These TERMS AND CONDITIONS OF USE ("Terms of Use") concern the getallminds.com website and its subdomains (together with its pages and features, "Website") and mobile software application (together with its pages and features, "App"), as well as those certain products (“Products”) and services (“Services”) provided on, through or in relation to the Website and/or the App. These Terms of Use are made and entered into by and between you and Allminds, Inc. ("Allminds"). You and Allminds are sometimes referred to herein each as a "Party" and together as the "Parties." The terms “you” and “your” means you, your dependents if any, and any other person accessing your User Account.

Note, Allminds is not a medical group. Any telehealth consults obtained through our Website and/or App are provided by independent medical practitioners including, but not limited to, Peak Mental Health - Licensed Clinical Social Worker PC (collectively, “PMH”), an independent provider group with a network of United States based health care providers (each, a “Provider”). (See the Section below titled Supplemental Terms Applicable to Providers.) PMH (or your own medical provider if you do not use a PMH Provider) is responsible for providing you with a Notice of Privacy Practices describing its collection and use of your health information, not Allminds. If you do not agree to be bound by those terms, you are not authorized to access or use our Website or App, and you must promptly exit our Website or App.

THE DISPUTE RESOLUTION SECTION OF THIS AGREEMENT CONTAINS A MUTUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT REQUIRES YOU AND ALLMINDS AND/OR PMH TO RESOLVE DISPUTES WITH EACH OTHER ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. PLEASE REVIEW THE DISPUTE RESOLUTION SECTION OF THIS AGREEMENT CAREFULLY. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

The professional medical services (which are provided by your Provider) and the non-clinical Website or App services (which are provided by Allminds) are collectively referred to in this Terms of Use as the “Services”.

Your acceptance of, and compliance with, these Terms of Use is a condition to your use of the Website, App and Services and purchase of Products. By clicking “accept”, you acknowledge that you have read, understand, and accept all terms and conditions contained within these Terms of Use, the Notice of Privacy Practices provided to you by PMH, and our Privacy Policy. If you do not agree to be bound by these terms, you are not authorized to access or use the Website, App or Services; promptly exit the Website or App.

PMH Providers deliver clinical services via the Allminds platform to their patients. Allminds licenses the “Allminds” brand name to the independently owned and operated medical practices that use its platform and its administrative, business support, and other services. Providers are independently contracted or employed by the PMH. Providers are not contracted or employed by Allminds. The Providers, and not Allminds, are responsible for the quality and appropriateness of the care they render to you. Allminds and PMH do not provide any legal advice or representations in any way regarding any legal issues associated with advice, information, goods, or services offered by a Provider, including but not limited to any compliance obligations or steps necessary to comply with any state or federal laws and regulations.

The Providers are independent of Allminds and are merely using the Website and App as a way to communicate with you. Allminds does not own or have an ownership interest in PMH and PMH does not own or have an ownership interest in Allminds. Any information or advice received from a Provider comes from them alone, and not from Allminds. Your interactions with the Providers via the Website and App are not intended to take the place of your relationship with your regular health care practitioners or primary care physician. Neither Allminds, nor any of its subsidiaries or affiliates or any third party who may promote the Website and App or Service or provide a link to the Service, shall be liable for any professional advice obtained from a Provider via the Website and App or Service, nor any information obtained on the Website and App. Allminds does not recommend or endorse any specific Providers, tests, physicians, medications, products, or procedures. You acknowledge that your reliance on any Providers or information delivered by the Providers via the Website and App or Service is solely at your own risk and you assume full responsibility for all risks associated herewith.

Allminds does not make any representations or warranties about the training or skill of any Providers who deliver services via the Website and App or Service. You will be provided with available Providers based solely on the information you submit to the Website and App. You are ultimately responsible for choosing your particular Provider.

