Scope of Agreement
Unless otherwise indicated, these Terms and Conditions (“Terms”) apply to your use of and/or access to the MindSciences website and/or other websites owned or operated by MindSciences, Inc. (“Websites”) and the mobile applications (“Apps”), peer-to-peer discussion boards (“Communities”) which are owned or operated by MindSciences (collectively, “Products”), or its affiliates (collectively, “we,” “us,” or “our”), including any portions thereof including those available only to subscribers. Your use of the Website and Apps may also be subject to additional terms and conditions provided on the Website and in the Apps (the “Additional Website Terms”).
We reserve the right, in our sole discretion, to change, add or remove provisions of these Terms at any time. You should check these Terms periodically for changes. By using the Website and the Apps, including after any changes are posted to these Terms or you are otherwise notified of such changes, you agree to these Terms and accept those changes, whether or not you have reviewed them. If you do not agree to these Terms, you should not use or access the Website or the Apps.
Your Access to the Website and Apps
If you do not comply with these Terms at any time, we reserve the right to cancel or terminate your password, user account, and/or use of and access to the Products (or any part thereof). You agree not to register or subscribe for more than one account per App, create an account on behalf of someone else, or create a false or misleading identity on any of the Products. If your registration or subscription is revoked for any reason, you agree not to register or subscribe again with our Products using another user name or through any other means. If we have reason to suspect, in our sole discretion, that your account has previously been terminated, we reserve the right to terminate any new accounts you have registered without notice to you, or to exercise any other remedies available to us under these Terms or by law.
Charges and Fees
You are responsible for all charges and fees associated with signing up for and connecting to the Products. Certain portions, components, content and features of the Products are only available to paying subscribers. You are entirely responsible for maintaining the confidentiality of your password and user account information and for all activities which occur under your account. You must notify us immediately in the event of any known or suspected unauthorized use of your user account or breach of security. In the event of a breach of security by you, you will remain liable for any unauthorized use of your subscription until you notify Customer Service of such breach of security.
Privacy and Security
Automatically Become a Registered User
Once you accept these Terms and complete your registration, you automatically become a registered user of this Website, which provides you with access to certain products, offerings, features, or resources of the Website. If you cancel your subscription, you will remain a registered user of the Website unless you specifically request otherwise.
Terminating Your Account
You may terminate your account with us at any time through the account settings, by contacting email@example.com. Terminating your account will revoke any applicable consents or opt-ins but will be subject to any data retention requirements as described below. PLEASE NOTE THAT TERMINATING YOUR ACCOUNT WILL NOT TERMINATE ANY SUBSCRIPTION WITH A THIRD-PARTY PAYMENT PROCESSOR; YOU MUST SEPARATELY CANCEL YOUR SUBSCRIPTION WITH THE THIRD-PARTY PROCESSOR.
Restrictions on Use of Materials
You acknowledge that the Products may contain information, software, photos, videos, text, and other materials (collectively “Content”) that is protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights. All Content is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and we own a copyright in the selection, coordination, arrangement and enhancement of such Content. All trademarks appearing on Products are trademarks of their respective owners. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way commercially exploit, any of the Content, in whole or in part. When Content is received by you in printed form or downloaded to your computer or mobile phone, you do not obtain any ownership interest in such Content. The Products and all Content is solely for your personal, non- commercial use and use of any Content for any other purpose, is prohibited without our prior written consent.
Standards and Conduct Guidelines
You acknowledge that all Content posted, emailed, or otherwise transmitted to, or on our Product community which can be accessed via the Products, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the “Postings”), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email or otherwise transmit. We do not control the Postings posted, emailed or otherwise transmitted by others and, as such, do not guarantee the accuracy, integrity or quality of such Postings. Although we have adopted standards and conduct guidelines for our users (as described below), you understand that by using one of our Products, you may be exposed to Postings that are offensive or objectionable. Under no circumstances will we be liable in any way for any Postings (other than for Content developed by us), including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted . You agree not to use Products to:
Your privilege to use and/or access the Products and contribute to discussions on the community depends on your compliance with the standards and conduct guidelines set forth above. We may revoke your privileges to use and/or access all or a portion of and/or take any other appropriate measures to enforce these standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to the standards and conduct guidelines, or any part of these Terms, we may terminate, in our sole discretion, your use of, or participation in one or more Products. We reserve the right to monitor some, all, or no areas of Products for adherence to the standards and conduct guidelines set forth above or for any other purpose. You acknowledge that by providing you with the ability to distribute Postings on our Products, we are acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any Postings or activities, nor do we endorse any such Postings. Although we reserve the right to remove, without notice, any Posting for any reason, we have no obligation to review Postings prior to when it is posted or to delete Postings that you may find objectionable or offensive. We are not responsible for maintaining a copy of any material we remove from a Product MindSciences programs, apps, Communities and websites, and we are not liable for any loss you incur in the event a posting is removed.
