Terms and Conditions
WELCOME TO MINDLAB’S WEBSITE
Welcome to the MindLab Website and thank You for visiting. We hope You enjoy the experience!
These Terms of Use (“Terms”) are a legal contract between You and Us (collectively, “Everyone”) and govern Your use of all the text, data, information, software, graphics, photographs and more (all of which We refer to as “Materials”) that We and Our affiliates may make available to You, as well as any services (“Services”) We may provide through any of Our websites (all of which are referred to in these Terms as this “Website”).
READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS.
NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH THE COMPANY. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
CHANGES
We may alter the Materials and Services We offer You and/or choose to modify, suspend or discontinue this Website at any time and without notifying
You. We may also change, update, add or remove provisions (collectively, “modifications”) of these Terms from time to time. Because Everyone benefits from clarity, We promise to inform You of any modifications to these Terms by posting them on this Website.
If You object to any such modifications, Your only remedy is to cease using this Website. Continued use of this Website following notice of any such modifications indicates You acknowledge and agree to be bound by the modifications. Also, please know that these Terms may be replaced by legal notices or terms located on particular pages of this Website, as it may state in those notices or terms. These legal notices or terms are incorporated into these Terms and replace the provision(s) of these Terms that are stated as being replaced.
GENERAL USE
By using this Website, You promise that You are at least 13 years of age. If You are not yet 18 years old, You must have the permission of an adult to use this Website and agree to its Terms, and that adult must be a parent or legal guardian who is willing be responsible for Your use of this Website.
We invite You to use this Website for individual, consumer purposes (“Permitted Purposes”) – enjoy!
In these Terms we are granting You a limited, personal, non-exclusive and non-transferable license to use and to display the Materials; You may only use the Materials so long as you comply with these Terms. You have no other rights in this Website or any Materials and You may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of this Website or Materials in any way. If You make copies of any of this Website for Permitted Purposes, then We ask that, on all copies, You be sure to keep all of Our copyright and other proprietary notices as they appear on this Website.
Unfortunately, if You breach any of these Terms the above license will terminate automatically and You must immediately destroy any downloaded or printed Materials (and any copies thereof).
USING THIS WEBSITE AND THE WEBSITE’S SERVICES
We appreciate You visiting this Website and allow You to do just that – stop by and check it out, without even registering with Us!
PRIVACY POLICY
We respect the information that You provide to Us, and want You to fully understand exactly how We use that information. So, please review Our
Privacy Policy at https://www.mindlabpharma.com/privacy-policy, which explains everything.
LINKS TO THIRD-PARTY SITES
Sometimes provide links on this Website to third-party websites. If You use these links, You will leave this Website. We are not obligated to review any third-party websites that You link to from this Website, We do not control any of the third-party websites, and We are not responsible for any third-party websites (or the products, services, or content available through any of them). Thus, We do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that might come from using them. If You decide to access any of the third-party websites via links from this Website, You do this entirely at Your own risk and You must follow the privacy policies and terms and conditions for those third-party websites. Certain areas of this Website may allow You to interact and/or conduct transactions with one or more thirdparty websites, and, if applicable, may allow you to adjust your privacy settings for that third-party website account, so that Your activities on this Website can be shared with Your contacts via your third-party site account (such as social sharing via Facebook or Twitter).
UNAUTHORIZED ACTIVITIES
To be clear, We authorize Your use of this Website only for Permitted Purposes. Any other use of this Website beyond the Permitted Purposes is
prohibited and unauthorized. This is because as between You and Us, all rights in this Website remain Our property.
Unauthorized use of this Website may result in violation of various United States and international copyright laws. Because We prefer keeping this
relationship drama-free, We want to give You examples of things to avoid. So, unless You have written permission from Us, You are not authorized to use this Website in any of the following ways (these are examples only and the list below is not a complete list of everything that You are not permitted to do):
- For any public or commercial purpose which includes use of this Website on another site or through a networked computer environment;
- In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of this Website;
- In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
- To stalk, harass, or harm another individual;
- To impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity;
- To interfere with or disrupt this Website or servers or networks connected to this Website;
- To use any data mining, robots, or similar data gathering or extraction methods in connection with this Website; or
- Attempt to gain unauthorized access to any portion of this Website or any other accounts, computer systems, or networks connected to this Website, whether through hacking, password mining, or any other means.