The content of the Website and App and the Services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by Allminds. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by Allminds, or in connection with any communications supported by Allminds, is intended to be for general information purposes only, and is in no way intended to create a Provider-patient relationship as defined by state or federal law. While Allminds facilitates your selection of, and communications with, Providers, Allminds does not provide medical services, and the doctor-patient relationship is between you and the PMH Provider you select.

The medical services, treatment, and care you receive may vary depending on the Provider you interact with. Please contact your Provider or PMH directly for any questions regarding your care or medical treatment.

Registration. To secure the right to access and use the membership pages of the Website or the App, you must create a personal user account with Allminds through the Website or the App ("User Account"), as well as further acknowledge your acceptance of and agreement to this Terms of Use and those additional terms, conditions and policies referenced herein, as Allminds may require from time-to-time. You may be required to satisfy certain conditions precedent imposed by Allminds (including, for example, providing additional information to Allminds, and entering into additional agreements with Allminds or PMH). You may only have one (1) User Account. A User Account is not transferable between individuals.

User Account Activity and Responsibility. You agree to fully, accurately, and truthfully create your User Account, including but not limited to your name, phone number, email address, and password, which become your Allminds ID and credentials. The Allminds ID or credentials are personal to you, and you are solely responsible for maintaining the confidentiality of your Allminds ID or credentials, and you are responsible for all activity that occurs under your User Account. You may not allow another individual or third party to access, use, or modify your User Account. You are responsible for maintaining the security of your User Account by way of keeping your login credentials secret to only yourself. You are also responsible for maintaining the completeness and accuracy of the contents of your User Account as this information is used by PMH to render appropriate medical care. Please contact Support (support@allminds.io) if you suspect that another individual or third party has gained access to your User Account.

These supplemental terms apply to Providers in addition to the other provisions of these Terms of Use. In the event of a conflict between the supplemental terms and any other terms herein, the supplemental terms shall prevail.

To be a healthcare provider using the Website and App (for purposes of this Section, “Provider” or “you”) you must be a licensed physician, nurse practitioner, or healthcare professional contracted or employed by PMH, and must agree to comply with all laws, medical board rules, and other rules and regulations applicable to you as a Provider or otherwise. Your relationship with the Allminds users (including, but not limited to, your PMH patients) is directly between you and the patient. The patient will never have a physician-patient relationship with Allminds. Allminds does not practice medicine and offers no medical services. As set forth more fully below, Provider is solely responsible for all agreements, consents, notices, and other interactions with patients and other consumers. Without limiting the generality of the foregoing, Provider and PMH are solely responsible for all billings and collections from patients and other consumers, and Allminds shall have no liability whatsoever to Provider with respect to any amounts owed by any patient or other consumer to Provider.

Allminds does not provide any medical advice, legal advice, or representations in any way regarding any legal or medical issues associated with Provider, goods, or services offered by Provider, including but not limited to any compliance obligations or steps necessary to comply with any state or federal laws and regulations. Provider should seek legal counsel regarding any legal and compliance issues, and should not rely on any materials or content associated with the Services in determining Provider’s compliance obligations under law. Provider and Allminds agree that Allminds is not providing to customers, patients, or anyone else, medical advice or legal advice. THE ALLMINDS WEBSITE, THE APP AND THE SERVICES ARE NOT MEANT TO SUBSTITUTE OR MODIFY YOUR PROFESSIONAL JUDGMENT IN ANY WAY.

Provider will use the Website, the App and Services only in accordance with applicable standards of good medical practice and applicable law. While software products such as the Website, the App and Services can facilitate and improve the quality of service that Provider can offer patients, many factors, including but not limited to the provider/patient relationship can affect a patient outcome, and with intricate and interdependent technologies and complex decision-making it is often difficult or impossible to accurately determine what the factors were and in what proportion they affected an outcome. Provider shall be solely responsible for its use of the Website, the App and Services, and the provision of medical services to Provider’s patients. In this regard, Provider releases Allminds and waives any and all potential claims against Allminds as a result of Provider’s use of the Website, the App and Services, and the provision of services to Provider’s patients.

