Terms & Conditions
Last updated: December 18, 2023
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The ownership of the Website and its Content belongs to MindCare Health, LLC (“Company”, “we”, or “us”).
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Please review these Terms and Conditions (“T&C”) attentively. We maintain the right to modify these Terms and Conditions on the Website without prior notice. By utilizing the Website and its Content, you accept the T&C in their current form, regardless of whether you have reviewed them. If you disagree with these T&C, we advise refraining from using our Website or its Content.
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By clicking “I accept,” or otherwise accessing or using the services, or any portion thereof, including the site, you acknowledge and agree that you have read, understand, and agree to be bound by these terms. You represent and warrant that you have the right, authority, and capacity to enter into these terms (on behalf of yourself and, as applicable, the entity that you represent). If the individual entering into these terms or otherwise accessing or using the services is doing so on behalf of, or within his or her capacity as a representative, agent, or employee of an entity, such individual and such entity:
(i) Agree that the terms “you” and “your” as used herein apply to such entity and, as applicable, such individual; and
(ii) Represent and warrant that the individual entering into these terms has the power, right, authority, and capacity to enter into these terms on behalf of such entity.
The Services offer users personal mental, physical, social, and health coaching services aimed at improving your overall health. You understand and agree that any information you learn from the services is provided for informational purposes only and is not intended, designed, or implied to:
(i) Diagnose, prevent, or treat any condition or disease;
(ii) Ascertain the state of your health, to be a substitute for professional medical care;
(iii) Be a substitute for the advice of a financial advisor, certified nutritionist, or medical professional.
You may not access or use the services or accept these terms if you are not at least 18 years old. If you do not agree to be bound by the terms, you may not access or use the services.
If you subscribe to the services for a term (the “initial term”), then your subscription will be automatically renewed for additional periods of the same duration as the initial term at Wellness Coach’s then-current fee for such services unless you opt out of the auto-renewal/decline to renew your subscription in accordance with the description below.
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Unless you opt out of arbitration within thirty (30) days of the date you first agree to these terms by following the opt-out procedure specified in the “Arbitration” section below, and except for certain types of disputes described in the “Arbitration” section below, you agree that disputes between you and The Company will be resolved by binding, individual arbitration and you are waiving your right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.
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Any dispute, claim, or request for relief relating in any way to your use of the site will be governed and interpreted by and under the laws of the State of Tennessee, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from these terms.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
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Definitions
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For the purposes of this Disclaimer:
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Company (referred to as either "the Company", "We", "Us" or "Our" in this Disclaimer) refers to MindCare Health LLC, 2000 Mallory Drive, Suite 290-#1074, Franklin TN 37067.
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Service refers to the Website and any coaching received, either pro bono or paid.
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You means the individual accessing the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
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Website refers to MindCare Health LLC, accessible from https://www.MindCareHealth.us
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Classes and Coaching
Through the Services, users can choose from various options to take part in one-on-one or group coaching sessions (the “Coaching Services”). These Services offer guidance and knowledge in areas including team, mental, physical, social, and financial wellbeing, among others.
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By accessing the Coaching Services, you accept responsibility for joining sessions at the designated start time. Failure to attend a scheduled session or arriving late will result in forfeiture of payment or purchases without eligibility for a refund. Additionally, you agree to conduct yourself professionally and respectfully during sessions, refraining from harassing, berating, or intimidating those providing the Coaching Services. Any behavior not in line with these Terms may result in termination of your access to or use of Coaching Services.
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You acknowledge that MindCare Health, LLC and its representatives, including Coaching Services providers, are not medical professionals, unless expressly stated otherwise on the Services. They are not nutritionists, psychologists, psychiatrists, psychotherapists, stockbrokers, financial advisors, fiduciaries, or certified public accountants (CPAs). The Coaching Services are for informational purposes only and are not intended to:
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(i) Diagnose, prevent, or treat any condition or disease;
(ii) Substitute professional medical care to assess your health;
(iii) Replace advice from financial advisors, certified nutritionists, or medical professionals.