Parental or Guardian Permission
Some of the Content on Products may not be appropriate for children. CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THIS WEBSITE AND THE APPS. We strongly recommend that children between the ages of 13 and 18 ask for their parent’s or guardian’s permission before viewing any Product.
These Terms apply to all Products, and not to the websites or apps of any other person or entity. We may provide, or third parties may provide, links to other websites, apps or resources. You acknowledge and agree that we are not responsible for the availability of such external sites, apps or resources, and do not endorse (and are not responsible or liable for) any Content, advertising, products, or other materials on or available from such websites, apps or resources. You further acknowledge and agree that under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any Content, advertisements, products or other resources available on any other website or apps (regardless of whether we directly or indirectly link to such Content, advertisements, products or other resources). You should direct any concerns with respect to any other website or app to that website’s or app’s administrator or webmaster.
Relationship between MindSciences and Products, namely Eat Right Now®, Unwinding by Sharecare®, Unwinding Anxiety®, and Craving To Quit®:
Eat Right Now, Unwinding Anxiety, and Craving To Quit are the trade names and/or the registered trademarks and service marks of MindSciences, Inc. as are certain other trademarks and service marks used with the Products, this Website, and in the programs, apps, Communities and websites under MindSciences’ control.
Disclaimers of Warranties
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE PRODUCTS, CONTENT AND MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATABILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. NEITHER WE, NOR ANY OF OUR LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THE PRODUCTS, OR ANY FUNCTION CONTAINED IN THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PRODUCTS OR THE SERVERS THAT MAKE THE PRODUCTS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY PRODUCT, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR ACCESS TO THE PRODUCTS IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL. NEITHER WE NOR ANY OF OUR LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN, OR OFFERED THROUGH, THE PRODUCTS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RESULTING FROM (A) USE OF AND/OR ACCESS TO, OR THE INABILITY TO USE AND/OR ACCESS THE PRODUCTS; (B) USE OF ANY CONTENT ON THE PRODUCTS OR ANY WEBSITE LINKED TO THE PRODUCTS, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PRODUCTS; (D) UNAUTHORIZED ACCESS TO, USE OF OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN CONNECTION WITH THE PRODUCTS; OR (F) ANY OTHER MATTER RELATING TO THE PRODUCTS. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU FOR YOUR SUBSCRIPTION. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PRODUCTS, ANY PROVISION OF THESE TERMS, OR ANY PRACTICE OR POLICY OF OURS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THE PRODUCTS. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify, hold harmless and, at our option, defend us and our officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorney’s fees and expenses) arising from your improper use of any MindSciences’ products or services (including, without limitation, the Products), your violation of these Terms, or the infringement or use by you or any other user of your account, of any intellectual property or other right of any person or entity.
Governing Law and Choice of Forum
These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state or federal courts located in Fulton County in the State of Georgia and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
In any action against us arising from the use of Products, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs and reasonable attorney’s fees. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms, as they may be updated from time to time, together with any user agreement applicable to your Services and/or any Coaching Terms, Meeting Terms and Conditions and Additional Website and Apps Terms, are the entire agreement between you and us relating to the subject matter herein. We may assign our rights and obligations under these Terms. These Terms will inure to the benefit of our successors, assigns and licensees. You agree that if we do not exercise or enforce any legal right or remedy under these Terms (or which we would have under any applicable law), that will not be construed as a waiver of our rights.
The Products ARE FOR INFORMATIONAL PURPOSES ONLY. Neither you nor your health care provider may use the Websites, programs, Apps or Communities, or the Content contained therein, to diagnose a health problem or disease, or as a means of determining treatment. Users are encouraged to share any content with health care providers, but as a condition of using the Products, agree that the only health advice received will be from your health care provider, and not from or through MindSciences, or any of its principals, officers, directors, employees, contractors or agents. The Content is not intended to be a substitute for professional advice, diagnosis, or treatment. Always seek the advice of your mental health professional or other qualified health provider with any questions you may have regarding your condition. Never disregard professional advice or delay in seeking it because of something provided by us including but not limited to information contained in the Products. If you are in crisis or you think you may have an emergency, call your doctor or 911 immediately. If you’re having suicidal thoughts, call 1-800-273-TALK (8255) to talk to a skilled, trained counselor at a crisis center in your area at any time (National Suicide Prevention Lifeline). If you are located outside the United States, call your local emergency line immediately.
MindSciences, Inc. (“us”, “we”, or “our”), a subsidiary of Sharecare, operates the https://drjud.com, https://www.mindsciences.com, http://www.unwindinganxiety.com, https://goeatrightnow.com, and http://www.cravingtoquit.com websites and the Unwinding by Sharecare, Unwinding Anxiety, Eat Right Now, and Craving to Quit programs, including related mobile applications and related online Communities and other MindSciences (also called Sharecare behavioral health) properties that may be developed from time to time (hereinafter referred to as the “Services”).