As a result of the complexities and uncertainties inherent in the patient care process, Provider agrees to defend, indemnify and hold Allminds harmless from any claim by or on behalf of any patient of Provider, or by or on behalf of any other third party or person claiming damage by virtue of a familial or financial relationship with such a patient, which is brought against Allminds, regardless of the cause if such claim arises for any reason whatsoever, out of Provider’s use or operation of the Website, the App and Services. To the extent applicable, Provider will obtain Allminds’s prior written consent to any settlement or judgment in which Provider agrees to any finding of fault of Allminds or defect in the Website, the App or Services. Allminds will promptly notify Provider in writing of any claim subject to this indemnification, promptly provide Provider with the information reasonably required for the defense of the same, and grant to Provider exclusive control over its defense and settlement.

If you submit, upload, transmit, or post any consents, notices, advice, recommendations, comments, files, videos, images, or other materials to us or our Website and App (“Provider Content”) or provide any Provider Content to patients or other consumers, you agree not to provide any Provider Content that (a) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (c) contains or transmits a virus or any other harmful component. Provider is solely responsible for obtaining all necessary agreements and consents from, and providing all required notices to, patients and other consumers. You agree not to contact other users through unsolicited e-mail, telephone calls, mailings, or any other method of communication. You represent and warrant to Allminds that you have the legal right and authorization to upload all Provider Content at the Website and App. Allminds shall have a royalty-free, irrevocable, transferable right and license to use the Provider Content however Allminds desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from or sell or distribute such Provider Content or incorporate such Provider Content into any form, medium, or technology throughout the world. Allminds is and shall be under no obligation: (i) to maintain any Provider Content in confidence; (ii) to pay to you any compensation for any Provider Content; or (iii) to respond to any Provider Content.

Allminds does not regularly review Provider Content, but does reserve the right (but not the obligation) to monitor and edit or remove any Provider Content submitted to the Website and App. You grant Allminds the right to use the name that you submit in connection with any Provider Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Provider Content. You are and shall remain solely responsible for the content of any Provider Content you post to the Website and App or provide to patients or other consumers. Allminds and its affiliates take no responsibility and assume no liability for any Provider Content submitted by you or any third party.

You shall not use or permit any of your employees, agents, or affiliates to market, promote, or solicit Allminds Products or Services in ways that would violate the CAN-SPAM ACT, the TCPA or any other laws. You shall not: (a) infringe on the rights of others; distribute chain letters or unsolicited bulk electronic mail (“spamming”); (b) propagate computer worms or viruses; (c) use a false identity; (d) attempt to gain unauthorized entry to any Website, App or network; or (e) infringe copyrights, trademarks, or other intellectual property rights.

Third-Party Payment Processing Vendor. All credit card, debit card and other monetary transactions on or through the Website and the App – whether with Allminds or PMH – occur through online payment processing application that is provided by a third-party vendor(s). This information is accessible through the Website and the App. Such arrangements are contractual in nature and is not under the direct control of Allminds or PMH.

Payment Authorization and Obligations. By providing Allminds with your payment information, you hereby authorize, but under no obligation, Allminds to do the following as Allminds deems necessary: (a) share your payment information with Allminds, Inc, PMH, and any Allminds subsidiaries (henceforth “The Company”); (b) share your payment information with the third-party payment processing vendor(s) (see above); and (c) obtain your updated payment information from your payment issuer, the third-party payment processing vendor(s), and/or applicable third-party providers. You agree that you are responsible for all amounts that accrue under your account(s) with The Company, the third-party payment processing vendor(s), and/or other third parties on or through the Website and the App. This includes, but is not limited to, your subscription fees, unpaid invoices, overdraft charges, penalty fees, as well as payment validation fees (which consists of a temporary hold of $0.01 when updating payment information in order to facilitate the transaction and verify the validity of your payment method).

