For the Terms of Use of Child Mind Institute websites, please refer to Terms of Use.
Effective as of January 18, 2022
This Services Agreement (the “Agreement”) is a legal agreement between User and Child Mind Institute (“CMI”) respecting an arrangement whereby CMI provides a platform whereby User can access and utilize CMI’s MindLogger program, including to create, edit, share, use and administer applets for the purposes of recording, tracking, and communicating information. BY USING THE SOFTWARE, APPLICATION AND/OR SERVICES, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
If you have any questions or concerns about the terms of this agreement, please contact us at [email protected]
1. Definitions
1.1. “Agreement” means this services agreement between User and CMI, the terms of which govern the provision of Services by CMI to User.
1.2. “Application” means the MindLogger software application whether hosted online by CMI or provided to Users through a Third Party App Store.
1.3. “User” means the individual or legal entity entering into this Agreement for the purpose of using the Services.
1.4. “Party” means each of User and CMI, and “Parties” means User and CMI collectively.
1.5. “Servers” means the servers, to which data collected by the Application is transmitted, and on which the Software resides.
1.6. “Services” means the services provided by CMI to User, where CMI provides a platform whereby User can create, edit, share, use and administer applets for the purposes of recording, tracking, and communicating information using the Software or the Application.
1.7. “Software” means the MindLogger platform hosted on the Servers which allows User to create, edit, share, use and administer applets for the purposes of recording, tracking, and communicating information.
1.8. “Third Party App Store” means a third party application store, such as Google Play Store or Apple App Store, from which a User acquires the Application.
1.9. “User” means a user of the Application.
2. The Services
2.1. CMI will provide User, through the Software, with the ability to create, edit, share, use and administer applets for the purposes of recording, tracking, and communicating information in the manner described herein (the “Services”). The Services are provided subject to the terms and conditions of this Agreement.
2.2. In order to use the Services, User must:
(a) provide up-to-date, complete and accurate registration information as requested by CMI on CMI’s website, which may include User’s name, mailing address, phone number and email address;
(b) be at all times in compliance with the terms and conditions of this Agreement and applicable law.
User specifically agrees that CMI may rely on the accuracy of the information provided by User to CMI, and that CMI will have no liability whatsoever, whether to User or to any third party, for any claims or damages resulting from inaccurate information provided to CMI.
2.3. CMI will provide User with certain information to allow User to use the Services, such as one or more user IDs and passwords and/or the ability to create user IDs and/or passwords (the “Access Information”). CMI will store the Access Information in encrypted form. The Access Information is provided on the understanding that it is personal to User; User will not permit anyone other than User or its authorized representatives to obtain access to the Services using the Access Information. CMI is not responsible or liable in any way for any use of the Services (authorized or unauthorized) by any party accessing the Services using User’s Access Information, and User accepts all responsibility for such use of the Services and any consequences resulting from such use of the Services.
2.4. CMI reserves the right to change, suspend or discontinue the Services at any time, including the availability of any feature or content, account access, or any promotion offered by CMI. CMI may also impose limits on the Services and/or terminate or restrict User’s access to parts or all of the Services without liability. Where feasible, CMI will provide User with advance notice of such changes, limitations or discontinuance; however, User acknowledges that such notice may not be feasible in all circumstances and that CMI shall have no liability whatsoever for its failure to provide such notice to Customer.
3. Data Collection
3.1. User acknowledges and agrees that an integral part of the Services, and the sole purpose of the Application, is the collection of information and data from Users through the Application and/or the Software. Such information and data is then processed by, and when applicable transmitted to authorized third parties by, the Application and/or the Software. Nothing herein transfers any ownership of such information and data to CMI; however, User grants CMI a license to use such information and data solely to provide User with the Services and to comply with any mandatory legal requirements.
3.2. As such information and data may contain personal information relating to the User and/or third parties, User is solely responsible for obtaining all relevant permissions to enable User to grant the license set forth in Section 3.1, and to enable CMI to collect such information and data through the Application. CMI will have no liability whatsoever respecting any claim by User, Users, or any third party whose information and data are collected in User’s use of the Services, whether related to privacy or otherwise, in relation to CMI’s use of such information to provide the Services, and User agrees to indemnify, defend and hold CMI harmless against any such claims.
