MENTAL HEALTH SOLUTIONS, INC.
TERMS AND CONDITIONS OF USE
CAREFULLY READ THESE TERMS OF USE BEFORE USING OUR SERVICE
1. INTRODUCTION
These Terms and Conditions of Use (the “Agreement,” “Terms,” “Terms and Conditions”, or “Terms of Use”) constitute a binding written agreement between Mental Health Solutions, Inc., d/b/a Nirvana Health, and its affiliated entities (collectively either “Mental Health Solutions,” “Company,” “we,” “us,” or “our”), and you (hereinafter “You,” “Yours,” and/or “Customer”) regarding certain services that are offered by the Company, including but not limited to through and on certain websites located at https://www.meetnirvana.com/, client.meetnirvana.com, calculator.meetnirvana.com (the “Patient Portal”), collectively the “Sites”), which are operated by the Company. To make these Terms easier to read, the services offered by the Company, including but not limited services offered on the Sites are collectively called the “Services.”
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITES, AS THEY DESCRIBE YOUR LEGAL RIGHTS AND RESPONSIBILITIES, REMEDIES, AND OBLIGATIONS, AND IN PARTICULAR, YOUR AGREEMENT THAT: (1) ANY AND ALL CLAIMS AND DISPUTES YOU MAY HAVE WITH THE COMPANY SHALL BE RESOLVED EXCLUSIVELY BY AND THROUGH BINDING ARBITRATION AND THAT YOU WAIVE ANY RIGHTS TO HAVE CLAIMS AND DISPUTES AGAINST THE COMPANY RESOLVED BY A JURY OR IN A COURT OF LAW; AND (2) YOU CAN ONLY PURSUE CLAIMS AND DISPUTES AGAINST THE COMPANY AND/OR SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, OR DECLARATORY RELIEF) AGAINST THE COMPANY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
2. ACCEPTANCE OF TERMS AND CONDITIONS
BY CLICKING “I AGREE,” CHECKING A RELATED BOX TO SIGNIFY YOUR ACCEPTANCE, USING ANY OTHER ACCEPTANCE PROTOCOL PRESENTED THROUGH OR ON THE SITES, MAKING A PURCHASE FROM US, OR OTHERWISE AFFIRMATIVELY ACCEPTING THESE TERMS AND CONDITIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND CONDITIONS. YOU HEREBY GRANT AGENCY AUTHORITY TO ANY PARTY WHO CHECKS THE “I AGREE” BOX OR OTHERWISE INDICATES ACCEPTANCE TO THESE TERMS AND CONDITIONS ON YOUR BEHALF.
IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS, INCLUDING THE DISCLAIMERS, YOU MAY NOT ACCESS OR USE THE SITES OR SERVICES OR CREATE AN ACCOUNT WITH US. IF YOU DO NOT UNDERSTAND AND AGREE TO ALL OF THESE TERMS, OR ARE UNDER EIGHTEEN (18) YEARS OF AGE, YOU SHOULD CEASE ALL USE OF THE SITES AND LOGOFF IMMEDIATELY.
3. ELECTRONIC SIGNATURE CONSENT AND AGREEMENT
You consent and agree that your use of a keypad, mouse, or other device to select an item, button, icon, checkbox, to enter text, or to perform a similar act/action, while using our Sites, for the purpose of accessing or making any transactions regarding any agreement, acknowledgment, consent, terms, disclosures or conditions, constitutes your signature, including without limitation of the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) acceptance and agreement as if actually signed by you in writing. Be advised that all activity and IP address information may be monitored. The right to use any product or service you purchase from us is personal to you and is not transferable to any other person or entity.
4. SERVICES
The “Services” may include (i) gathering and providing health care related information for use in health care provider appointments and communications and (ii) access to portions of your records.
Among other activities, the Services enable coordination and communication with a health care provider. It does not replace your relationship with any physician or other health care provider.
Always seek the advice of your physician or other qualified health care provider with any questions you have regarding your medical care, and never disregard professional medical advice or delay seeking it because of something you have read on the Sites. Nothing contained in the Sites is intended to constitute a medical diagnosis or treatment. Reliance on any information appearing on the Sites, including but not limited to information provided by website personnel or by other users of the Sites, is solely at your own risk.
