Client Terms of Service

Last Modified: March 3, 2016

  1. The Platform

Mind InFormation, LLC (the “Company,” “we” or “us”) maintains the websites located at www.lexercise.com, app.lexercise.com and support.lexercise.com (together with all related domains, the “Website”) pursuant to which we provide an integrated instructional platform for the identification and treatment of dyslexia and other similar learning difficulties (including the Website and all functionality, software, content and services made available thereon, the “Platform”). The Platform aims to provide an integrated technology platform that enables parents who have registered for the Platform (each, a “Guardian”) to work with their child (each, a “Child User,” and together with their associated Guardian, “Clients”) to overcome learning difficulties by providing information, tools and exercises and by facilitating interactions with registered teletherapy partners (each, a “Therapist”). As used in this agreement, “Guardian” also includes any other legal guardian or entity representative who has custody or control over a Child User and who uses the Platform to supervise a Child User’s use of and interactions with the Platform.

  1. Acceptance of the Client Terms of Service.

The following terms and conditions (“Client Terms of Service”) govern your access to and use of the Platform and form a binding agreement between you and us. Please read these Client Terms of Service carefully before you start to use the Platform.

BY USING THE WEBSITE, OR BY REGISTERING FOR THE PLATFORM (INCLUDING, IF APPLICABLE, CLICKING TO ACCEPT OR AGREE TO THESE CLIENT TERMS OF SERVICE WHEN THE OPTION IS MADE AVAILABLE TO YOU): (A) IF YOU ARE ACCEPTING THESE CLIENT TERMS OF SERVICE IN YOUR INDIVIDUAL CAPACITY, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE CLIENT TERMS OF SERVICE AND REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER OR OTHERWISE HAVE THE LEGAL CAPACITY TO ENTER INTO A BINDING AGREEMENT AND THAT YOU ARE LEGALLY BOUND BY THESE CLIENT TERMS OF SERVICE; AND (B) IF YOU ARE ACCEPTING THESE CLIENT TERMS OF SERVICE ON BEHALF OF A CHILD USER, YOU ACKNOWLEDGE THAT YOU ARE SUCH CHILD USER’S PARENT OR LEGAL GUARDIAN, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE CLIENT TERMS OF SERVICE, AND YOU REPRESENT THAT YOU ARE CAPABLE OF ENTERING INTO BINDING AGREEMENTS ON SUCH CHILD USER’S BEHALF. IF YOU DO NOT AGREE TO THESE CLIENT TERMS OF SERVICE, DO NOT USE THE WEBSITE OR OTHERWISE REGISTER TO ACCESS AND USE THE PLATFORM.

If you are registering to access and use the Platform as a Therapist, your access to and use of the Platform is subject to the separate Lexercise Therapist Terms of Service.

  1. Changes to the Client Terms of Service.

We may revise and update these Client Terms of Service from time to time in our sole discretion. Changes are effective immediately when we post them, but are not retroactive. We will endeavor to notify Guardians of these changes by e-mail, but will not be liable for any failure to do so. Your continued use of the Platform following the posting of revised Client Terms of Service means that you accept and agree to the changes. If any future changes to these Client Terms of Service are unacceptable to you or cause you to no longer be in compliance with these Client Terms of Service, you must immediately stop using the Platform. You must check this page frequently so that you are aware of any changes, and immediately discontinue access or use of the Platform if you do not want to agree to the revised Client Terms of Service.

  1. Collection and Use of Your Information.

All information we collect via the Platform is subject to our Privacy Policy, which is available at https://www.lexercise.com/about/legal/client-privacy. BY USING THE WEBSITE, OR BY REGISTERING TO ACCESS AND USE THE PLATFORM, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY OUR PRIVACY POLICY. If you do not agree to our Privacy Policy, you must not provide us any Personal Information (as defined in our Privacy Policy).

  1. Users Outside of the United States.

The Platform is hosted in the United States and is provided from the United States. It is possible that certain information will be stored on servers in multiple other countries on the “cloud” or other similar distributed hosting platforms. If you are accessing the Platform from the European Union, Asia or any other region with laws governing personal data collection, use, and disclosure that differ from United States laws, you are expressly and knowingly consenting to the transfer of your personal information to the United States and other jurisdictions as indicated above, and to our use of your personal information in accordance with our Privacy Policy. If you are accessing the Platform from anywhere outside of the United States, you are required to refer to our additional “International User Privacy Disclosure” https://www.lexercise.com/about/legal/privacy-international-users and to click “I AGREE” when the option is presented to you before you will be permitted to provide your Personal Information to us via the Platform.