3.3. User acknowledges that data obtained through the Services is not under the control of CMI, and CMI is not responsible or in any way liable for the content of such data, including without limitation its accuracy, reliability, effectiveness, standards compliance, copyright compliance, legality, decency, or any other aspect of their content. CMI does not assess data for its quality, usefulness or otherwise. Under no circumstance will CMI be liable for any loss or damage caused by User’s reliance on information obtained through the Services. It is solely User’s responsibility to evaluate the accuracy, completeness or usefulness of any content and data available through the Services.
3.4. User acknowledges and agrees that CMI cannot guarantee data integrity and that it is solely User’s responsibility to back up any of User’s information and data (including information and data obtained from Users through the Services) that User obtains or uses in conjunction with the Services.
3.5. User acknowledges and agrees that CMI will exercise no control over User’s use of the Services, and that User is solely responsible for complying with the provisions of this Agreement and all applicable laws respecting User’s use of the Services, including, without limitation, all privacy laws applicable to the collection and use of data obtained through the Services. Notwithstanding the foregoing, CMI reserves the right to review any material stored in files or programs on the Servers, and has the right to edit or remove any material that, in its sole discretion, believes may be unlawful, obscene, abusive, or otherwise objectionable and/or to report such material to the appropriate authorities. CMI reserves the right to revoke service for any abusive conduct or fraudulent use of the Services and to cease the Services, temporarily or permanently, in the event that User’s use of the Services or the provision of the Services constitutes, in CMI’s reasonable judgment, a threat to CMI’s or any third party’s computer systems, networks, files, materials or other data.
3.6. User acknowledges that, due to the nature of the Services, information or data uploaded to the Services may be hosted on Servers residing in jurisdictions other than the United States, over which CMI has no direct control. By using the Services, User acknowledges that its information and data may become, during the period that they are hosted on such Servers, subject to the laws of the jurisdiction in which those Servers reside and/or to the terms of agreements respecting the hosting of data on such Servers. Although CMI has made reasonable efforts to verify that its agreements with such Server providers are reasonably protective of User’s data, User acknowledges that CMI has no liability for any acts or omissions of third parties in relation to such Servers and the data stored on them. User therefore hereby releases CMI from all liability for any governmental or third party action taken in such jurisdictions with respect to such data (including User’s information, data, and any results, such as metrics and analytic reports, based on such data) and/or the Servers on which such data resides, and User acknowledges that it retains sole responsibility to back up and retain copies of such information, data and reports.
4. User’s Use of the Services
4.1. User agrees that:
(a) User will not permit anyone other than an authorized representative of User, to obtain access to the Services through User’s MindLogger account or otherwise using User’s Access Information, and will only use the Services in accordance with this Agreement and applicable law;
(b) User will ensure that any information that is provided to CMI pursuant to this Agreement is true, accurate, current and complete;
(c) User will be solely responsible for all activities with respect to the Services undertaken by User;
(d) Except as specifically agreed upon by CMI and User, User will not use the Services to provide commercial services to, or for the benefit of, any third party;
(e) User represents and warrants that User has the right and the authority to enter into this Agreement, to use the Services, and to post or upload any content to the Software or otherwise provide such content and data to CMI;
(f) User agrees to obtain all authorizations necessary from all third parties for User’s use of any third party data in conjunction with the Services, including without limitation obtaining permission and all necessary rights from its Users to use their feedback to develop User’s product plans;
(g) User will ensure that User’s use of the Services does not interfere with, degrade, or adversely affect any software, system, network or data used by any person including CMI and other users of the Services (including by ensuring that User does not upload any viruses or other harmful code in using the Services or by placing an undue burden upon the CPUs, servers or other resources used to provide the Services);
(h) User will not in any way use the Services to commit or attempt to commit a crime or facilitate the commission of any crime or other illegal or tortious acts, including any infringement of intellectual property rights, any fraudulent activities, any deceptive impersonation, or any activities that violate any third party’s privacy rights;
(i) User will not interfere with or in any manner compromise any of CMI’s security measures;
(j) User will not alter, modify, delete, or otherwise interfere with or in any manner compromise any content, data and/or features accessible through the Services or Software, including, without limitation, the content delivery and display functionality of the Services and Software.