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The information provided as part of the Coaching Services does not replace professional medical advice, diagnosis, or treatment. You are solely responsible for decisions made based on information obtained during Coaching Services. For medical attention, always seek advice from your physician or another qualified healthcare provider. Do not disregard professional medical advice or delay treatment because of information received through the Services.
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Additionally, information provided as part of the Coaching Services should not be considered investment, legal, or tax advice. Not all activities described or Coaching Services offered are suitable for everyone. Consult your physician before engaging in any Coaching Services involving physical movement or exertion to ensure your medical fitness. By participating in these exercises or programs, you agree to assume any associated risks and release MindCare Health, LLC and individual Coaching Services providers from all known or unknown claims arising from injuries sustained during participation.
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Restrictions
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You are explicitly and clearly prohibited from:
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Publishing any Website material in any media.
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Selling, sublicensing, or otherwise commercializing any Website material.
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Publicly performing or displaying any Website material.
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Using this Website in any way that may cause damage to it.
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Using this Website in a manner that affects user access to it.
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Using this Website in violation of applicable laws and regulations, or in a way that may harm the Website, individuals, or businesses.
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Engaging in data mining, harvesting, extracting, or similar activities related to this Website.
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Using this Website for advertising or marketing purposes.
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Certain areas of this Website may be restricted from your access, and MindCare Health, LLC reserves the right to further limit your access to any areas at any time, at its sole discretion. Any user ID and password provided for this Website must be kept confidential, and you are responsible for maintaining their confidentiality.
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Your Personal Health Information
At times your personal health information may be provided to The Company via forms, email, virtual conversations, telephone conversation, or by other means. You acknowledge that you are voluntarily providing this information and that you are solely and personally responsible for your choices and actions, both now and in the future. You accept full responsibility for the consequences of your use, or non-use, of any information provided on or through our Service. You understand that the Company will make all reasonable attempt to keep your personal health information private, secure, and confidential. The Company and individual coaching providers are not required by law to conform to HIPPA standards of information security.
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Indemnification, Limitation of Liability and Release of Claims
Indemnification: You agree to defend, protect, and absolve our Company, along with any affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from any claims, legal actions, damages, liabilities, costs, and expenses, including legal fees, linked to our Website, its Content, or your violation of any obligation, warranty, representation, or agreement outlined in these T&C or any other agreement with us.
Limitation of Liability: We are not liable for any information, products, or materials received through our Website and its Content. We bear no responsibility for accidents, delays, injuries, losses, damages, death, lost profits, personal or business disruptions, misuse of information, physical or mental conditions, or any other outcome due to actions of anyone associated with us. We are not liable for individuals engaged in providing our Website or its Content in any location. By using our Website, its Content, or any information provided by us or our affiliates, we accept no responsibility.
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Release of Claims: Under no circumstances will we be accountable for direct, indirect, special, incidental, equitable, or consequential damages resulting from the use or reliance on our Website, its Content, or those associated with us. You release us from any claims, including those related to financial losses, personal or business disruptions, injuries, accidents, misuse of information, or any other losses, physical or mental conditions, or issues, even if we are informed of the potential for such damages or issues.
Disclaimers
The information contained on the Service is for general information purposes only. The Company assumes no responsibility for errors or omissions in the contents of the Service. In no event shall the Company be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service.
The Company reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice.
The Company does not warrant that the Website is free of viruses or other harmful components.
Medical Information Disclaimer
The information about health provided by the Service is not intended to diagnose, treat, cure or prevent disease. Products, services, information and other content provided by the Service, including information linking to third- party websites are provided for informational purposes only.
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Information offered by the Service is not comprehensive and does not cover all diseases, ailments, physical conditions or their treatment. Individuals are different and may react differently to different products. Do not disregard medical advice or delay seeking medical advice because of information you read or obtain through this Service. Do not start or stop any medications without speaking to your medical or mental health provider.