  1. Accessing the Platform and Account Security.

We reserve the right to update, alter, enhance, amend or otherwise change the Platform (including, without limitation, the design, look and feel, functionality, content, material, information and/or services provided via the Platform), in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Platform.

As a “guest,” you may view, visit and browse through certain publicly-accessible areas of Website. However, in order to access the full Platform and the resources it offers, you will be asked to provide certain account registration details, payment information and other information. You must provide information that is correct, current and complete. You agree that all information you provide to register with the Platform or otherwise, including but not limited to through the use of any interactive features and functionality on the Platform, is governed by our Privacy Policy https://www.lexercise.com/about/legal/client-privacy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You acknowledge that your account is personal to you and agree not to provide any other person with access to the Platform or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion if, in our opinion, the continued use of that user name, password or other identifier would be inappropriate.

Accessing the Platform without proper user name and password is strictly prohibited, constitutes a breach of these Client Terms of Service resulting in the immediate termination of your right to use the Platform, and may violate copyright, trademark and other laws.

  1. Intellectual Property Rights.

The Website and the Platform and their entire contents, features and functionality (including but not limited to all information, instructional materials, exercises, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by us, our licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Client Terms of Service permit you to use the Platform for your personal, non-commercial use only.

Your computer may temporarily store copies of the materials available via the Website or Platform incidental to your accessing and viewing those materials, and your Web browser may store files that are automatically cached for display enhancement purposes. You must not otherwise reproduce, distribute, modify, edit, create derivative works of, publicly display, publicly perform, republish, reverse engineer, decompile, download, store or transmit any of the material on the Website or Platform, except as follows:

  • You may print or download one copy of a reasonable number of pages of the publicly-accessible areas of the Website, including the Lexercise homepage and blog, which are available to guests for personal, non-commercial use and not for further reproduction, publication or distribution.
  • Certain landing pages, progress monitoring reports and instructional materials available via the Platform, such as written guides for using the Platform’s web-based tools or instructional videos used to reinforce lessons between teletherapy sessions (“Instructional Materials”), are accessible only to registered users of the Platform. If we choose to provide you with access to Instructional Materials via the Platform, you may print or download one copy of the Instructional Materials for your own personal, non-commercial use and not for further reproduction, public display, publication or distribution.
  • Certain interactive online games, practice exercises, activities, and progress-tracking tools available via the Platform (“Interactive Learning Features”) are accessible only to registered users of the Platform. If we choose to provide you with access to any Interactive Learning Features via the Platform, you may access and use such Interactive Learning Features only as they are provided to you on the Platform and for your own personal, non-commercial use in connection with your use of the Platform and not for further downloading, reproduction, publication or distribution.
  • You may print or download a reasonable number of copies of these Client Terms of Service for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

Other than as expressly provided elsewhere in this section, you must not modify copies of any materials from the Website or the Platform nor use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text. You must not copy, modify, use or attempt to use any of the web-based tools provided through the Platform, such as the scheduling tool or the activity planning tool, except in the form that such tools are specifically provided to you via your authorized use of the Platform. You must never delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website or the Platform. If you wish to obtain consent to use of material available via the Website or Platform other than as set out in this section, please submit your request for approval to info@lexercise.com.

If you access, print, copy, modify, download or otherwise use or provide any other person with access to any part of the Platform in breach of the Client Terms of Service, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of any materials you have made. No right, title or interest in or to the Platform or any content on the Platform is being transferred to you, and all rights not expressly granted are reserved by us. Any use of the Platform not expressly permitted by these Client Terms of Service is a breach of these Client Terms of Service and may violate copyright, trademark and other laws.

  1. Trademarks.

The Lexercise name, the Company’s stylized “LEXERCISE” logo and all other names, logos, product and service names, designs and slogans used as trademarks by us on the Website and the Platform are trademarks of the Company or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on the Platform, including those of International Dyslexia Association, Learning Ally, the Dyslexia Services Foundation, the Donegan Burns Foundation, Home Educators Resource Directory, Better Business Bureau and Digicert are the trademarks of their respective owners. You must not use such marks without the prior written permission of the owner of such marks.

  1. Copyright Infringement / DMCA Policy.

We take claims of copyright infringement seriously and will respond to notices of alleged copyright infringement that comply with applicable law. If you believe that any materials available on the Platform, including any User Contributions, violate your copyright, please see our Copyright Infringement / DMCA Policy https://www.lexercise.com/about/legal/copyright-dmca for instructions on sending us a notice of copyright infringement. It is our policy to terminate the user accounts of repeat infringers.