Refusal of Products and Services on Fraud. Allminds has the right to refuse its Products and Services (including, without limitation, the Website, the Apps, and any Products and Services offered by Allminds) on suspicion of fraudulent or illegal activity associated with your User Account. This includes, but is not limited to, stolen payment information or falsified medical information resulting in a prescription and subsequent medication by PMH.

Waiver of Claims and Unauthorized Payments. You agree to waive all claims against Allminds related to any unauthorized payments made on or through your account(s) with Allminds, Allminds’s’ third-party payment processing vendor(s), PMH or any other third parties and/or any other person or entity, regardless of whether such payments are authorized or unauthorized. However, you may submit a claim of the unauthorized payment to Allminds so that Allminds can conduct a reasonable investigation as it sees fit under the circumstances. If appropriate, Allminds was assist in correcting the alleged unauthorized payment, provided that such claim ("Unauthorized Payment Claim") is received by Allminds within thirty (30) days of the subject charge or payment.

Warranty of Payment Information. You represent and warrant to Allminds that (a) any provided payment information to Allminds is true, complete and accurate, (b) charges incurred by you will be honored by your credit/debit card company or bank, (c) you will pay the charges incurred by you in the amounts posted, including, without limitation, any applicable taxes, and (d) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information. If Allminds is unable to secure funds from the payment method you provide for any reason, including insufficient funds in the payment method or insufficient or inaccurate information provided by you when submitting electronic payment, Allminds may undertake further collection action, including application of fees to the extent permitted by law. You acknowledge and agree that you will not dispute the charges from Allminds with the payment method company, provided the transactions correspond to the terms indicated in these Terms of Use. You will promptly notify Allminds if your payment information has changed (e.g. a change in address or expiration date), if your payment method has been cancelled, or if you become aware of a breach of security.

Refunds. Except as required by applicable law, there are no refunds regardless of whether Services were utilized (including, but not limited to, Provider consultations, Provider visits, Provider virtual visits). All orders are final once booked.

Insurance. To the extent you have health insurance, and the Services are eligible for such insurance, you hereby authorize Allminds and/or PMH to collect payment and charge your credit card for copayments, coinsurance, and amounts resulting from your insurance deductible plus any amounts not covered by your insurance. You hereby authorize all such charges to be charged at once in a single charge.

Express Consent. Allminds and PMH are committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM ACT”) and the Telephone Consumer Protection Act (“TCPA”). You hereby expressly consent to receive text messages from us as set forth under the Section above, “Consent to Receive Calls and Text Messages and Video Recordings”. By giving such consent, you agree that no such communication shall violate the Telephone Consumer Protection Act, the CAN-SPAM Act, or any other applicable laws, rules, or regulations. Voice, SMS, and data fees apply. However, granting of this consent is not a condition for receiving Services from Allminds. Emails, newsletters, and text messages received from us are intended to fully comply with the CAN-SPAM ACT and the TCPA. In the event you receive an email or text message from us which you do not believe is fully compliant with the CAN-SPAM ACT or the TCPA, please contact us immediately at the address listed below under the section “Contact Us” below.

Allminds Short Code Program.

1. This program will notify you regarding your treatment plan and notify you of promotions and key offers of Allminds.

2. Carriers are not liable for delayed or undelivered messages

3. As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

4. If you have any questions regarding privacy, please read our privacy policy: https://getallminds.com/privacy

Communication Opt-Out. You may opt-out of receiving any of the above as described at any time by emailing us at support@allminds.io. Opting out may impact your receipt, the success, and/or the performance of Allminds’s paid Membership Services.