(k) User will cooperate with CMI and provide information requested by CMI to assist CMI and/or relevant authorities in investigating or determining whether there has been a breach of this Agreement or applicable law.
Without limiting the foregoing, User agrees not to violate any applicable laws, the rights of others, or the operational and security mechanisms of the Services.
4.2. The Services will be subject to the usage policies as provided to User by CMI from time to time, including in electronic form by posting on CMI’s website. Such policies may include limitations on data storage space, and equipment and/or software requirements. User is solely responsible for compliance with such policies.
4.3. User is solely responsible for the selection, implementation, installation, maintenance and performance of any and all equipment, software and services used in conjunction with using the Services (except for CMI’s computer systems and networks), including without limitation User’s internal network infrastructure.
4.4. User agrees to promptly and accurately report to CMI any actual or apparent errors, problems, nonconformities or other difficulties in Services, along with any other information reasonably requested by CMI to aid in resolving such errors, problems, nonconformities or other difficulties, and hereby consents to the collection, processing, transmission and disclosure of such information by CMI for the purposes of CMI’ internal use to improve the Services or other CMI products or services.
4.5. User agrees that any suggestions, bug reports or other communications respecting the functionality of the Software or Services that User transmits to CMI by any means (each, a “Submission”), is considered non-confidential and may be disseminated or used by CMI or any third party without compensation or liability to User for any purpose whatsoever. By providing a Submission to CMI, whether for inclusion on the Services or otherwise, User represents and warrants that User has all necessary permissions to grant the licenses below to CMI. User hereby grants CMI, its affiliates and successors a perpetual, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, copy, distribute, transmit, modify, develop, prepare derivative works of any Submission on, through or in connection with the Service, including without limitation, for promoting, improving and developing the Services. This provision does not apply to personal information that is subject to CMI's Privacy Policy
4.6. User specifically acknowledges that neither the Software nor the Services are developed, or licensed for use in any inherently dangerous, time-sensitive or mission critical applications. User agrees that CMI shall not be liable for any claims or damages arising from such use if User uses the Software or Services for such applications. User agrees to hold CMI harmless from any claims for losses, costs, damages, or liability arising out of or in connection with the use of the Software or Services for such applications.
5. The Software
5.1. CMI hereby grants User a personal, non-exclusive, revocable, non-transferable license to use the Software solely as accessed through CMI’s MindLogger website and solely for the purposes of using the Services. This license does not imply any rights to future upgrades or updates to, or versions of, the Software. However, if CMI does provide User with any Software upgrades, updates or versions, such updates, upgrades and versions shall be subject to the terms and conditions of this Agreement or such agreement, if any, which accompanies such upgrades, updates or versions. Such Software upgrades, updates and versions may be subject to additional payments. User does not have the right under this Agreement to obtain or use any source code for the Software.
5.2. User shall not:
(a) copy, reproduce, modify, enhance, improve, alter, reverse engineer, disassemble, deconstruct, translate, decrypt, reverse compile or convert into human readable form the Software or any part thereof;
(b) remove, deface, cover or otherwise obscure any proprietary rights notice or identification on the Software (including without limitation any copyright notice or other notice of intellectual property ownership);
(c) use the Software in any way inconsistent with the use parameters for the Services;
(d) attempt to hack the Software or any communication initiated by the Software or to defeat or overcome any encryption and/or other technical protection methods implemented by CMI with respect to the Software and/or data and/or content transmitted, processed or stored by CMI or other users of the Services;
(e) collect any information or communication about the users of the Services or Software by monitoring, interdicting or intercepting any process of or communication initiated by the Software or Services or by developing or using any software or any other process or method that engages or assists in engaging in any of the foregoing;
(f) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, packet-sniffer, Trojan-horse routing, trap door, time bomb or any other codes or instructions that are designed to be used to provide a means of surreptitious or unauthorized access to the Services or any computer system or that are designed to monitor, distort, delete, damage or disassemble the Software or its ability to communicate and perform the Services; or
(g) authorize, permit or otherwise acquiesce in any other party engaging in any of the activities set forth in (a) – (f) above, or attempting to do so.