  1. Prohibited Uses.

You may use the Website and the Platform only for lawful purposes and in accordance with these Client Terms of Service. Specifically, you agree not to use the Website or Platform:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or that may harm the Company or users of the Platform or expose them to liability.

Additionally, you agree not to use the Website or the Platform in any manner that could disable, overburden, damage, or impair the Website or the Platform or interfere with any other party’s use of the Website or Platform, including their ability to engage in real time activities through the Platform. Without limitation, you must not:

  • Use any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful or attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform.
  • Cause the Website or the Platform or portions of it to be displayed, or appear to be displayed by framing, deep linking or in-line linking on any other site.
  1. Lexercise Guarantee.

We provide a one-time, limited guarantee of success for each Child User that uses the Platform (the “Lexercise Guarantee”). The Lexercise Guarantee is subject to the terms and conditions detailed here https://www.lexercise.com/about/legal/guarantee.

  1. Facilitation Tool.

The Platform is solely a communications, payment and workflow management facilitation tool that enables connections between Guardians, Child Users and Therapists. We do not take part in the interactions between Clients and Therapists. We are not responsible for such interactions. You are solely responsible for such interactions. We are not engaged in the business of selling any consumer goods or products to Clients or Therapists; our business is solely the provision of the content and services made available to registered users of the Platform. We are not a party to any relationship or contract between Clients and Therapists, except for our role as the limited authorized agent acting on behalf of the applicable Therapist for the purpose of accepting payments from Clients on behalf of the applicable Therapist and transmitting such payments to the applicable Therapist. We are not responsible for any such contracts or proposals that you may upload to the Platform other than making such contracts or proposals available for review and signature (including e-signature) as authorized by you. All such dealings are solely between Clients and Therapists.

We will endeavor to use reasonable efforts to vet and to validate the qualifications of Therapists who wish to register for the Platform, including by (1) requiring each individual Therapist to pass a qualification examination, (2) requiring each individual Therapist to provide documentation of their relevant education and experience, (3) requiring each individual Therapist to have earned at least 100 hours of practical experience serving clients with dyslexia or other similar learning difficulties, and (4) engaging in on-going review of Client feedback regarding such Therapists. Beyond this, and except to the extent provided for in the Lexercise Guarantee described above in Section 11, we cannot and do not control, are not responsible for, and make no representations regarding (i) the quality, timing, availability for scheduling, suitability, reliability, safety, or legality of any services advertised or promoted by Therapists, (ii) the truth or accuracy of any advertisements or promotional materials supplied by Therapists, (iii) the skills, talents, experience and/or qualifications of Therapists, or (iv) whether any service offered by Therapists will meet a particular Child User’s requirements. The availability of any Therapist to provide teletherapy services on the Platform does not imply our endorsement of such services for the unique needs of a particular Child User.

Reviews and testimonials are solely the opinions of the Clients that post them, and no reviews or testimonials contain or reflect any opinions or views of the Company.

IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE THERAPISTS, YOU HEREBY AGREE TO RELEASE US (AND ALL OF OUR OFFICERS, DIRECTORS, AGENTS, INVESTORS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

  1. Reliance on Information Posted.

The information presented on or through the Website and the Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information, and any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Website or the Platform, or by anyone who may be informed of any of its contents.

The Platform may include content provided by third parties, including materials provided by Therapists, non-profit or educational organizations and foundations, or other users of the Platform. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinions. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

  1. Sessions.

(a)      Sessions. Each “Session” will typically take place over a week-long period and will typically consist of (i) one (1) one-on-one video-conference teletherapy session with your Therapist and attended by both a Guardian and a Child User, and (ii) a series of online practice exercises and other activities as assigned by the Therapist and for the Child User and/or Guardian to complete.

(b)       Preparation for Sessions. If you are a Guardian, you understand that it is your responsibility to:

(i)        Prior to providing to us or to your Therapist any Personal Information about yourself or your Child User, review our Privacy Policy and indicate your agreement to such Privacy Policy by clicking “I AGREE” on the Parental Notice and (if applicable) International User pop-ups when they are presented to you.

(ii)       At least three (3) business days prior to your first Session, enter into a written service agreement with your Therapist outlining the terms and conditions of your relationship with your Therapist (“Service Agreement”).

(iii)      Ensure the technology you use for video-conference teletherapy sessions (including your computer, internet connectivity, etc.) is adequate. More information about the Platform’s technology requirements and setting up such technology is available here, in our Technology Checklist https://www.lexercise.com/about/legal/technology.