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Comments made on the Service by employees or other users are strictly their own personal views made in their own personal capacity and are not claims made by the Company nor do they represent the position or view of the Company.
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Although our Service is provided by Registered Nurses, we are not YOUR registered nurse. All information obtained through our Service is for informational purposes only, does not constitute medical advice, and does not establish any kind of patient-client relationship.
The Company is not liable for any information provided by the Service with regard to recommendations regarding supplements for any health purposes. The Company makes no guarantee or warranty with respect to any products or services sold. The Company is not responsible for any damages for information or services provided even if the Company has been advised of the possibility of damages.
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FTC Affiliate Disclaimer
The disclosure that follows is intended to fully comply with the Federal Trade Commission's policy of the United States that requires the Company to be transparent about any and all affiliate relations the Company may have on the Service.
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You should assume that some of the links are "affiliate links", a link with a special tracking code. This means that if You click on an affiliate link and purchase the item, the Company may receive an affiliate fee. This is a legitimate way to monetize and pay for the operation of the Service and the Company gladly reveal its affiliate relationships to You. The price of the item is the same whether it is an affiliate link or not. Regardless, the Company only recommends products or services the Company believes will add value to users.
Affiliate advertising programs that the Service uses are:
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Amazon Services LLC Associates Program: As an Amazon Associate, The Company earns fees from qualifying purchases. The Company is a participant in the Amazon Services LLC Associate Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com or endless.com, MYHABIT.com, SmallParts.com, or AmazonWireless.com. Pages on this Service may include affiliate links to Amazon and its affiliate sites on which the owner of this Service, MindCare Health LLC, 2000 Mallory Drive, Suite 290 -#1074, Franklin TN 37067, will make a referral fee.
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ClickBank
External Links Disclaimer
The Service may contain links to external websites that are not provided or maintained by or in any way affiliated with the Company. Please note that the Company does not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites.
Errors and Omissions Disclaimer
The information given by the Service is for general guidance on matters of interest only. Even if the Company takes every precaution to ensure that the content of the Service is both current and accurate, errors can occur. Plus, given the changing nature of laws, rules and regulations, there may be delays, omissions or inaccuracies in the information contained on the Service. The Company is not responsible for any errors or omissions, or for the results obtained from the use of this information.
Fair Use Disclaimer
The Company may use copyrighted material which has not always been specifically authorized by the copyright owner. The Company is making such material available for criticism, comment, news reporting, teaching, scholarship, or research. The Company believes this constitutes a "fair use" of any such copyrighted material as provided for in section 107 of the United States Copyright law. If You wish to use copyrighted material from the Service for your own purposes that go beyond fair use, You must obtain permission from the copyright owner.
Views Expressed Disclaimer
The Service may contain views and opinions which are those of the authors and do not necessarily reflect the official policy or position of any other author, agency, organization, employer or company, including the Company. Comments published by users are their sole responsibility and the users will take full responsibility, liability and blame for any libel or litigation that results from something written in or as a direct result of something written in a comment. The Company is not liable for any comment published by users and reserves the right to delete any comment for any reason whatsoever.
No Responsibility Disclaimer
The information on the Service is provided with the understanding that the Company is not herein engaged in rendering legal, accounting, tax, or other professional advice and services. As such, it should not be used as a substitute for consultation with professional accounting, tax, legal or other
competent advisers. In no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever arising out of or in connection with your access or use or inability to access or use the Service.
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"Use at Your Own Risk" Disclaimer
All information in the Service is provided "as is", with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and
fitness for a particular purpose. The Company will not be liable to You or anyone else for any decision made or action taken in reliance on the information given by the Service or for any consequential, special or similar damages, even if advised of the possibility of such damages.
Contact Us
If you have any questions about this Disclaimer or Terms and Conditions, you can contact Us:
* By email: info@mindcarehealth.us
* By visiting this page on our website: https://www.mindcarehealth.us/contact
* By phone number: 1 (615) 257-1627