5. CHANGES TO TERMS AND CONDITIONS OR SERVICES
The Company reserves the right to make changes to the Sites, policies, and to this Agreement at any time and without notice. YOU SHOULD PRINT A COPY OF THIS AGREEMENT AND CHECK BACK FREQUENTLY FOR UPDATES. Your continued use of our Sites or of any purchased product or service following any future amendment constitutes your acceptance of any modified terms. If you have any questions regarding these terms, please contact customer care at info@meetnirvana.com.
6. PRIVACY POLICY AND E-MAIL PRIVACY
The Company understands the importance of confidentiality and privacy regarding your health information. Please see our Privacy Policy at https://www.meetnirvana.com/legal/privacy-policy, available on the for a description of how we may collect and use your personal information, The Privacy Policy is hereby incorporated into these Terms of Use by reference and constitute a part of these Terms of Use.
Users of the Patient Portal will be notified via e-mail when there is new medical information to be viewed on the Patient Portal. This means that any person with access to a patient's e-mail account will be able to see this notification. Although no private medical information will be sent, the notification that new medical information is available by accessing the Patient Portal may be information that a patient would not want others to know. Thus patients should take this into consideration when providing an e-mail address.
7. PROTECTED HEALTH INFORMATION
The Company’s Patient Portal service includes the capability to receive personally identifiable health information which is protected by federal and other law. Your use of the Patient Portal service constitutes your express authorization for the Company and your health care providers to disclose identifiable health information to your designated Patient Portal account for the purposes described here. Patients may revoke their authorization and discontinue their account by contacting our staff at help@meetnirvana.com and be sure to include your contact information. Revocation of your authorization or discontinuance of your Patient Portal account will not affect your medical care in any way. The Company reserves the right to disclose or to re-disclose such information as required or permitted by law.
8. YOUR RELATIONSHIP WITH US
The Company does not itself provide any medical services, including via the Sites and Services. Rather, the Company provides a technology platform for you to access a portion of your medical information provided by a licensed health care provider (a “Provider”) and additional information. The health care resources made available through our Services are not a substitute for direct in-person health care services in all cases. The decision to focus on diagnosis, treatment recommendations, or both, rests with you and the Provider. You understand that by coordinating and in certain cases consulting with a Provider or affiliate health care provider through the Services, you are not entering into a provider-patient relationship with the Company.
By accepting the Terms of Use, you agree and consent to the Company, affiliates, or health care providers sending you disclosures, notices, messages, reports, and other communications. It is your responsibility to monitor these communications. You acknowledge and agree that you will not hold us or any Mental Health Solutions affiliate liable for any loss, injury, or claim of any kind resulting from your failure to read these communications or for your failure to comply with any treatment recommendations contained in these communications.
9. REGISTRATION AND USER ACCOUNTS
Although certain parts of the Sites are accessible by any individual, you are obligated to register with the Company in order to access the Services. The Services are available only to users who have created a Patient Portal account and to other persons affiliated with Mental Health Solutions who have been granted accounts with usernames and passwords (“Secure Users”). If you are a Secure User, you agree to provide information that is accurate, complete and correct, and to accurately maintain and update any information about yourself that you have provided to Mental Health Solutions. If you do not maintain such information, or if Mental Health Solutions has reasonable grounds to suspect as much, Mental Health Solutions has the right to suspend or terminate your account and your use of the Services. Mental Health Solutions reserves the right in its sole discretion to revoke your access to the Sites at any time for any reason. Mental Health Solutions also reserves the right to discontinue providing Site access altogether. You also agree to immediately notify Mental Health Solutions of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to the Services by emailing Mental Health Solutions at help@meetnirvana.com. Mental Health Solutions may take any and all actions it deems necessary or reasonable to maintain the security of the Sites, Services, and your Secure User account.
