MindLogger Website and Application Terms of Use

These Terms of Use are entered into by and between you and Child Mind Institute, Inc. (“CMI”, “we” or “us”), and, together with our Privacy Policy, available at https://childmind.org/privacy/, set forth the terms and conditions (collectively, “Terms”) that apply when you access and use our website, available at https://mindlogger.org/ (the (“Site”) or download, access and utilize CMI’s MindLogger application from the Google PlayStore or the Apple App Store, or online at web.mindlogger.org (collectively, the “App”).  By using or accessing the Site or the App you agree to these Terms, as may be updated from time to time in accordance with Section ‎‎10 below.  If you do not want to agree to these Terms, you must not access or use the Site or the App. 

These Terms state that any disputes between you and us must be resolved in arbitration, pursuant to the dispute resolution clause set forth in Section ‎15.

  1. Acceptance.  To use the Site or App you must (i) be at least eighteen (18) years of age, or, if you are under 18 years of age, you must access and use the Site or the App with the consent of your parent or legal guardian; (ii) have not previously been suspended or terminated from the Site or the App; and (iii) access and use the Site or the App in accordance with these Terms and in compliance with any and all applicable laws and regulations.

  2. Account Registration.   To access some features of the App, you may be required to register for an account.  When you register for an account, we may ask you to give us certain identifying information about yourself, including your name, phone number, email address or other contact information, or to create a username and password (“Registration Information”). We will store your Registration Information in encrypted form.  When registering for and maintaining an account, you agree to provide true, accurate, and current information about yourself.  You also agree not to impersonate anyone, misrepresent any affiliation with anyone, use false information or otherwise conceal your identity from us for any purpose.  

    You are solely responsible for maintaining the confidentiality and security of your password and other Registration Information.  For your protection and the protection of other users, we ask you not to share your Registration Information with anyone else.  If you do share this information with anyone, we will consider their activities to have been authorized by you.  If you have reason to believe that your account is no longer secure, you must immediately notify us at [email protected]. 

    As further described in Section ‎9, we have the right to disable any account, user name, password or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.  

  3. Prohibited Conduct.  You agree not to:

    1. Use the Site or the App for any deceptive, fraudulent, harassing or other illegal purpose, or in violation of any local, state, national, or international law;

    2. Violate or encourage others to violate our rights or the rights of third parties, including intellectual property rights;

    3. Post or upload any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate;

    4. Interfere in any way with security-related features of the Site or the App;

    5. Alter, modify, delete or otherwise interfere with or in any manner compromise any content, data and/or features accessible through the Site or the App, including, without limitation, by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or attempting to collect personal information about third parties without their consent;

    6. Access, monitor or copy any content or information of the Site or the App using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission;

    7. Perform or conduct any fraudulent activity, including impersonating any person or entity, claiming false affiliations, accessing the accounts of other users without permission, or falsifying your identity or any information about you, including age or date of birth; or

    8. Sell or otherwise transfer the access granted herein, including by permitting anyone other than your authorized representatives or, in the event you are under the age of thirteen (13) your parent or legal guardian, to use your Registrant Information to gain access to the App.

  4. Reliance on Information Posted.  The contents of the Site or the App, including text, graphics, images, videos and other materials included in the Site or the App, whether created by us, third party institutions or providers that we may partner with from time to time (“Partner Institutions”) or any other providers of such material, or any other information, messages, comments, posts or other data made available in the Site or the App (collectively, the “CMI Content”), are for informational purposes only.  CMI Content is not, and should not be interpreted to be, a substitute for consultation, evaluation or treatment by qualified healthcare professionals.  We do not warrant the accuracy, completeness, or usefulness of the CMI Content, and the CMI Content should not be relied upon by you when making medical decisions or to diagnose or treat a medical or health condition without consultation from your physician or other qualified healthcare provider.  You represent to us (which representation shall be deemed to be made each time you use the Site or the App) that you are not using the Site or the App for the purpose of seeking medical attention or treatment directly from the Site or the App.  You should consult your physician or other qualified healthcare provider before adopting any advice or suggestions that may be available on the Site or the App.  Reliance on CMI Content is solely at your own risk.  We specifically disclaim all responsibility for any liability, loss or risk, personal or otherwise, that is incurred as a consequence, directly or indirectly, of the use of the Site, the App or the CMI Content.

    DISCLAIMER: NEITHER THE SITE NOR THE APP IS DESIGNED TO PROVIDE AND SHOULD NOT BE INTERPRETED AS PROVIDING MEDICAL, HEALTHCARE OR CLINICAL ADVICE.  ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING YOUR HEALTH.  NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU READ ON THE SITE OR THE APP.  

    NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP BETWEEN YOU AND CMI IS CREATED BY USING THE INFORMATION AND/OR SERVICES PROVIDED BY OR THROUGH THE USE OF THE SITE OR THE APP OR THROUGH ANY OTHER COMMUNICATIONS FROM US.

  5. Third Party Content.  The Site or the App may contain applets, text, graphics, images, videos and other materials provided by third parties, such as our Partner Institutions, as well as links to third party websites, mobile applications and/or services.  We provide access to such third-party materials and links as a convenience, and do not control or endorse these mobile applications, websites and/or services.  You acknowledge and agree that we have not reviewed the content, advertising, products, services, or other materials that appear on such third party mobile applications, websites and/or services, and are not responsible for the legality, accuracy, or appropriateness of any such content, and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance upon any such third party mobile applications, websites and/or services.

  6. Intellectual Property.  The Site, the App and the entirety of the contents and features therein (including the CMI Content and all other information, text, images, video, audio and designs, and the collection and arrangement of any of the foregoing) are owned by us, our licensors (including our Partner Institutions) or other providers of such material, and are protected by applicable U.S. and international copyright, trademark, patent, trade secret and other intellectual property laws.  No such materials from the Site or the App may be copied, reproduced, republished, uploaded, posted, publicly displayed or performed, downloaded, transmitted, or distributed in any way without our express permission, except as may be required for you to access and view the Site or the App.

    You may not access or use the Site or the App for any commercial purposes, modify copies of any content or features from the Site or the App, or delete or alter any copyright, trademark, or other proprietary rights notices from copies of content or features from the Site or the App.  Any use of the Site or the App not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.  We intend to vigorously enforce our rights, including our intellectual property rights.  

    All of the Site and App’s software is proprietary to us, our licensors, or other providers, and any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation, other reduction to human-readable form, or other exploitation in any manner, of such software is prohibited.

    Our name, the terms “Child Mind Institute”, “CMI”, “MindLogger,” our logo, and all other names, logos, product and service names, designs, and slogans we use are trademarks of us, our affiliates or licensors.  You must not use such marks without our prior written permission.

  7. Feedback.  We welcome your ideas, comments, suggestions and feedback regarding the Site, the App or any other of our products or services (collectively, “Feedback”).  All Feedback disclosed, submitted, or offered to us via the Site, the App, or otherwise, may be freely used by us without restriction (including without any obligation of confidentiality).  You represent and warrant that any Feedback that you submit to us is original to you, made in compliance with applicable laws and does not violate any right of any third party, including intellectual property rights.  By disclosing, submitting or offering any Feedback to us, you grant us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, fully assignable and sublicensable right to use, copy, reproduce, modify, adapt, publish, translate, process, create derivative work from, distribute and display such Feedback and derivative works thereof throughout the world in any manner and in any media.

  8. Privacy and Security.  Our privacy and security practices are governed by our Privacy Policy available at https://childmind.org/privacy/, as amended from time to time, which is incorporated by reference in these Terms.  You agree that we are entitled to monitor your use of the Site or the App for the purpose of enforcing the restrictions in Section ‎3 and to maintain the privacy and security of the Services.

  9. Registration and Termination.  We reserve the right to suspend or permanently revoke your access to the Site or the App, at any time for any reason, including if we believe you are in breach of these Terms or for no reason. You may terminate your account at any time by contacting us at [email protected]. After your account is terminated, information and content previously provided by you will no longer be accessible through your account, but we may continue to store such information and content, and it may also be stored by third parties, including Partner Institutions, to whom it has been transferred through your use of the Site or the App.  The following provisions shall survive any termination of these Terms: Section ‎6 (Intellectual Property), Section ‎7 (Feedback), this Section ‎9 (Registration and Termination), Section ‎11 (Disclaimers of Warranties), Section ‎12  (Limitation of Liability), Section ‎13 (Indemnification), Section ‎14 (Governing Law), Section ‎15 (Dispute Resolution) and Section ‎16 (General).

  10. Modifications.  We reserve the right at any time to modify these Terms and to impose new or additional terms or conditions on your access to or use of the Site or the App.  Such modifications and additional terms and conditions will be effective immediately upon their posting on the Site or the App.  We urge you to review these Terms from time to time in the future as we may update them in our discretion, in accordance with all applicable law.  Your continued use of the Site or the App following such updates to the Terms will be deemed acceptance thereof. We also reserve the right to modify, limit or discontinue, temporarily or permanently, some or all of the Site or the App at any time without any notice or further obligation to you.  You agree that we will not be liable to you or to any third party for any modification, limitation suspension, or discontinuance of any aspect of the Site or the App. 

