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TERMS OF SERVICE

Effective: June 10, 2025
Last Update: June 10, 2025

Mindless Labs (“Mindless Labs,” “we,” “us,” or “our”) provides content and products via www.mindless.org (the “Site”), mobile applications (the “App” or “Apps”), or other delivery methods and other products or services provided by us (collectively, the “Services”). These Terms of Service (“Terms”) govern your access to and use of the Services. The term “Device” refers to the device, which is used to access the Services, including but not limited to computers, smartphones, tablets, or any other device. The term “you” refers to the user of the Services. By creating a profile or accessing, browsing, or using the Services you agree to be bound by these Terms. If you do not agree to these Terms, please do not use or access the Site, Apps, or Services.

Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms or will be presented to you for your acceptance when you sign up to use the supplemental Services.  If the Terms are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service.  The Terms and any applicable Supplemental Terms are referred to herein as the “Terms.”

The Services consist of the following, without limitation: 

Mindless Labs is a digital health platform created to empower people on their personal wellness journey by providing and a resource on mental and emotional health issues and topics (the “Content”). The Site located at www.mindless.org and the Apps allow users to view, read, watch, and engage with the Content.  The Services allow users to connect to gain access the Content on the Mindless Labs platform. 

When changes are made to the Terms, Mindless Labs will make an updated copy of the Terms available on the Site and/or the Apps. If we make any material changes, and you have registered with us to create an account we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Terms.  Any changes to the Terms will be effective immediately for new users of the Services and will be effective thirty (30) days after posting notice of such changes on the Site or the App for existing users, provided that any material changes shall be effective for users who have an account with us upon the earlier of thirty (30) days after posting notice of such changes on the Site or App or thirty (30) days after dispatch of an e-mail notice of such changes to registered users. Mindless Labs may require you to provide consent to the updated Terms in a specified manner before further use of the Services is permitted.  If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Services. Otherwise, your continued use of the Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE SERVICES TO VIEW THE THEN-CURRENT TERMS. PLEASE NOTE THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE (SEE SECTION 13).  EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE, YOU AND MINDLESS LABS AGREE THAT DISPUTES RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. 

