Unless otherwise indicated, these Terms and Conditions (“Terms”) apply to your use of and/or access to the MindSciences website and/or other websites (“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.
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.
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.
We are committed to protecting your privacy and security. For more information, you should review the Privacy Policy, which is incorporated into these Terms by this reference.
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.
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.
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.
If, at our request or on your own, you send, email, post or otherwise transmit to us or to any Product any Content (collectively, the “Submissions”), you grant us and our successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license (as well as consent) to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display any Submissions (in whole or in part and with or without the use of your name) worldwide and/or to incorporate the Submissions in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, the “Rights”) that may exist in such Submissions. You also warrant that, to the extent you are not the exclusive holder of all Rights in a submission, any third party holder of any Rights, including moral rights in such Submissions, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You further acknowledge that we and our successors and assigns shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. You also permit any user to access, display, view, store and reproduce for personal use any Submission that you have made available to Product users Except as provided in our Privacy Policy, none of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions.
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.
Eat Right Now, Unwinding Anxiety, and Craving To Quit are the trade names and 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.
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.
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.
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, 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’ full Privacy Policy is located in the following section of this document.
MindSciences, Inc. (“us”, “we”, or “our”) 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 online Communities and other MindSciences 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.
We use your data to provide and improve the Services. By using the Services, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.
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 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 is any living individual who is using our Services and is the subject of Personal Data.
We collect several different types of information for various purposes to provide and improve our Services to you in accordance with this Privacy Policy. If you subscribe to the Products as part of a third-party program, including but not limited to an insurer or benefits supplier, MindSciences may share all data it has with that third party per the terms of the written agreement between MindSciences and the third party.
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.
We use Cookies and similar tracking technologies to track the activity on our Services.
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:
MindSciences, Inc. uses the collected data for various purposes:
If you are from the European Economic Area (EEA), MindSciences, Inc. legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it. Depending on such factors, MindSciences, Inc. may process your Personal Data because:
MindSciences, Inc. will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies. Name and Email address will be retained for the purposes of contacting you regarding Products
MindSciences, Inc. will also retain Usage Data for internal analysis purposes.
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.
Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
MindSciences, Inc. will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are reasonable controls in place including the security of your data and other personal information.
If MindSciences, Inc. is involved in a merger, acquisition or asset sale, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy.
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:
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.
We do not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.
You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
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.
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. MindSciences, Inc. aims to take reasonable steps to allow you to correct, amend, delete or limit the use of your Personal Data.
If you wish to be informed about what Personal Data we hold about you and if you want it to be removed from our systems, please contact us, including our data protection offer, at support@mindsciences.com.
In certain circumstances, you have the following data protection rights:
Please note that we may ask you to verify your identity before responding to such requests.
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 France, 105 avenue Raymond Poincare, 75116 Paris, France.
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.
We may use third-party Services Providers to monitor and analyze the use of our Services.
MindSciences, Inc. uses remarketing Services to advertise on third party websites to you after you visited some of our web Services; however this section does not apply to any of your protected health information that is governed by HIPAA. We and our third-party vendors use cookies to inform, optimize and serve ads based on your past visits to our Services.
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).
We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.
The payment processors we work with are:
Our Services may contain links to other sites that are not operated by us. If you click a third-party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.
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 does 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.
We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.
We will let you know via email and/or a prominent notice on our Services, prior to the change becoming effective and update the “effective date” at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
If you have any questions about this Privacy Policy, please contact us:
By email: support@mindsciences.com
Date last updated: 09.03.2021