  11. Disclaimers of Warranties.  WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SITE, THE APP (INCLUDING THE APP’S SOFTWARE) OR ANY CMI CONTENT.  THE SITE, THE APP (INCLUDING THE APP SOFTWARE) AND THE CMI CONTENT ARE PROVIDED “AS-IS” AND WITH ALL FAULTS, AND WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING (I) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE, SECURITY, ACCURACY AND NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, (II) THAT THE SITE, THE APP OR ANY CMI CONTENT WILL MEET YOUR MEDICAL NEEDS OR YOUR REQUIREMENTS OR WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR AND (III) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION OR USE OF THE SITE, THE APP OR ANY CMI CONTENT.  You assume all risk for any damages that may result from your use of or access to the Site or the App.  We do not guarantee the accuracy of, and disclaim all liability for, any errors, omissions or other inaccuracies in the CMI Content or any other information, content or materials made available through the Site or the App. We have no special relationship with or fiduciary duty to you, and you acknowledge that we have no control over, and no duty to take any action regarding any acts or omissions taken by you or any other user of the Site or the App, including  how you or any other user may interpret or use materials accessed or developed through the Site, or the App, or what actions you may take as a result of having been exposed to information obtained through the Site or the App.

  12. Limitation of Liability.  IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, DIRECT, INDIRECT, OR PUNITIVE DAMAGES (INCLUDING 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 OR BASED IN TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, WARRANTY, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.  Some jurisdictions do not allow the disclaimer of warranties or limitation of liability in certain circumstances.  Accordingly, some of the above limitations or the disclaimer of warranties in Section 11 may not apply to you.

  13. Indemnification.  You agree that you will be personally responsible for your use of the Site and the App, and you agree to defend, indemnify, and hold us, our officers, directors, employees, consultants, affiliates, subsidiaries, and agents, harmless from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ and accounting fees and costs), arising out of or that are in any way connected with (i) your access to or use of the Site or the App, or your reliance on any CMI Content or other information found on the Site or the App for any purpose; (ii) your violation of the Terms or any applicable law or regulation; (iii) your violation of any third party right, including any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any disputes or issues between you and any third party.  We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

  14. Governing Law.  These Terms shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to conflict of law principles.  To the extent that any lawsuit or court proceeding is permitted hereunder, you and we hereby agree to submit to the exclusive jurisdiction of the state courts and federal courts located within Southern District of New York, for the purpose of litigating all such disputes.

  15. Dispute Resolution.  In the interest of resolving disputes between you and us in the most expedient and cost effective manner, you and we agree to resolve any controversy or claim arising out of or relating to these Terms by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules.  The tribunal will consist of one arbitrator.  The place of arbitration will be in the State of New York.  The language used in the arbitral proceedings will be English.  The award rendered by the arbitrator shall be final and binding on the parties.  The judgment may be entered upon the arbitration award in accordance with applicable law in any court in the State of New York having jurisdiction thereof.  The parties acknowledge that these Terms evidence a transaction involving interstate commerce.  Notwithstanding any provision in these Terms to the contrary with respect to applicable substantive law, any arbitration conducted pursuant to these Terms shall be governed by the United States Federal Arbitration Act (presently 9 U.S.C. Sec. 1-16).  Except for a judgment upon the award rendered by the arbitrator, this arbitration clause waives the parties’ right to seek relief in court.  This Section 15 shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. 

    Notwithstanding any of the above, you agree that either party may seek injunctive or other equitable relief in state or federal court located in the State of New York in the event of actual or threatened infringement or misappropriation of intellectual property rights.  

    YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN CONNECTION WITH ANY LEGAL DISPUTE BETWEEN YOU AND CHILD MIND INSTITUTE, INC. AND ITS AFFILIATES.  YOU HEREBY FURTHER AGREE THAT YOU MAY BRING CLAIMS AGAINST CMI  ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS. YOU HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE INDIVIDUAL CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER INDIVIDUAL.

  16. General.

    1. Entire Agreement.  These Terms, together with the Privacy Policy, constitute the entire and exclusive understanding and agreement between you and us regarding your use of and access to the Site and App, and except as expressly permitted above, may only be amended by a written agreement between you and us.

    2. No Waiver.  The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

    3. Paragraph Headers.  Use of paragraph headers in the Terms is for convenience only and shall not have any impact on the interpretation of particular provisions.

    4. Severability.  In the event that any part of the Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.

    5. Acceptance.  You agree that the electronic text of this Agreement constitutes a writing and your assent to these Terms hereof constitutes a “signing” for all purposes.