For the purposes of this provision “copy or reproduce” shall not include copying of statements and instructions of the Software during program execution when used in accordance with and for the purposes described in the user documentation or in the course of making backups of the computer or system on which the Software is installed, in accordance with industry standard business practices.
6. User hereby represents and warrants that (i) User is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) User is not listed on any U.S. Government list of prohibited or restricted parties.
7. Support and Training
7.1. Support, maintenance and training respecting the Software and Services (if applicable) will be provided only pursuant to a separate written agreement between User and CMI, and may be subject to additional fees.
8. Privacy and Confidentiality
8.1. User’s personal information will be handled in accordance with CMI’s Privacy Policy. To view CMI’ Privacy Policy, please visit the following link: https://childmind.org/privacy/. Notwithstanding the foregoing, CMI reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental authority.
8.2. Additionally, by submitting personal information to CMI pursuant to this Agreement, including without limitation User’s name, address, e-mail address and credit card or other financial information, User consents to the collection, processing, transmission and disclosure of such information by CMI for the purposes of CMI’s provision of the Services and CMI’s internal use, and specifically the purposes for which such information has been requested, such as billing requirements. User specifically agrees that CMI may disclose User’s name, address, e-mail address and/or account information to third party service providers to the limited extent necessary to provide User with the Services. The User acknowledges that the consent referred to in the previous sentence is not intended to establish a lawful basis for processing personal data as required under the EU General Data Protection Regulation 2016/679 or the UK GDPR (as defined in section 3(10) (as supplemented by section 205(4)) of the UK Data Protection Act 2018)
9. Intellectual Property Rights
9.1. User is responsible for complying with all applicable intellectual property laws in User’s use of the Services, and agrees to indemnify, defend and hold CMI harmless from any and all claims that arise as a result of User’s non-compliance with intellectual property laws and/or User’s infringement of any intellectual property rights, including without limitation any contravention of third party copyrights in relation to data or information uploaded or posted by User.
9.2. User acknowledges that the Application and Software are owned by CMI, who retains all right, title and interest therein, and is protected by U.S. and international copyright laws. In addition, other intellectual property laws (including patent laws) and treaties may protect the Application, Software and Services. It is therefore User’s responsibility to fully comply with such laws in using and handling the Services and Software. Nothing herein shall be construed as constituting a sale of the Application, Software or any portion thereof to User.
9.3. User does not acquire any intellectual property or other proprietary rights under this Agreement, including without limitation any right, title or interest in and to patents, copyrights, trade-marks, industrial designs, confidential information, or trade secrets, whether registered or unregistered, relating to the Application, Software, the Services, or any part thereof. User’s only rights to the Application, Software, the Services and any part thereof shall be those rights expressly licensed or granted to User under this Agreement. Any rights not expressly granted under this Agreement are reserved.
10. Disclaimer of Warranties
10.1. THE APPLICATION, SERVICES AND SOFTWARE ARE PROVIDED TO USER “AS IS” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. CMI ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES WHATSOEVER IN THE INFORMATION PROVIDED THROUGH THE SERVICES OR SOFTWARE. UNDER NO CIRCUMSTANCES WILL CMI BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY USER’S RELIANCE ON INFORMATION OBTAINED THROUGH USE OF THE SERVICES OR THE SOFTWARE. IT IS USER’S RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY INFORMATION PROVIDED, AND USE OF THE SERVICES AND SOFTWARE IS SOLELY AT USER’S OWN RISK. CMI has no special relationship with or fiduciary duty to User, and User acknowledges that CMI has no control over, and no duty to take any action regarding any acts or omissions taken by User or any other user of the Services, including without limitation, how User or any other user may interpret or use materials accessed or developed through the Services, or what actions User may take as a result of having been exposed to information obtained through the Services. Some jurisdictions do not allow the exclusion of certain warranties, so the above limitations or exclusions may not apply to User.