This page informs you of our policies regarding the collection, use and disclosure of personal data when you use our Services and the choices you have associated with that data.
Personal Data means data about a living individual who can be identified from the data.
Usage Data is data collected automatically, either generated by the use of the Services or from the Services infrastructure itself (for example, the duration of a page visit).
Cookies are small files stored on your device (computer or mobile device).
Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.
Depending on how you interact with the Services, we may receive your data as a Data Controller or a Data Processor as defined below.
Data Processors (or Services Providers)
Data Processor (or Services Provider) means any natural or legal person who processes the data on behalf of the Data Controller.
We may use the Services of various Data Processors (Services Providers) in order to process your data more effectively, and we also may serve as a Data Processor (Service Provider) to a Data Controller.
Data Subject (or User)
Data Subject is any living individual who is using our Services and is the subject of Personal Data.
Information Collection and Use
Please note that if you are participating in an enterprise program through a HIPAA Covered Entity and you engage with any Communities, your voluntary disclosure of information to other members of the Community may render the disclosed information no longer subject to HIPAA.
Types of Data Collected; How We Collect Information
While using our Services, we may ask you to provide us with certain Personal Data. Personal Data may include:
We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or the instructions provided in any email we send.
Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Services that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When you access the Services with a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.
Tracking Cookies Data
Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyze our Services.
You can instruct your browser to refuse all Cookies or to indicate when a cookie is being sent. However, if you do not accept Cookies, you may not be able to use some portions of our Services.
Examples of Cookies we use:
The strictly necessary in the table below are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.
Strictly Necessary Cookies
The performance cookies in the table below allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.
The targeting cookies below may be set in connection with third-party advertising networks to show you relevant ads from MindSciences on other sites, based on your browsing activity on our sites. If you do not allow these cookies, you will experience less targeted advertising.
Performance Cookies, Targeting Cookies
gaCookie2, gaCookie1, _gat_xxxxxxxxxxxxxxxxxxxxxxxxxx, gaCookie1_gid, gaCookie2_gid
YSC, CONSENT, VISITOR_INFO1_LIVE
Use of Data
MindSciences, Inc. uses the collected data for various purposes:
Retention of Data
MindSciences, Inc. will also retain Usage Data for internal analysis purposes.
Transfer of Data
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.
If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.
Disclosure of Data
Disclosure for Law Enforcement
Under certain circumstances, MindSciences, Inc. may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
MindSciences, Inc. may disclose your Personal Data in the good faith belief that such action is necessary to:
Security of Data
The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
California Privacy Rights
Residents of the State of California may have additional rights as set forth in the Privacy Notice for California Residents of our parent company, Sharecare. MindSciences does not sell your personal information or share your personal information for purposes of third-party cross-context behavioral advertising.
Your Rights and Privacy Choices
Our goal is to be clear about what information we collect, so that you can make meaningful choices about how it is used.
Subject to your specific use of the Services, your privacy rights include:
Your right to access or delete the Personal Information we hold about you is not absolute. There are instances where applicable law or regulatory requirements allow or require us to refrain from taking certain actions with respect to some or all of the Personal Information that we hold about you. In addition, some or all of the Personal Information may have been destroyed, erased or made anonymous. In the event we cannot provide you with access to your Personal Information, or we are unable to delete it, we will inform you of the reasons why, subject to any legal or regulatory restrictions.
Data Protection Rights under the General Data Protection Regulation (GDPR)
If you are a resident of the European Economic Area (EEA), you may have certain data protection rights above and beyond the rights afforded to all of our users.
In certain circumstances, you have the following data protection rights under the GDPR:
Please refer to the immediately preceding section for details on how to exercise many of these rights. If any of your questions are not answered in those instructions, please email firstname.lastname@example.org.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
Our EEA representative is Sharecare Digital Health International Limited, 88 Harcourt Street, Dublin 2 D02 DK18.
We may employ third party companies and individuals to facilitate our Services (“Services Providers”), provide the Services on our behalf, perform Services-related Services or assist us in analyzing how our Services is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose. Examples below are not exhaustive.
When you have opted into cookies, we may use third-party Services Providers to monitor and analyze the use of our Services.
Some of our websites that do not use Google Analytics instead use Adobe Analytics for similar analytics purposes. For more information on the privacy practices of Adobe, please visit https://www.adobe.com/privacy.html.
We may provide paid products and/or Services within the Services. In that case, we use third-party Services for payment processing (e.g. payment processors).
The payment processors we work with are:
Links to Other Sites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or Services.
Our Services do not address anyone under the age of 18 (“Children”).
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
By email: email@example.com
Date last updated: 02.01.2023