You agree to keep confidential your username and password and to exit from your Secure User account at the end of each session. You are responsible for all activities that occur under your account and for maintaining the confidentiality of your password. You are responsible for changing your password promptly if you think it has been compromised. You may not transfer or share your password with anyone, or create more than one account. You may not use anyone else’s account at any time. Mental Health Solutions explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section. You acknowledge and agree that: (1) all or any part of the Sites may not be accessible at any time, for any period, or for any reason; and (2) Mental Health Solutions will not be liable if for any reason all or any part of the Sites are unavailable at any time or for any period. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content.
10. OWNERSHIP OF INFORMATION SUBMITTED VIA THE SITES
With the exception of any personal data or information you submit maintained in accordance with our Privacy Policy or as otherwise prohibited by federal or state-specific privacy laws and regulations), you understand and agree that any information you provide to Mental Health Solutions on or through the Sites or Services, whether by direct entry, submission, email or otherwise, including, but not limited to, data, will be treated as non-confidential and non-proprietary and will become the property of Mental Health Solutions and its affiliates..
Such information may be used for any purpose, including, without limitation, reproduction, solicitation, disclosure, transmission, publication, broadcast, and posting. Mental Health Solutions shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Mental Health Solutions via the Services or by any other means for any purpose whatsoever, including, without limitation, developing and marketing products using such information.
For any personal data or information subject to the foregoing exception, and to the extent permitted by law, you: (1) understand and agree that any such information provided by you may be used, copied, or displayed by Mental Health Solutions. Mental Health Solutions may create derivative works of any such data, and Mental Health Solutions may provide such data to our service providers and our successors and assigns, and Providers in performance of their services; and (2) grant Mental Health Solutions, our service providers our successors and assigns, and affiliated health care providers, the fully transferable and sublicenseable right and license to use, reproduce, modify, analyze, perform, display, distribute, and otherwise disclose to third parties any data or information you submit on or through the Sites for the purposes of providing services to you; conducting research or analyses of such data; and designing, developing, implementing, modifying and/or improving new, current or future features, products and services of Mental Health Solutions using such data.
11. LIMITED RIGHT TO USE AND PROHIBITED USE
The viewing, printing or downloading of any Content, graphic, form, or document from the Sites grants you only a limited, non-exclusive license for use solely by you for your own personal, non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or offer for sale any information contained on, or obtained from, the Sites.
Illegal and/or unauthorized uses of the Sites, which also includes (a) collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited commercial email; (b) using any information retrieval system, whether electronic or through other means, to reproduce any of the Content of the Sites other than for your personal use; and (3) unauthorized framing or linking to the Sites will be investigated and appropriate legal action will be taken, including civil, criminal, and injunctive redress.
12. DISCLAIMER OF WARRANTIES
The materials contained on the Sites are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or other violations of rights. We assume no liability or responsibility for any errors or omissions in the content of the Services or Sites, that defects will be corrected, or that any Company Sites or the servers that make such materials available are free of viruses or other harmful components; any failures, delays, malfunctions, or interruptions in the delivery of any Content contained on the Sites; any losses or damages arising from the use of the content provided on the Sites; or any conduct by users of the Sites, either online or offline. We do not warrant or make any representations regarding the use or the results of the use of the materials on any Services or Sites in terms of their correctness, accuracy, reliability, or otherwise. You assume the entire cost of all necessary servicing, repair, or correction.
13. LIMITATIONS OF LIABILITY
Under no circumstances, including, but not limited to, negligence, shall Mental Health Solutions, its officers, directors, employees, or agents be liable (jointly or severally) for any direct, indirect, special, incidental or consequential damages of any kind, including, but not limited to, loss of use, data, or profit, on any theory of liability, arising out of or in connection with the use or the inability to use the materials on the Sites, even if Mental Health Solutions or any Mental Health Solutions representative has been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent permitted by applicable law.
14. LINKS
The Sites may provide links to other World Wide Web Sites or resources not directly affiliated with Company. We have not reviewed these sites and is not responsible for the accuracy, content, privacy policies or availability of information found on sites that link to or from any Company Sites. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party sites that links to or from any Company Sites or third-party content on our Sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against Company with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Neither Company nor its affiliates, employees, directors, officers, or agents shall be liable for any damages, including but not limited to direct, indirect, incidental, consequential, or punitive damages arising out of your use of third-party material or third-party sites that are linked to the Sites. No link to the Sites may be framed to the extent that such frame contains any sponsorship, advertising, or other commercial text or graphics. Deep linking to internal pages of the Sites is expressly prohibited without prior written consent from Company.