  1. Use and Access
    1. Eligibility. You must be at least 18 years old and legally capable of entering into a binding contract to use the Services. By using the Services, you represent and warrant that you meet these eligibility requirements. If you are between 13-17 years old, you may only use our Services with the express consent and supervision of a parent or legal guardian who is at least 18 years of age. By accessing or using the Site, App, or Services, you represent and warrant that you have obtained such consent. We may request additional information, documentation, or other evidence to verify your age or the required parental or guardian consent. Our Services are not directed to, and we do not knowingly collect personal information from, children under the age of 13. If you are under 13, you are not permitted to use the Services or provide any personal information through the Site or App. If you believe that a person under 18 has accessed the Services or submitted personal information without proper consent and/or a child under 13 has provided us with personal information, please contact us at Mindless Labs 1935 E Vine St STE 110, Salt Lake City, UT 84121, or email address at trust@mindless.org, so that we may appropriate steps to delete such information.
    2. Geographic Restrictions. Our Site, App, and Services are intended solely for individuals located in the United States. We do not target or offer our Services, merchandise, or Content to residents of the European Union (EU), United Kingdom (UK), or any other regions outside the United States. By accessing or using our Services, you represent and warrant that you are located within the United States. Individuals located outside the United States are not permitted to use or access the Site, App, or Services.
  1. Mindless Labs Properties
  2. Access to and Use of Mindless Labs Properties. You understand and acknowledge that the software, code, proprietary methods and systems used to provide the Services (“Mindless Labs Properties”) are: (a) copyrighted by us and/or our licensors under United States and international copyright laws; (b) subject to other intellectual property and proprietary rights and laws; and (c) owned by us or our licensors. Mindless Labs Properties may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Mindless Labs Properties. Nothing in these Terms grants you any right to receive delivery of a copy of Mindless Labs Properties or to obtain access to Mindless Labs Properties except as generally and ordinarily permitted through the Site, according to these Terms.  Furthermore, nothing in these Terms will be deemed to grant, by implication, estoppel or otherwise, a license to Mindless Labs Properties. Certain of the names, logos, and other materials displayed on the Services constitute trademarks, tradenames, service marks or logos (“Marks”) of Mindless Labs or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.  Any use of third-party software provided in connection with the Site will be governed by such third parties’ licenses and not by these Terms.
  3. App License.  Subject to your compliance with the Terms, Mindless Labs grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the App on a Device that you own or control and to run such copy of App solely for your own personal or internal business purposes.  Furthermore, with respect to any application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (a) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Notwithstanding the first sentence in this section, with respect to any application accessed through or downloaded from the Google Play store (a “Google Play Sourced Application”), you may have additional license rights with respect to use of the application on a shared basis within your designated family group. Please refer to the respective terms and conditions, policies, guidelines, or other documentation from the source you accessed or downloaded the App for specific details and information about applicability of this Section 2.
  4. Updates.  You understand that the Services and Mindless Labs Properties are evolving.  As a result, Mindless Labs may require you to accept updates to Mindless Labs Properties that you have installed on your Device.  You acknowledge and agree that Mindless Labs may update Mindless Labs Properties with or without notifying you.  You may need to update third-party software from time to time in order to use Mindless Labs Properties or access the Services.
  5. Certain Restrictions.  The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Mindless Labs Properties or any portion of Mindless Labs Properties, including the Site, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Mindless Labs Properties (including images, text, page layout or form) of Mindless Labs; (c) you shall not use any metatags or other “hidden text” using Mindless Labs’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Mindless Labs Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Site (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access Mindless Labs Properties in order to build a similar or competitive website, product, application, or service; (g) except as expressly stated herein, no part of Mindless Labs Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (h) you shall not include any information as part of Your Content or User Content on the Site or App any franchise, pyramid scheme, “club membership,” distributorship or sales representative agency arrangement or other business opportunity which requires an up-front or periodic payment, pays commissions, or requires recruitment of other users, members, sub-distributors or sub-agents; (i) Your Content shall not include anything that: (i) is defamatory, damaging, disruptive, unlawful, inappropriate, offensive, inaccurate, pornographic, vulgar, indecent, profane, hateful, racially or ethnically offensive, obscene, lewd, lascivious, filthy, threatening, excessively violent, harassing, or otherwise objectionable; (ii) incite, encourage or threaten immediate physical harm against another, including but not limited to, content that promotes racism, bigotry, sexism, religious intolerance or harm against any group or individual; or (iii) contain material that solicits personal information from anyone under 13 or exploits anyone in a sexual or violent manner; (j) Your Content shall not include or reference any advertisements or solicit any person to buy or sell products or services; (k) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in Mindless Labs Properties; and (l) you shall not access or use the Site, App, or any Services, including any Content thereon, for benchmarking purposes or for other research purposes. Any future release, update or other addition to Mindless Labs Properties shall be subject to these Terms. Mindless Labs, its suppliers and service providers reserve all rights not granted in the Terms.  Any unauthorized use of Mindless Labs Properties terminates the licenses granted by Mindless Labs pursuant to these Terms.