Prohibited Activities. You are prohibited from violating or attempting to violate the security of the Website or the App, including, without limitation: (a) the impersonation of any person or entity; (b) any act that infringes or otherwise violates the intellectual property, privacy or publicity rights of any person or entity (including, without limitation, the copyrights, trademarks, patents, and trade secrets held by Allminds or its licensors with respect to the Website or the App; (c) the reproduction or publication of the Website, the App or any data or content found thereon or therein, in whole or in part, or the creation of any derivatives works of the foregoing (unless expressly authorized by Allminds herein); (d) the use of any software, program, process, device, application or routine (e.g. robots, scrapers, spiders, viruses, spyware, and malware) to monitor, copy, disrupt, damage, injure, decrypt, interfere with the Website, the App, any servers which may host the Website or the App; (e) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access.You further agree not to: (i) access the Website and App or use the Services in any unlawful way or for any unlawful purpose; (ii) post or transmit (1) a message under a false name, or (2) any data, materials, content, or information (including, without limitation, advice, and recommendations) (collectively “Information”) which is (A) libelous, defamatory, obscene, fraudulent, false, or (B) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programing or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Website, the App or the Services, personal information, software, equipment, servers, or Information or facilitate or promote hacking or similar conduct; (iii) impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity; (iv) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Website, the App or the Services; (v) use robots or scripts with the Website or App; (vi) attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Website or App; (vii) to have any antivirus or antispyware software running that is set to override the internet browser’s cookies setting; (viii) incorrectly identify the sender of any message transmitted to Allminds; (ix) alter the attribution or origin of electronic mail, messages, or posting; (x) harvest or collect personal health information about any other individual who uses the Website, the App or the Services; and (xi) infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including but not limited to, such rights of third parties. You agree to defend, indemnify, and hold harmless Allminds, PMH, and the Providers from and against all third party claims, damages, and expenses (including, but not limited to, reasonable attorneys’ fees) against or incurred by us arising out of any User Materials you upload to or transmit through the Website and App or any breach of this Section. Violations of system or network security may result in civil or criminal liability. Allminds may investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

You represent, warrant and covenant to Allminds that: (i) you are a natural person and of eighteen (18) years of age or older, or otherwise the age of majority in your jurisdiction, (ii) you have read and understood this Terms of Use in its entirety, (iii) you have the full right and authority to enter into and abide by the terms and conditions of this Terms of Use, (iv) you understand and acknowledge that by accepting this Terms of Use you are giving up certain legal rights and remedies, (v) you voluntarily accept and agree to, and will fully comply with, the terms and conditions of this Terms of Use, and (vi) you will not violate any applicable international, federal, state or local laws which may concern the Website, the App, any servers which may host the Website or the App or any information, communications or content found on or through them.

Your use of the Website and the App is done at your own risk. The Website, the App, the success or performance of the Website or the App and all information, communications, content, features, Products and Services offered, sold and/or licensed on or through the Website and/or the App are provided to you on an "as is," "where is," "as available," and "with all faults" basis.

All descriptions, images, references, features, content, specifications, products, and prices of any Products or Services offered by Allminds (or possibly PMH) on or through the Website or the App are subject to change at any time and without notice to you. Any medical products are provided subject to all warnings, limitations, and restrictions published or provided by the manufacturer thereof.

Force Majeure. You understand and acknowledge that the Website and/or the App may be subject to limitations, delays and other problems inherent in the use of third-party communication networks and facilities that are outside of Allminds’s (or possibly PMH’s) control, and thus Allminds (or possibly PMH) will not be responsible for any delays, failures, or damages associated with the Website and the App which result from any system delays, downtimes, interruptions or other failures of or problems with the Website and/or the App which are outside of Allminds’s (or possibly PMH’s) control. We will not be deemed to be in breach of these terms or liable for any breach of these terms or our privacy policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, epidemic, pandemic, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, or other disaster.

Limitation of Liability. ALLMINDS SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF PMH OR THE PROVIDERS. ALLMINDS AND ANY THIRD PARTIES MENTIONED AND ANY OF ALLMINDS’ OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, TRUSTEES, ASSIGNS, TRANSFEREES, CONTRACTORS, VENDORS OR LICENSEES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LEGAL COSTS, ATTORNEY FEES, LOST PROFITS, REPLACEMENT COSTS OR REPAIR COSTS) WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) CAUSED BY OR ARISING FROM OR IN CONNECTION IN ANY WAY TO THE WEBSITE AND APP, SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE WEBSITE AND APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND APP, OR SERVICES IS TO STOP USING THE WEBSITE, APP OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF ALLMINDS TO YOU WITH RESPECT TO YOUR USE OF THIS WEBSITE AND APP IS $500 (FIVE HUNDRED DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES. THE DISCLAIMERS AND LIMITATIONS SET FORTH ARE NOT INTENDED TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE LIMITED OR ALTERED UNDER APPLICABLE LAW.