15. YOUR USER ACCOUNT
If you use the Sites, you are responsible for maintaining the confidentiality of your user account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under eighteen (18) years of age, you may use our Sites only with involvement of a parent or guardian. Mental Health Solutions and its associates reserve the right to refuse service or terminate accounts in their sole discretion.
16. INDEMNITY
You agree to indemnify, defend, and hold harmless the Company, subsidiaries, and their directors, officers, employees, contractors, licensors, suppliers, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys (collectively, “Indemnitees”) harmless from and against any and all third-party suits, actions of any kind, claims, proceedings, damages, settlements, judgments, injuries (including death), liabilities, rights, obligations, losses, risks, costs, and expenses (including, without limitation, reasonable attorneys’ fees, litigation expenses, and accounting fees), relating to or arising from, or alleged to arise from: (1) your use of the Services or the Sites (including your use of materials or features available on the Sites); (2) any Content; (3) your connection to the Services; (4) your breach or violation of these Terms of Use; (5) your violation of any rights of another; and (6) your infringement of any intellectual property or privacy right of any person. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages, or expenses incurred as a result of any grossly negligent action or inaction of such Indemnitee.
17. DISPUTE RESOLUTION BY BINDING ARBITRATION; WAIVER OF RIGHT TO PARTICIPATE IN CLASS ACTION OR OTHER REPRESENTATIVE ACTION
a. Agreement to Arbitrate All Claims and Disputes With Company
This Section 17 of these Terms of Use is referred to herein as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and the Company whether arising out of or relating to this Terms of Use (including any alleged breach thereof), the Services, the Sites, any advertising, any Company products, or any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court of law, in accordance with the terms of this Arbitration Agreement. You agree that, by entering into these Terms of Use, You and the Company are each waiving the right to a trial by jury or to participate in a class action or other representative action with respect to any claims or disputes with or involving the Company. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
b. Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU EXPRESSLY AGREE THAT YOU MAY BRING CLAIMS AGAINST THE COMPANY ONLY VIA ARBITRATION AND ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION. YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY WAIVING AND FORFEITING (1) YOUR RIGHT TO A TRIAL BY JURY; (2) YOUR RIGHT (IF ANY) TO PURSUE CLAIMS VIA CLASS OR REPRESENTATIVE ACTION; AND (3) TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT, EXCEPT AS EXPRESSLY PROVIDED HEREIN.
c. Pre-Arbitration Dispute Resolution
It is our hope that most customer concerns are resolved quickly and to the customer’s satisfaction by emailing customer support at help@meetnirvana.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice should be sent to Mental Health Solutions at 148 Lafayette Street, Floor 3, New York, NY, 10013 (“Notice Address”). The Notice must (i) include your name, residence address, username (if applicable) and email address associated with your User account (if applicable), (ii) describe the nature and basis of the claim or dispute, and (iii) set forth the specific relief sought. If the Company and you do not resolve the claim within sixty (60) calendar days after the Notice is received by Company, you or the Company may commence an arbitration proceeding as set forth more fully herein. During the arbitration, the amount of any settlement offer made by the Company or you (if any) shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or the Company is entitled. Failure to follow the procedures set forth in this paragraphs shall constitute grounds for dismissal of any arbitration proceeding.
d. Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. Such Arbitration will only be on an individual basis as you have, as set forth more fully above, waived any right to request or otherwise have disputes with Company resolved on a class or representative basis. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Use as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Use and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
The arbitration hearing shall take place in the District of New Jersey, before a single arbitrator. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
e. Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, the Company will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, the Company will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.
f. Confidentiality
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
g. Severability
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms of Use will continue to apply.
18. GOVERNING LAW; VENUE; SEVERABILITY OF PROVISIONS
All matters arising out of or relating to these Terms of Use, including any issue or dispute arising out of or in connection with your use of our Sites, intellectual property, the Terms of Use, the Services, or any matter concerning the Company, shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction), and shall be venued in ARBITRATION in New York.