11. Limitation of Liability
11.1. The only type of damages that can be recovered against CMI arising from or related to this Agreement including without limitation in relation to the provision of the Services, shall be User’s direct damages, if any, arising from CMI’s gross negligence, willful misconduct or willful breach of this Agreement. In no event shall the aggregate liability of CMI exceed the amount paid by User for the portion of the Services that gave rise to the claim. CMI SHALL HAVE NO LIABILITY WHATSOEVER TO USER OR ANY PARTY CLAIMING BY OR THROUGH USER FOR THE ACCURACY, TIMELINESS OR CONTINUED AVAILABILITY OF THE SERVICES. Without limiting the foregoing, User’s only right with respect to any problems or dissatisfaction with the Software is to discontinue the use of such Software, subject to any remedies available to User under User’s separate software license agreement, if any.
11.2. EXCEPT FOR THE LIMITED DIRECT DAMAGES SPECIFIED ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CMI BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL OR PUNITIVE DAMAGES, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS, LOSS OR DAMAGE ASSOCIATED WITH ANY USE OF THE SOFTWARE OR SERVICES, OR OTHER PECUNIARY LOSS ARISING OUT OF OR RELATED TO THIS AGREEMENT) WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE THE SOFTWARE OR SERVICES, EVEN IF CMI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO USER.
12. Indemnification
12.1. User agrees to indemnify, defend and hold harmless CMI, its parents, subsidiaries, affiliates, officers and employees, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of: (a) User’s access to the Services, the Software, and any content obtained or provided by User through the Application, Services or Software, (b) User’s use or misuse of the Services and/or Software, (c) any breach of this Agreement by User, (d) the infringement by User, or any third party obtaining access to the Services through User’s Access Information, of any intellectual property or other right of any person or entity, or (e) User’s violation of any third-party rights or any applicable laws.
13. Termination
13.1. The term of this Agreement shall be for one (1) year unless otherwise agreed upon by the Parties, and shall automatically renew thereafter on an annual basis upon the same terms and conditions as set forth herein unless either Party provides notice of its intention not to renew this Agreement at least ninety (90) days prior to the renewal date.
13.2. Either Party may terminate this Agreement for any reason upon thirty (30) days’ written notice to the other Party. Additionally, CMI may terminate this Agreement and/or immediately cease to provide the Services without any liability whatsoever if CMI is prevented from providing any portion or all of any Services due to the acts or omissions of User or any third party, or by any law, regulation, requirement or ruling issued in any form whatsoever by judicial or other governmental body. Nothing herein shall be construed to require CMI to seek a waiver of any law, rule, regulation, or restriction, or seek judicial review or appeal of any court order. Upon any termination of this Agreement for any reason (whether by User or by CMI), User must cease all use of the Services and Software.
13.3. Without limiting other remedies, CMI may limit User’s activity, issue a warning, temporarily suspend, indefinitely suspend or terminate User’s account and refuse to provide Services to User if: (a) User breaches this Agreement or the documents it incorporates by reference; (b) CMI is unable to verify or authenticate any information User provides; or (c) CMI believes that User’s actions may cause financial loss or legal liability for User, other users or CMI.
13.4. CMI reserves the right to investigate suspected violations of this Agreement. User hereby authorizes CMI to cooperate with (1) law enforcement authorities in the investigation of suspected criminal violations and (2) system administrators at Internet service providers, networks or computing facilities, and other content providers in order to enforce the terms and conditions of this Agreement.
13.5. The above-described actions are not CMI’s exclusive remedies and CMI may take any other legal, equitable or technical action it deems appropriate in the circumstances. CMI will not have any liability to User or any third party in relation to the termination of this Agreement for any reason whatsoever.
13.6. Any provision of this Agreement which expressly states that it is to continue in effect after termination or expiration of this Agreement, or which by its nature would survive the termination or expiration of this Agreement, shall do so.