  6. Third-Party Materials.  As a part of Mindless Labs Properties, you may have access to materials that are hosted by another party.  You agree that it is impossible for Mindless Labs to monitor such materials and that you access these materials at your own risk.
  7. Privacy Policy and Use of Data. In connection with your use of the Services, please review our Privacy Policy, located at https://mindless.org/privacy, to understand how we use information we collect from you when you access, visit or use the Services. The Privacy Policy is part of and is governed by these Terms and by agreeing to these Terms, you agree to be bound by the terms of the Privacy Policy and agree that we may use information collected from you in accordance with its terms.
  8. Accounts; Information about Third Parties
  9. Registering Your Account.  In order to access certain features of Mindless Labs Properties or to access and use the Services, you may be required become a registered user and create an account (“Account”).  To create an Account, you will be asked to submit certain information, which may include but not limited to, your name, a username, email address, password, or other identifying or personal information.  Each time you use your password or identification you will be deemed to be authorized to access and use the Services in a manner consistent with this Terms and we have no obligation to investigate the authorization or source of any such access or use of the Services.
  10. Account Data.  In registering an Account on the Site or App, you agree to (1) provide true, accurate, current and complete information as may be required for your Account (the “Account Data”); and (2) maintain and promptly update the Account Data to keep it true, accurate, current and complete.  You represent and agree that you meet the eligibility requirements and criteria as described in these Terms (see Section 1 above and that you are not a person barred from using Mindless Labs Properties under the laws of the United States, your place of residence or any other applicable jurisdiction.  You are responsible for all activities that occur under your Account, and for keeping your Account specifics, including your password secure. You may never use another person’s account or registration information without permission. You should never publish, distribute, or post login information from your Account. By using the Services, you are authorizing us to collect, store, retain, and use, in accordance with our Privacy Policy at https://mindless.org/privacy.
  11. Third-Party Servicess.  If you are able to and do access the Mindless Labs Properties through one (1) or more third-party social media platforms (each, a “Third-Party Services”) as part of the functionality of the Services, you may link your Account with your accounts for such Third-Party Services (“Third-Party Account”).  By linking your Account with Third-Party Accounts, you acknowledge and agree that Mindless Labs may access, make available and store (if applicable) any Content (as defined in Section 4 below) that you have provided to and stored in your Third-Party Account (“Third-Party Services Content”) so that it is available on and through the Mindless Labs Properties via your Account.  Unless otherwise specified herein, all Third-Party Services Content shall be considered to be Your Content (as defined in Section 4) for all purposes of the Terms.  Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on the Mindless Labs Properties. Please note that if a Third-Party Account or associated service becomes unavailable, then Third-Party Services Content will no longer be available on and through the Mindless Labs Properties.  You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the [“Settings” section of the Services].  PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY PLATFORM PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND MINDLESS LABS DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS.  Mindless Labs makes no effort to review any Third-Party Services Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and Mindless Labs is not responsible for any Third-Party Services Content.
  12. App Stores.  You acknowledge and agree that the availability of the Apps and the Services is dependent on the third party from whom you received an App license, e.g., the Apple App Store or Google Play (each, an “App Store”).  You acknowledge that the Terms are between you and Mindless Labs and not with the App Store.  Mindless Labs, not the App Store, is solely responsible for Mindless Labs Properties, including Mindless Labs App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement).  In order to use Mindless Labs App, you must have access to a wireless network, and you agree to pay all fees associated with such access.  You also agree to pay all fees (if any) charged by the App Store in connection with Mindless Labs Properties, including Mindless Labs App.  You agree to comply with, and your license to use Mindless Labs App is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using any Mindless Labs Property, including Mindless Labs App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce it.
  13. Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Mindless Labs. 