All parts of these Terms of Use apply to the maximum extent permitted by law. The Company and you both agree that if we cannot enforce a part of this contract as written, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce, to the extent permitted by law. The invalidity of part of these Terms of Use will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect. The Services are hosted in the United States and are intended only for users located in the United States. By using the Sites, you agree to comply with all applicable laws and regulations of the United States. The material provided on the Sites is protected by law including, but not limited to, United States copyright and trademark law and international treaties. Company makes no representation that materials contained in the Sites are appropriate or available for use in other locations and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Services or Sites from other locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws. You agree to comply with all laws and regulations applicable to your use of our Services.
Note also that information submitted by you to us may be transmitted to and shared with third parties located in other countries, in order to provide Services to you. These Terms of Use and any separate agreements whereby we provide you any Services shall be governed by and construed in accordance with the laws of New York, United States.
19. TRADEMARKS
The sites and all of their contents including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, and the collection, arrangement, and assembly of all content (collectively, “the Intellectual Property”) are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is the exclusive property of Company. You specifically acknowledge that this Agreement does not confer upon you any interest in or right to use any trademark or service mark of Company or its Affiliates, unless you first receive the prior written consent of Company, which Company may grant or withhold in its sole discretion.
20. COPYRIGHTS
The copyright in all materials provided on the Sites is owned by Company or its affiliate(s). Subject to the following exception, none of the material contained in the Sites may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of Company. Site visitors may only view, copy, print and download the materials on the Sites for personal, non-commercial use only, provided such materials are used for informational purposes only, and all copies, or portions thereof, include this copyright notice. We may revoke any of the foregoing rights at any time. Upon termination of any rights granted hereunder, you must immediately destroy any downloaded and printed materials. Any unauthorized use of any material contained on the Sites may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
21. TERMINATION
The Company reserves the right to terminate your access to the Sites or any of its Services if it determines that you do not comply with these Terms; provide false, inaccurate, or incomplete information during our registration process; engage in any conduct that would otherwise harm any of the Company’s rights or interests in its Sites, Services, or other property; or for any or no reason whatsoever without prior notice to you. Upon termination, you must cease use of the Services and Sites and destroy all materials obtained from such Sites and all copies thereof, whether made under these Terms or otherwise.
22. NO WAIVER
No waiver by Mental Health Solutions of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Mental Health Solutions to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
23. DIGITAL MILLENNIUM COPYRIGHT ACT
Mental Health Solutions reserves the right to remove any content or any other material or information available on or through our Sites, at any time, for any reason. Mental Health Solutions otherwise complies with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to Internet service providers (17 U.S.C. § 512, as amended), and responds to clear notices of alleged copyright infringement. This Section describes the procedure that should be followed to file a notification of alleged copyright infringement with Mental Health Solutions.
Notification of Claimed Copyright Infringement. If you have objections to copyrighted content or material made available on or through our Sites, you may submit a notification to our Designated Agent at the following address:
Akshay Venkatisubramanian
148 Lafayette Street
Floor 3
New York, NY 10013
info@meetnirvana.com
Any notification to Mental Health Solutions under 17 U.S.C. § 512(c) alleging copyright infringement must include the following information:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right being infringed;
• An identification of the copyrighted work or other intellectual property that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
• An identification of the content or material that you claim is infringing and where it is located on our Sites;
• Information sufficient for Mental Health Solutions to contact you, such as your address, telephone number, and/or email address;
• A statement by you that you have a good-faith belief that the use of the content or material of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
• A signed statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf.
24. ENTIRE AGREEMENT
This is the entire agreement between you and the Company relating to the Sites and this Agreement replaces all prior written or oral agreements that may have existed between us. You cannot transfer or assign your rights or obligations under this Agreement to anyone without our written permission. Our failure to enforce any provision of this Agreement does not waive our right to enforce the same provision in the future. The headings contained in this Agreement are for informational purposes only, but are not, themselves, enforceable provisions of this Agreement.
Questions? Concerns? Suggestions?
Please contact us at info@meetnirvana.com to report any violations of these Terms of Use or to pose any questions regarding this Terms of Use or the Service.
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