Release. You hereby release and hold harmless Allminds and Allminds’ officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors and licensees from and against all claims that you have or may have against them for infringement, violation of the rights of privacy or publicity, defamation, disparagement, personal injury, property damage, negligence and/or any other legal theory arising from or in connection with the Website, the App, the Products or Services offered or provided on or through the Website and/or the App and/or the rights and privileges granted or conveyed by you under this Terms of Use (including, without limitation, those rights and privileges relating to the User Materials and/or any elements, derivatives or marketing of the foregoing).

Indemnification. You agree to indemnify, defend, and hold harmless Allminds, PMH, and any affiliates and its and their officers, directors, employees, agents, subsidiaries, affiliates, licensors, and suppliers, harmless from and against any claim, actions, demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees ("Claims"), resulting from, or alleged to result from, (i) your violation of these Terms of Use or Privacy Policy, (ii) your use or misuse of the Website, the App, Products, Services or any information posted on the Website and App; (iii) the content or subject matter of any information you provide to Allminds, PMH, or any Provider or customer service agent; or (iv) any negligent or wrongful act or omission by you in your use or misuse of the Website, the App, Products, Services, or any information on the Website and App, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.

Completion of this document authorizes the use and disclosure of health information about you.

By clicking or opting in, I hereby authorize the disclosure to and from Peak Mental Health of all health information pertaining to my medical history, mental and/or physical condition, and treatment received, including demographic information, financial information (including but not limited to payment card information), and health plan benefits billing information for purposes of my care. This disclosure will include my mental health information, to the extent applicable.

Pursuant to this Authorization, my health information may be disclosed so that Peak Mental Health may provide treatment and services to me. Disclosure (for example, to a pharmacy) may also be made for the purposes of prescription fulfillment, related billing, and all activities related to such purposes. Disclosure may also be made for the purposes of Peak Mental Health obtaining reimbursement for the services provided to me, including billing, insurance claims submission, and all activities related to such purposes.

This Authorization is valid for five (5) years from the date hereof, or for the duration permitted under applicable state law, whichever is earlier.

I understand that, except to the extent that a lawful holder of my information has acted in reliance on this Authorization, I have the right to revoke this Authorization, in writing, at any time by sending such written notification to the entity disclosing my information.

I understand that information used or disclosed pursuant to this Authorization may be subject to redisclosure by the recipient of such information and may no longer be protected by Federal or State law. Neither the entity disclosing my information nor Peak Mental Health will condition my treatment on whether I provide authorization for the requested use or disclosure except as otherwise permitted by law.

I understand that I have the right to: inspect or copy the information to be used or disclosed as permitted under Federal or State law; refuse to authorize this Authorization; and receive a copy of this Authorization. I have read the above information and authorize the disclosure of my information for the purpose described herein.

By clicking or opting in, I acknowledge that I have read and agree to the terms of this Authorization.

Notice. Unless otherwise expressly stated in this Terms of Use, Allminds may give or deliver all other notices to you by means of a general notice posted on this or a similar page of the Website or the App, as applicable, by email to the email address associated with your User Account or by posting to your User Account, and shall be deemed effective as of their stated effective dates.

Severability. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between Allminds and you pertaining to the subject matter hereof.

Assignment. You may not assign, transfer, or delegate the Terms of Use or any part thereof without Allminds’s prior written consent. Allminds may freely transfer, assign, or delegate all or any part of the Terms of Use, and any rights or duties hereunder or thereunder. The Terms of Use will be binding upon and inure to the benefit of the heirs, successors, and permitted assignees of the Parties.