  14. Necessary Equipment and Software.  You must provide all equipment and software necessary to connect to Mindless Labs Properties, including but not limited to, a Device (as defined herein) that is suitable to connect with and use Mindless Labs Properties, in cases where the Services offer a mobile component.  You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing Mindless Labs Properties.
  15. User-Generated Content 
  16. Types of Content. The Services may contain comments and/or other message or communication facilities designed to enable you and others to communicate with Mindless Labs and other users of the Services (collectively, “Communication Services”). You acknowledge that all content, including Mindless Labs Properties, and Mindless Labs Content (collectively, the “Content”) is the sole responsibility of the party from whom such Content originated.  This means that you, and not Mindless Labs, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through Mindless Labs Properties and the Communication Services (“Your Content”), and that you and other users of Mindless Labs Properties and Communication Services (“Users”), and not Mindless Labs, are similarly responsible for all Content they Make Available through Mindless Labs Properties and the Communication Services (“User Content”). You acknowledge and agree that your access to and use of any Communication Services, and any Content you Make Available, are subject to Mindless Labs’s Community Policy. If any Content violates Mindless Labs’s Community Policy, Mindless Labs reserves the right to remove such Content and/or to suspend or terminate your Account.
  17. No Obligation to Pre-Screen Content.  You acknowledge that Mindless Labs has no obligation to pre-screen Content (including, but not limited to, User Content), although Mindless Labs reserves the right in its sole discretion to pre-screen, refuse or remove any Content.  By entering into the Terms, you hereby provide your irrevocable consent to such monitoring.  You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation any in-App or in-Services chat.  In the event that Mindless Labs pre-screens, refuses or removes any Content, you acknowledge that Mindless Labs will do so for Mindless Labs’s benefit, not yours.  Without limiting the foregoing, Mindless Labs shall have the right to remove any Content that violates the Terms or is otherwise objectionable.
  18. Storage.  Unless expressly agreed to by Mindless Labs in writing elsewhere, Mindless Labs has no obligation to store any of Your Content that you Make Available on Mindless Labs Properties.  Mindless Labs has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of Mindless Labs Properties.  Certain Services may enable you to specify the level at which such Services restrict access to Your Content.  You are solely responsible for applying the appropriate level of access to Your Content.  If you do not choose, the system may default to its most permissive setting.  You agree that Mindless Labs retains the right to create reasonable limits on Mindless Labs’s use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described on the Site or in the App and as otherwise determined by Mindless Labs in its sole discretion.
  19. Ownership
  20. Mindless Labs Properties.  Except with respect to Your Content and User Content, you agree that Mindless Labs and its suppliers own all rights, title and interest in Mindless Labs Properties (including but not limited to, any visual interfaces, graphics, designs, compilations, information, data, computer code (including source code or object code), products, software, all other elements of the Services).  You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services, or Mindless Labs Properties.
  21. Trademarks.  Mindless Labs and other related graphics, logos, service marks and trade names used on or in connection with Mindless Labs Properties or in connection with the Services are the trademarks of Mindless Labs and may not be used without permission in connection with any third-party products or services.  Other trademarks, service marks and trade names that may appear on or in Mindless Labs Properties are the property of their respective owners.
  22. Other Content. By accessing or using the Services you agree that you have no right or title in or to any Content that appears on or in Mindless Labs Properties. You will not use any Content that is not created or authored by yourself for benchmarking or other research purposes.
  23. Your Content; License to Your Content.  Mindless Labs does not claim ownership of Your Content.  However, when you as a User post or publish Your Content on or in Mindless Labs Properties, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content. You grant Mindless Labs a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Your Content (in whole or in part) for the purposes of operating and providing Mindless Labs Properties and for our business purposes.  Please remember that other Users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of Mindless Labs Properties; provided, however, Mindless Labs expressly prohibits any use of Your Content by such Users, or use of User Content by you, for benchmarking or other research purposes.  You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.  You agree that you, not Mindless Labs, are responsible for all of Your Content that you Make Available on or in Mindless Labs Properties.
  24. Name and Likeness.  Without limiting the generality of the license you grant to Mindless Labs under, these Terms when you submit, post, or publish Content to Communication Services, you acknowledge and agree that the Mindless Labs shall have the right to use and incorporate such Content into articles, blog posts, stories, and other Content created by or on behalf of Mindless Labs (“Published Content”), and the Published Content may be publicly displayed and distributed (and redistributed) on the Mindless Labs Properties and on other Mindless Labs-controlled or third-party controlled platforms, in any other media, now known or hereafter devised.  YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT MINDLESS LABS IS NOT REQUIRED TO COMPENSATE YOU ANY AMOUNTS FOR THE USE OF YOUR NAME AND LIKENESS OR YOUR CONTENT AS DESCRIBED HEREIN AND IN SECTION 4.4.]
  25. Indemnification Reporting and Takedown