14. General
14.1. Independent Contractors: Each Party shall perform its obligations hereunder as an independent contractor, and nothing contained in this Agreement shall be construed to create or imply a joint venture, partnership, principal-agent, or employment relationship between the parties. Except as expressly authorized by CMI in writing, User shall neither act nor purport to be acting as the legal agent of CMI, nor enter into any agreement on behalf of CMI or otherwise bind or purport to bind CMI in any manner whatsoever.
14.2. Notices: Any notices, reports or other communications required or permitted to be given under this Agreement shall be in writing and shall be sufficient if delivered by hand or sent by registered mail, courier or facsimile addressed to User or CMI at their respective addresses as set forth below or as otherwise advised in writing.
14.3. No Waiver: No waiver by either Party of a breach or omission by the other party under this Agreement shall be binding on the waiving Party unless it is expressly made in writing and signed by the waiving Party. Any waiver by a Party of a particular breach or omission by the other Party shall not affect or impair the rights of the waiving party in respect of any subsequent breach or omission of the same or different kind.
14.4. Assignment, Subcontracting and Succession: Except as expressly permitted herein, neither Party shall assign or subcontract or purport to assign or subcontract any of its rights or obligations under this Agreement without first obtaining the other Party’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed. This Agreement shall be binding upon the parties hereto and their respective lawful successors and permitted assigns.
14.5. Severability: If any one or more of the provisions of this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, any such provision shall be severable from this Agreement, in which event this Agreement shall be construed as if such provision had never been contained herein.
14.6. Governing Law: This Agreement shall be governed by and construed under the laws of the state of New York. Each Party hereto irrevocably waives any objection on the grounds of venue, forum non-conveniens or any similar grounds and irrevocably consents to service of process by mail or in any other manner permitted by applicable law and consents to the jurisdiction of the courts located in the Southern District of New York. The Parties further hereby waive any right to a trial by jury with respect to any lawsuit or judicial proceeding arising or relating to this Agreement. In construing, interpreting and enforcing this Agreement, choice of law principles shall not apply.
14.7. Entire Agreement/Modification: This Agreement constitutes the entire agreement between the parties and supersedes all previous agreements and understandings relating to the subject matter hereof. This Agreement may not be altered, amended, or modified except by a written instrument signed by the duly authorized representatives of both Parties.
14.8. Counterparts: This Agreement may be executed in counterparts, or facsimile counterparts, each of which when executed by either of the Parties shall be deemed to be an original and such counterparts shall together constitute one and the same Agreement.
14.9. Electronic Agreement. User acknowledges and agrees that by clicking on the “I AGREE” button (or similar buttons or links as may be designated by CMI to show User’s acceptance of this Agreement and/or User’s agreement to download, install or otherwise access and use the Software), User is entering into a legally binding contract. User hereby agrees to the use of electronic communication in order to enter into contracts, place orders and create other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the Software. Furthermore, User hereby waives any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
14.10. English Language. It is the express will of the parties that this Agreement and all related documents have been drawn up in English.
14.11. Age Requirement. If User is residing in a jurisdiction which restricts the use of Internet-based applications according to age, or which restricts the ability to enter into agreements such as this Agreement according to age and User is under such a jurisdiction and under such age limit, User may not enter into this Agreement and download, install or use the Software. Furthermore, if User is residing in a jurisdiction where it is forbidden by law to offer or use software for internet communication, User may not enter into this Agreement and may not download, install or use the Software. By entering into this Agreement User explicitly states that it has verified in its own jurisdiction that its use of the Software is allowed.
14.12. Publicity. CMI reserves the right to make announcements, press releases, publications, presentations and other public statements that reference User’s identity as a User, without User’s prior written approval, provided that CMI does not disclose User’s confidential information in the course of such publicity or misrepresent User’s relationship with CMI. For the avoidance of doubt, User’s identity as a User shall be considered User’s confidential information to the extent that User receives Services for purposes of mental health or therapeutic treatment thereof.
15. Contact
15.1. If you have any questions regarding this Agreement, or if you have any questions, complaints, claims or other legal concerns relating to CMI or its business, please contact CMI at:
Mail: Child Mind Institute, 101 East 56th Street, New York, NY 10022
Email: [email protected]
Telephone: 212.308.3118