No Third Party Rights. Unless expressly stated in the Terms of Use to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you, Allminds, PMH, and their affiliates. Nothing in the Terms of Use is intended to relieve or discharge the obligation or liability of any third persons to you, Allminds, PMH, and its affiliates, nor shall any provision give any third parties any right of subrogation or action over against you, Allminds, PMH, and its affiliates.

Copyright/Trademark Information. Copyright ©2020 Allminds, Inc. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Website and App are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

Dispute Resolution. We will try to work in good faith to resolve any issue you have with the Website or App, including without limitation, Products and Services ordered or purchased through the Website or App, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction. You and Allminds agree that any dispute, claim, or controversy arising out of or relating in any way to these Terms of Use or your use of the Website and/or App, including without limitation, Products and Services ordered or purchased through the Website and/or App, shall be determined in accordance with the laws of the State of California, without consideration of any choice of law or conflict of law principles. YOU AND ALLMINDS AND/OR PMH MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY CLAIM OR DISPUTE AGAINST EACH OTHER ON AN INDIVIDUAL BASIS IN ARBITRATION. This will prohibit you from bringing any class, collective, or consolidated action against Allminds and/or PMH, and will also prohibit you from participating in or recovering relief under any current or future such actions brought against Allminds and/or PMH by someone else. Arbitration is more informal than a lawsuit in court: there is no judge or jury in arbitration; discovery in arbitration may be more limited than discovery in litigation; and court review of an arbitration award is limited. This agreement to arbitrate (“Arbitration Agreement”) also applies to claims between you and any Providers, and such Providers will be considered intended third party beneficiaries of this Arbitration Agreement.

You and Allminds and/or PMH agree that any dispute, claim, or controversy, whether based on past, present or future events, arising out of or relating to: this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof); the Website and/or App; any content currently or previously available on or through the Website and/or App; any Products or Services; your relationship with Allminds and/or PMH; your user data; the threatened or actual suspension, deactivation, or termination of your Account or this Agreement; payments made by you or any payments made or allegedly owed to you; any promotions, benefits, or other offers; and any other federal and state statutory and common law claims (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction (which shall be exclusively in the state or federal courts located in San Francisco, CA) to prevent the actual or threatened infringement, misappropriation or violation of a party’s data or copyrights, trademarks, trade secrets, patents or other intellectual property rights. All disputes concerning the arbitrability of a Dispute (including disputes about the scope, applicability, enforceability, legality, revocability, or validity of the Arbitration Agreement) will be decided by the arbitrator, except as expressly provided herein.

YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOU AND ALLMINDS AND/OR PMH ARE EACH WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ANY AND ALL DISPUTES, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT.

You acknowledge and agree that you and Allminds and/or PMH are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class, collective, or consolidated proceeding. Further, unless you and Allminds and PMH otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class, collective, consolidated or representative proceeding.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Agreement. The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879 or any subsequent applicable telephone number. The Federal Arbitration Act (“FAA”) will govern the interpretation and enforcement of this Arbitration Agreement. It is your and Allminds’s and/or PMH’s intent that the FAA and AAA Rules will preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue will be resolved under the laws of the State of California. This Agreement governs to the extent it conflicts with the AAA Rules or FAA.

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The AAA provides a form Demand for Arbitration and a separate form for California residents at adr.org. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Unless you and Allminds and PMH otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Allminds and PMH submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The prevailing party in arbitration will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.

Please direct any questions you may have about the Website, the App or this Terms of Use to any one of the following:

- By mail: Allminds, Inc., attn.: Support, 5030 Palmetto Avenue, Pacifica, CA 94044.

- By email: hello@allminds.io

- The foregoing contact information may change from time-to-time by supplementation, amendment or modification of this Terms of Use.

The Select Third Parties, as defined above, are not responsible for providing support for the application portions of the Website and App and may not be contacted for support.