You agree to indemnify and hold Mindless Labs, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “Mindless Labs Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, Mindless Labs Properties; (c) your violation of the Terms; (d) your violation of any rights of another party, including any Users; or (e) your violation of any applicable laws, rules or regulations. Mindless Labs reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Mindless Labs in asserting any available defenses. This provision does not require you to indemnify any of Mindless Labs Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Site, App, or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to Mindless Labs Properties. 

Users may report content they believe violates these Terms. We reserve the right to investigate and take appropriate action, including content removal or account termination.

  1. Warranties, Disclaimers, and No Liability for Third Parties
  2. As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF MINDLESS LABS PROPERTIES IS AT YOUR SOLE RISK, AND MINDLESS LABS PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS.  MINDLESS LABS PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES. 
    1. MINDLESS LABS PARTIES MAKE NO GUARANTEE, WARRANTY, REPRESENTATION OR CONDITION THAT: (1)  YOU OR ANY OTHER USER OF THE SERVICES WILL OBTAIN ANY PARTICULAR OR TANGIBLE RESULT OR GOAL THROUGH THE USE OF THE SERVICES, OR ANY PRODUCT OR SERVICE MADE AVAILABLE ON OR THROUGH THE SERVICES OR WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF MINDLESS LABS PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF MINDLESS LABS PROPERTIES, INCLUDING ANY PRODUCT MADE AVAILABLE THROUGH THE SERVICES, WILL BE ACCURATE OR RELIABLE.
    2. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH MINDLESS LABS PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS MINDLESS LABS PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
    3. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS.  MINDLESS LABS MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
    4. MINDLESS LABS DOES NOT PROVIDE MEDICAL OR OTHER LICENSED PROFESSIONAL ADVICE.  ANY CONTENT ACCESSED THROUGH MINDLESS LABS PROPERTIES ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY.  THE SERVICES ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL OR THERAPUETIC ADVICE, DIAGNOSIS, OR TREATMENT.  THE CONTENT SHOULD NOT BE USED DURING A MEDICAL EMERGENCY OR FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION.  PLEASE CONSULT YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE ANY QUESTIONS ABOUT A MEDICAL CONDITION, OR BEFORE TAKING ANY DRUG, CHANGING YOUR DIET, OR COMMENCING OR DISCONTINUING ANY COURSE OF TREATMENT.  DO NOT IGNORE OR DELAY OBTAINING PROFESSIONAL MEDICAL ADVICE BECAUSE OF INFORMATION ACCESSED THROUGH MINDLESS LABS PROPERTIES.  CALL 911 OR YOUR DOCTOR FOR ALL MEDICAL EMERGENCIES.
    5. FROM TIME TO TIME, MINDLESS LABS MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT.  SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT MINDLESS LABS’S SOLE DISCRETION.  THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
  3. No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT MINDLESS LABS PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD MINDLESS LABS PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
  4. Exclusion of Warranties, Etc. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS OR CONDITIONS, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY IN FULL TO YOU. WHERE LEGISLATION IN A JURISDICTION IMPLIES IN THE TERMS ANY CONDITION OR WARRANTY THAT CANNOT BE EXCLUDED, MINDLESS LABS’S LIABILITY FOR BREACH THEREOF SHALL BE LIMITED AT MINDLESS LABS’S OPTION TO ONE OR MORE OF THE FOLLOWING: (1) WHERE THE BREACH OF THE CONDITION OR WARRANTY RELATES TO GOODS, THE REPLACEMENT OR REPAIR OF THE GOODS, THE SUPPLY OF EQUIVALENT GOODS OR PAYMENT OF THE COST OF DOING SO; AND (2) WHERE THE BREACH OF THE CONDITION OR WARRANTY RELATES TO SERVICES, THE SUPPLY OF SERVICES AGAIN, OR THE PAYMENT OF THE COST OF HAVING THEM SUPPLIED AGAIN.
  5. LIMITATION ON LIABILITY
  6. Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL MINDLESS LABS PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH MINDLESS LABS PROPERTIES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT MINDLESS LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF MINDLESS LABS PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE MINDLESS LABS PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH MINDLESS LABS PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON MINDLESS LABS PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO MINDLESS LABS PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.  THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A MINDLESS LABS PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A MINDLESS LABS PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A MINDLESS LABS PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
  7. Cap on Liability. UNDER NO CIRCUMSTANCES WILL MINDLESS LABS PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE TOTAL AMOUNT PAID TO MINDLESS LABS BY YOU DURING THE ONE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY (IF APPLICABLE), AND (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES.  THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A MINDLESS LABS PARTY FOR, (A) DEATH OR PERSONAL INJURY CAUSED BY A MINDLESS LABS PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A MINDLESS LABS PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
  8. User Content.  EXCEPT FOR MINDLESS LABS’S OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN MINDLESS LABS PRIVACY POLICY, MINDLESS LABS ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT, USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
  9. Basis of the Bargain.  THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MINDLESS LABS AND YOU.
  10. Remedies