You agree to hire attorneys to defend Us if You violate these Terms and that violation results in a problem for Us. You also agree to pay any damages that We may end up having to pay as a result of Your violation. You alone are responsible for any violation of these Terms by You. We reserve the right 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.
PROPRIETARY RIGHTS
“MindLab” is a trademark that belongs to Us. Other trademarks, names and logos on this Website are the property of their respective owners.
Unless otherwise specified in these Terms, all Materials, including the arrangement of them on this Website are Our sole property, Copyright © 2017. All rights not expressly granted in these terms are reserved. Except as otherwise required or limited by applicable law, any reproduction,
distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or licensee.
DISCLAIMER OF WARRANTIES
THIS WEBSITE IS PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS WEBSITE IS WITH YOU.
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THIS WEBSITE, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, AND ACCURACY OR TIMELINESS OF THE INFORMATION PROVIDED.
THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE WEBSITE IS FREE OF PROBLEMS. Without limiting what we just stated, We make no warranty that this Website will meet Your requirements or that this Website will be uninterrupted, timely, secure, or error free or that defects in this Website will be corrected. We make no warranty as to any results that come from the use of this Website or as to the accuracy or reliability of any information obtained through this Website. No advice or information, whether oral or written, obtained by You through this Website or from Us or Our subsidiaries/other affiliated companies shall create any warranty. We disclaim all equitable indemnities.
While there may be information contained within the Website or Services related to certain medical conditions and/or their treatment, should a medical condition exist, consult with your own physician or health care professional. THE CONTENT AVAILABLE THROUGH THE WEBSITE, OR COMMUNICATED TO YOU DIRECTLY THROUGH THE SERVICES, IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR MEDICAL JUDGMENT, ADVICE, DIAGNOSIS, OR TREATMENT OF ANY HEALTH CONDITION OR PROBLEM. You should not rely on information contained via the Website for diagnosing, treating, curing, preventing, managing or otherwise addressing health problems. Questions should be addressed to a physician or other health care professional. WE DO NOT, THROUGH THE WEBSITE OR OTHERWISE, PROVIDE MEDICAL ADVICE, MEDICAL PRESCRIPTIONS, TREATMENTS OR DIAGNOSTIC SERVICES. Your doctor or other health care professional, as a learned intermediary, is in the best position to assess, and provide information, about Your medical condition and any treatment options. Use of the Website or Services does not in and of itself create an express or implied physicianpatient relationship. In using the Website or Services, You agree that We are not, or will not be, liable or otherwise responsible for any decision made or
any action taken or any action not taken due to Your use of the Website or Services. PLEASE CONSULT YOUR HEALTHCARE PROVIDER FOR ALL MEDICAL ADVICE OR QUESTIONS.
LIMITATION OF LIABILITY
WE WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, USING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY,
PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE.
LOCAL LAWS; EXPORT CONTROL
We control and operate this Website from Our headquarters in the United States of America and this Website may not be appropriate or available for use in other locations. If You use this Website outside the United States of America, You are solely responsible for following applicable local laws.
FEEDBACK
Any submissions by You to Us (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) no matter how submitted, (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and We are free to use, without any attribution or compensation to You, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that We are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and You have no right to compel such use, display, reproduction, or distribution.
GENERAL
We think direct communication resolves most issues – if We feel that You are not complying with these Terms, We will tell You. We will even provide You with recommended necessary corrective action(s) because We value this relationship.
However, certain violations of these Terms, as determined by Us, may require immediate termination of Your access to this Website without prior notice to You. The Federal Arbitration Act, New York state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. Except for disputes subject to arbitration as described above, any disputes relating to these Terms or this Website will be heard in the courts located in New York County, New York. If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. By choosing not to enforced any of these Terms, We are not waiving Our rights. These Terms are the entire agreement between You and Us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between Everyone about this Website. The proprietary rights, disclaimer of warranties, representations made by You, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
CONTACT US
If You have any questions about these Terms or otherwise need to contact Us for any reason, You can reach Us at MindLab, 8 West 126th Street, 3rd Floor, New York, NY 10027, or by phone at (212) 234-0042.
