with THE SITE are not endorsed or warranted by THE SITE. Product descriptions are by their manufacturers and provided for informational purposes only. This site does not provide medical or any other health care advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition, diet, fitness or wellness program. Never disregard professional medical advice or delay in seeking it because of information you accessed on or through the service.

Limitations of Liability

The Site will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

· to the extent that the website is provided free-of-charge, for any direct loss;

· for any indirect, special or consequential loss; or

· for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if the Site has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit the Site’s liability in respect of any:

· death or personal injury caused by the Site’s negligence;

· fraud or fraudulent misrepresentation on the part of the Site; or

· matter which it would be illegal or unlawful for the Site to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other Parties

You accept that, as a limited liability entity, the Site has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against the Site’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect the Site’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as the Site.

Unenforceable Provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify the Site and undertake to keep the Site indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by the Site to a third party in settlement of a claim or dispute on the advice of the Site’s legal advisers) incurred or suffered by the Site arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of These Terms and Conditions

Without prejudice to the Site’s other rights under these terms and conditions, if you breach these terms and conditions in any way, the Site may take such action as the Site deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

The Site may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Registration

All users agree to provide true, accurate, current and complete information, as prompted by the Site’s account set-up form and maintain and update this information to keep it true, accurate, current and complete.

If you provide any information that is untrue, inaccurate, not current or incomplete, or the Site has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Site has the right to suspend or terminate your account and refuse any and all current or future use of the Site’s services.

Account Security

Users will be provided a login ID and password when an account is created. The user is responsible for maintaining the confidentiality of the password and login ID. If the user becomes aware of any potential breach of security, such as the unauthorized disclosure or use of your user name or password, the user agrees to immediately notify the Site.

Privacy Policy

In accessing the Site, you may provide certain personally identifiable information which will be treated in accordance with the Site’s Privacy Policy. For more information, please refer to the Privacy Policy (https://www.sondermind.com/privacy-policy/). By reference hereto, the Privacy Policy is expressly incorporated herein.

Communications

Except for any personally identifiable information and/or Protected Health Information, any and all unsolicited communication sent or transmitted by the user to the Site, including, but not limited to, suggestions, comments, and other information or materials (collectively “Feedback”) shall be deemed non-confidential and non-proprietary. Subject to the Site’s Privacy Policy, the Site shall have no obligation of any kind with respect to such Feedback and, without limitation, is free to use and distribute to others such Feedback. Furthermore, the Site shall be free to use any Feedback, including, but not limited to ideas, concepts, know-how, or techniques contained therein for any purpose, including, but not limited to incorporating, developing and marketing products from the use of such Feedback.

Assignment

The Site may transfer, sub-contract or otherwise deal with the Site’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire Agreement

These terms and conditions, together with the Site’s privacy policy, constitute the entire agreement between you and the Site in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Credit

This document was created using a Contractology template available at http://www.freenetlaw.com.

Law and Jurisdiction

These terms and conditions will be governed by and construed in accordance with Colorado law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Colorado.

Questions

If you have questions and comments or you wish to notify us regarding a suspected violation of these terms, please contact the Site immediately at support@sondermind.com.