If Mindless Labs becomes aware of any possible violations by you of the Terms, Mindless Labs reserves the right to investigate such violations.  If, as a result of the investigation, Mindless Labs believes that criminal activity has occurred or may occur, Mindless Labs reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities.  Mindless Labs is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in Mindless Labs Properties, including Your Content, in Mindless Labs’s possession in connection with your use of Mindless Labs Properties, to (1) comply with applicable laws, legal process or governmental request; (2) enforce the Terms, (3) respond to any claims that Your Content violates the rights of third parties, (4) respond to your requests for customer service, or (5) protect the rights, property or personal safety of Mindless Labs, its Users or the public, and all enforcement or other government officials, as Mindless Labs in its sole discretion believes to be necessary or appropriate. Please review our Privacy Policy https://mindless.org/privacy to understand how we collect, use, and protect your personal information.

  1. Term and Termination
  2. Term.  The Terms commence on the date when you accept them as described in the Terms herein and remain in full force and effect while you use Mindless Labs Properties, unless terminated earlier in accordance with the Terms.
  3. Prior Use.  Notwithstanding the foregoing, if you used Mindless Labs Properties prior to the date you accepted the Terms, you hereby acknowledge and agree that the Terms commenced on the date you first used Mindless Labs Properties (whichever is earlier) and will remain in full force and effect while you use Mindless Labs Properties, unless earlier terminated in accordance with the Terms.
  4. Termination.  We may suspend or terminate your access to the Services or the Mindless Labs Properties at any time, with or without notice, if you violate these Terms, if required by law, or for any other reason in our sole discretion. You may also stop using the Services at any time. Upon any termination of these Terms, your right to access and use the Services will immediately cease. 
  5. Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service.  Termination of all Services may also include deletion of your password and all related information, and Content associated with or inside your Account (or any part thereof), including Your Content.  Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases.  Mindless Labs will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content.  All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
  6. Copyright & Reporting Infringement
  1. Copyright Rights. We are committed to complying with copyright and related laws, and we require all users of the Services to do the same. This means you may not store any material or content on, or disseminate any material or content over, the Services in any manner that infringes of third-party intellectual property rights, including rights granted by copyright law. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent. ‍
  2. DMCA.  Owners of copyrighted works in the United States who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the US Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. ‍‍
  3. Suspected Infringment.  If you feel that a posted message is objectionable or infringing, we encourage you to contact us immediately. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. Our designated agent (i.e., the proper party) to whom you should address such notice is listed below. ‍‍
  4. Reporting Infringement.  If you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our designated agent with the following information:
    1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
    2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
    3. A description of where the material that you claim is infringing is located on the Services;
    4. Your address, telephone number, and email address;
    5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
    6. A statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
    7. Our designated agent for notice of claims of copyright infringement can be reached as follows:

By Email: legal@mindless.org 

Subject line: DMCA

  1. Access or Use Outside of the United States

Mindless Labs Properties are controlled and offered by Mindless Labs from its facilities in the United States of America. Mindless Labs makes no representations that Mindless Labs Properties are available or appropriate to access or use in locations outside of the United States.  Those who access or use Mindless Labs Properties from other countries or territories do so at their own volition and are responsible for compliance with local law. You may not access to the Services or any features thereof from countries or territories where such access is illegal, banned or restricted, including in any sanctioned countries or territories. You may not export or re-export any Services except in full compliance with all applicable law, including in particular the Export Administration Regulations of the U.S. Department of Commerce. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN TYPES OF WARRANTIES AND CONDITIONS OR LIMITATIONS ON CERTAIN TYPES OF DAMAGES, SO SOME OF THE DISCLAIMERS IN THESE TERMS MAY NOT APPLY TO YOU.