  1. Fees and Payments.

In exchange for access to and use of the Platform, you agree to promptly pay all Session Charges (as defined below) or One-Off Charges (as defined below) as you incur them, subject to the terms and conditions of this Section 15.

(a)        Managing Payment Information.

To make payment of any fees or charges you incur while using the Platform, you will be asked to provide at least one valid credit card, debit card, or other method of payment (your “Payment Account”). If you are a Guardian, it is your responsibility and obligation to provide accurate information pertaining to your Payment Account and to keep all such information current. By providing any payment information to us, you represent and warrant to us that you are authorized to use the payment instrument you provided to us.

If you are a Guardian, it is your responsibility to ensure your Payment Account has sufficient funds. We are not responsible, and Therapists are not responsible, for bank or credit card fees associated with an overdraft on your Payment Account.

(b)       Session Charges. The cost for a set of four (4) Sessions (a “Session Set”) will be set by agreement between you and your Therapist (“Session Charges”). You will be billed for Session Charges in one of three ways:

(i)        Initiating Sessions. When you first register for the Platform and are assigned a Therapist to work with, one Session Set will be added to your account and your Payment Account will be billed for the applicable Session Charges.

(ii)       Manual Pre-Payment of Session Charges. You may manually choose to pre-charge your Payment Account for as many Session Sets as you wish. When you select and pay for additional Session Sets, those Session Sets will be added to your account for your future use.

(iii)      Automatic Payment of Session Charges. Once you initiate Sessions, you will automatically be billed for an additional Session Set after using the last Session in your Child User’s account. You may stop these recurring charges at any time by following the procedures for terminating Sessions noted in Section 15(e) below (“Terminating Sessions”).

(iv)      Non-Transferability. Purchased Sessions may not be transferred from one Child User to another Child User.

(c)        One-Off Charges. You and your Therapist may arrange for payment for one-time expenses for items such as books, other instructional materials or additional consultation sessions as specifically agreed in writing in an agreement between you and your Therapist (“One-Off Charges”). All One-Off Charges will be facilitated and processed through the Platform, and your Payment Account will be billed for such One-Off Charges.

We may also charge you certain $25 processing fees, as described in Section 15(d) below (“Terms of Payment”).

(d)       Terms of Payment.

All Session Charges and One-Off Charges are due immediately when incurred. Payment will be made for any fees or charges you incur, including Session Charges, by charging the Payment Account you have provided. You will be sent an e-mail receipt itemizing all charges each time your Payment Account is charged. If your primary Payment Account is determined to be expired, invalid, or otherwise unable to be charged, you agree that we may use a secondary Payment Account you have provided, if available.

ALL PURCHASES OF SESSION SETS ARE FINAL; NO REFUNDS WILL BE PROVIDED FOR SESSION SETS YOU HAVE ALREADY PAID FOR, UNLESS OTHERWISE AGREED BY THE COMPANY IN WRITING.

In certain cases we will process a refund of Session Charges if directed to do so in writing by the applicable Therapist. Additionally, if you dispute any Session Charges, including if you believe a Therapist has failed to cancel recurring Session Charges despite your request for the Therapist to do so, you must contact the Therapist directly to resolve such disputes or discrepancies, and your claim must be in writing and be made within fifteen (15) days of such charges being billed to your Payment Account. If you contact us in regards to such disputes, as a courtesy we will use reasonable efforts to relay your communication to the applicable Therapist and will process a refund on your behalf if we receive no response from the Therapist within ten (10) days or if the Therapist confirms in writing that such Session Charges should be refunded. If the dispute or discrepancy is not resolved in this manner (i.e., the Therapist disputes your claim), you understand that it is your responsibility, and not our responsibility, to contact the Therapist to attempt to attempt to resolve such dispute. You understand that, because we are not a party to the relationship between Clients and Therapists, we are not responsible for mediating or resolving disputes between Clients and Therapists.

If you dispute any One-Off Charges you must contact the Therapist directly in writing and within fifteen (15) days of such charges being billed to your Payment Account.

All payments processed via the Platform will be encrypted and transmitted securely using Secure Sockets Layer (SSL) technology through a reputable third-party payment processor.

If you are a Guardian, you also understand that you are responsible for a $25 processing fee if (i) we have to make any reimbursement as a result of your failure to terminate Session Sets in a timely manner, (ii) you take a break between Session Sets and wish to re-initiate your subscription, (iii) you request certain additional services beyond those customarily provided (e.g., special receipts, letters, memos, or additional technology checks) from us.