  1. Dispute Resolution. PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT IN THIS SECTION (THE “ARBITRATION TERMS”) CAREFULLY.  IT REQUIRES YOU TO ARBITRATE DISPUTES WITH MINDLESS LABS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
  2. Applicability of Arbitration Terms.  If you have a dispute with us relating to your use of the Site, App, or our Services, please contact us first at Mindless Labs 1935 E Vine St STE 110, Salt Lake City, UT 84121, or email address at legal@mindless.org to attempt to resolve the issue informally. If we are unable to resolve the dispute within sixty (60) days, you and Mindless Labs agree that any dispute, claim, or controversy arising out of or in connection with these Terms or the use of our Services shall be resolved exclusively by final and binding arbitration administered by JAMS rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or Mindless Labs may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). The Arbitration Terms shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of the Terms or any prior version of the Terms. BY ACCEPTING THIS ARBITRATION AGREEMENT YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST MINDLESS LABS ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF.  INSTEAD, BY AGREEING TO THE ARBITRATION TERMS, YOU MAY BRING YOUR CLAIMS AGAINST MINDLESS LABS IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT TH ARBITRATION AGREEMENT.
  3. Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Mindless Labs 1935 E Vine St STE 110, Salt Lake City, UT 84121, or email address at legal@mindless.org. The arbitration shall be conducted in accordance with the JAMS Comprehensive Arbitration Rules and Procedures (available at https://www.jamsadr.com/rules-comprehensive-arbitration) or, if the claim does not exceed $250,000 (excluding interest and attorneys’ fees), the JAMS Streamlined Arbitration Rules and Procedures (available at https://www.jamsadr.com/rules-streamlined-arbitration), at the discretion of the arbitrator. The arbitration shall be conducted by a single arbitrator and shall take place in Salt Lake City, Utah, unless the parties agree otherwise. The arbitration may be conducted virtually (e.g., via videoconference), by telephone, or based on written submissions, at the arbitrator’s discretion or by agreement of the parties. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
  4. Waiver of Jury Trial. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND MINDLESS LABS HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY AND TO PARTICIPATE IN A CLASS ACTION.  
  5. 30-Day Right to Opt-Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address at Mindless Labs 1935 E Vine St STE 110, Salt Lake City, UT 84121, or email address at legal@mindless.org within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Mindless Labs username (if any), the email address you used to set up your Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of the Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
  6. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement and the Terms shall continue in full force and effect.
  7. Survival of Arbitration Agreement. This Arbitration Agreement will survive the termination of your relationship with Mindless Labs.
  8. Modification. Notwithstanding any provision in this Terms to the contrary, we agree that if Mindless Labs makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice to Mindless Labs.
  9. General Provisions.
  1. Electronic Communications. The communications between you and Mindless Labs use electronic means, whether you visit Mindless Labs Properties or send Mindless Labs e-mails, or whether Mindless Labs posts notices on Mindless Labs Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Mindless Labs in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Mindless Labs provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
  2. Release. You hereby release Mindless Labs Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of Mindless Labs Properties, including but not limited to, any interactions with or conduct of other Users or third-party Sites of any kind arising in connection with or as a result of the Terms or your use of Mindless Labs Properties.  If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a Mindless Labs Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Site.
  3. Assignment. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Mindless Labs’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
  4. Force Majeure. Mindless Labs shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
  5. Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to Mindless Labs Properties, please contact us at: Mindless Labs, Mindless Labs 1935 E Vine St STE 110, Salt Lake City, UT 84121, or email address legal@mindless.org. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
  6. Exclusive Venue. To the extent the parties are permitted under this Terms to initiate litigation in a court, both you and Mindless Labs agree that all claims and disputes arising out of or relating to the Terms will be litigated exclusively in the state or federal courts located in Utah.
  7. Governing Law.  THE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF UTAH CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION.
  8. Notice.  Where Mindless Labs requires that you provide an e-mail address, you are responsible for providing Mindless Labs with your most current e-mail address. In the event that the last e-mail address you provided to Mindless Labs is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, Mindless Labs’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Mindless Labs at the following address: 1935 E Vine St STE 110, Salt Lake City, UT 84121. Such notice shall be deemed given when received by Mindless Labs by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.
  9. Waiver. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
  10. Severability.  If any portion of this Terms is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
  11. Export Control.  You may not use, export, import, or transfer Mindless Labs Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Mindless Labs Properties, and any other applicable laws.  In particular, but without limitation, Mindless Labs Properties may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using Mindless Labs Properties, you represent and warrant that (i) you are 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) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use Mindless Labs Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.  You acknowledge and agree that products, services or technology provided by Mindless Labs are subject to the export control laws and regulations of the United States.  You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Mindless Labs products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
  12. Entire Agreement.  The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.