(e)        Terminating Sessions. To terminate recurring Session Sets and the automatic payment of Session Charges noted in Section 15(b)(iii) above, you must either (i) provide advance written notice to the applicable Therapist prior to the start of the first day of the final Session in your Session Set, or (ii) carry out the steps of whatever alternate manner of termination that you and such Therapist have agreed upon in writing in your Service Agreement. In either case, the Therapist will be responsible for terminating the recurring Session Sets on your behalf. Your termination of a recurring Session Set will not relieve you of any already existing obligation you have to submit payment for fees and charges, including Session Charges and One-Off Charges. Any disputes over the timely termination of recurring Session Charges are solely between Clients and Therapists and we are not party to such disputes. If you contact us with respect to such disputes we will handle it in the manner described in Section 15(d) above (“Terms of Payment”).

(f)        No Outside Payments. All applicable Session Charges, One-Off Charges, and any other charges or fees associated with your use of the Platform must be paid through the Platform using the payment system that has been provided to you by us. You are prohibited from attempting in any way to avoid paying any such charges or fees by making payment outside of or apart from the Platform.

  1. Links to Other Sites.

If the Website or Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the linked third party websites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

  1. Use of Video-Conferencing Software. Video-conference teletherapy sessions will take place using a software of the Therapist’s choosing, typically WebExTM or SkypeTM. It is your responsibility to comply with the terms of use of such software.
  1. Disclaimer of Warranties.

We cannot and do not guarantee or warrant that files available for downloading from the Internet, Website or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE AND THE PLATFORM IS AT YOUR OWN RISK. THE WEBSITE AND THE PLATFORM (INCLUDING, WITHOUT LIMITATION, ANY SERVICES OBTAINED THROUGH IT) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR THE PLATFORM (INCLUDING, WITHOUT LIMITATION, ANY SERVICES OBTAINED THROUGH IT). WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE OR THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM (INCLUDING, WITHOUT LIMITATION, ANY SERVICES OBTAINED THROUGH IT) WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES AND WARRANTY OR REPRESENTATION WITH RESPECT TO (A) THE QUALITY, TIMING, AVAILABILITY FOR SCHEDULING SUITABILITY, RELIABILITY, SAFETY, OR LEGALITY OF ANY SERVICES ADVERTISED, PROMOTED OR MADE AVAILABLE BY THERAPISTS, (B) THE TRUTH OR ACCURACY OF ANY ADVERTISEMENTS OR PROMOTIONAL MATERIALS SUPPLIED BY THERAPISTS, (C) the skills, talents, experience and/or qualifications of THERAPISTS, OR (D) WHETHER ANY GOOD OR SERVICE OFFERED BY A THERAPIST WILL MEET A PARTICULAR CHILD USER’S REQUIREMENTS.

EXCEPT AS EXPRESSLY PROVIDED IN SECTION 11 OF THESE CLIENT TERMS OF SERVICE, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Limitation on Liability.

EXCEPT AS EXPRESSLY PROVIDED IN SECTION 11 OF THESE CLIENT TERMS OF SERVICE, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE OR THE PLATFORM, ANY CONTENT ON THE WEBSITE OR THE PLATFORM, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM. THIS DISCLAIMER INCLUDES ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR SERVICE PROVIDERS, LICENSORS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY CLAIMS, DEMANDS, DAMAGES (ACTUAL OR CONSEQUENTIAL) OF ANY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SERVICE AGREEMENT BETWEEN A CLIENT AND A THERAPIST AND/OR ANY DISPUTE BETWEEN A CLIENT AND A THERAPIST.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Indemnification.

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (i) your violation of these Client Terms of Service, (ii) your use of the Platform, including, but not limited to, any use of the Platform’s content, services and products other than as expressly authorized in these Client Terms of Service, or (iii) your violation of the rights of any third party, including Therapists.

  1. Governing Law and Jurisdiction.

All matters relating to the Platform and these Client Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction).

Any legal suit, action or proceeding arising out of or related to these Client Terms of Service or the Platform shall be instituted exclusively in the federal courts of the United States in North Carolina, or the courts of the State of North Carolina, except that we retain the right to bring any suit, action or proceeding against you for breach of these Client Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

  1. Limitation on Time to File Claims.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE CLIENT TERMS OF USE OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

  1. Waiver, Severability, and No Third Party Beneficiaries.

No waiver by the Company of any term or condition set forth in these Client Terms of Service 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 of the Company to assert a right or provision under these Client Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Client Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Client Terms of Service will continue in full force and effect. These Client Terms of Service do not and are not intended to confer any rights or remedies upon any person other than you.

  1. Entire Agreement.

The Client Terms of Service, our Privacy Policy and any other documents referenced directly herein constitute the sole and entire agreement between you and the Company with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform.