Terms of Use | Absolutely Mental Audio Series

Last Updated: April 14th, 2022

I. INTRODUCTION

Please review these terms and conditions (“Terms”) carefully.

This is a legally binding agreement between you (“you” or “user”) and Absolutely Mental, LLC (“Absolutely Mental,” “we,” or “us”). These Terms govern your access and use of our owned and operated website, currently available at www.absolutelymental.com, the Absolutely Mental mobile application, and all associated features, applications, widgets and their respective contents branded as Absolutely Mental, including without limitation any new features and applications (collectively, the “Services”). By using the Services in any manner, you agree that you have read and understood all of the terms, have taken the time and assistance needed to comprehend the consequences of accepting this agreement, and agree to be bound by the terms and conditions herein to the exclusion of all other terms. If you are unable or unwilling to be bound by these Terms, you may not access or otherwise use the Services.

IN PARTICULAR, PLEASE REVIEW SECTION VIII CAREFULLY AS IT REQUIRES THE PARTIES TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS, TO THE FULLEST EXTENT PERMITTED BY LAW, THROUGH FINAL AND BINDING ARBITRATION. IT ALSO INCLUDES A JURY WAIVER AND A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. BY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS, INCLUDING SECTION VIII.

We may, in our sole discretion, modify these Terms with or without notice to you. The “Last Updated” date at the top of these Terms will indicate when the latest modifications were made. By continuing to access and use the Services after these Terms have been modified, you are agreeing to such modifications. Therefore, you should review these Terms prior to each use of the Services. In addition, when using particular services or features, you shall be subject to any posted guidelines or policies applicable to such services, features or purchases that may be posted from time to time. All such guidelines or policies are hereby incorporated by reference into these Terms.

By accessing or using our Services, you confirm that you are of legal age in the jurisdiction in which you reside to form a contract with us. If you are under the age of eighteen (18), you represent that you are either an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms, submit content, participate through the Services and fulfill the obligations set forth in these Terms.

Absolutely Mental and you are hereinafter referred to from time to time, individually as “party” and collectively as “parties.”

II. LICENSE, COMMUNICATIONS, PRIVACY

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use the Services solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Absolutely Mental, its licensors, and other content suppliers.

You expressly agree that, as part of the Services, you may receive communications from us in electronic form via the email you have submitted. You agree that these Terms (including all updates thereto), agreements, notices, disclosures, and other communications that we may provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. We may also use your email address to send you other messages, including to (i) respond to your requests, inquiries, comments, and suggestions; and (ii) to communication with you about products, services, offers, promotions, and events we offer and provide news and information we think will be of interest to you. You may stop receiving our promotional emails by clicking the unsubscribe links contained in such emails or by emailing your request to opt out to info@absolutelymental.com

Use of the Services is subject to the terms of our Privacy Policy, which is hereby incorporated into and made part of these Terms. Please carefully review our Privacy Policy. By using the Services, you acknowledge that you have read, and you agree to be bound by, the terms of our Privacy Policy. We reserve the right, and you authorize us, to use information regarding your use of the Services and any other personal information provided by you in accordance with our Privacy Policy. You further acknowledge and agree that any disputes related to the Privacy Policy, including any breaches in security or privacy, will be subject to the limitations on liability and dispute resolution provisions contained herein.

III. COPYRIGHT; TRADEMARKS

You acknowledge that all materials on the Services, including the Services’ design, graphics, text, sounds, pictures, videos, software and other files and the selection and arrangement thereof (collectively, “Materials”), are the property of Absolutely Mental or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. You will not obtain any ownership interest in the Materials or the Services through these Terms or otherwise. The posting or display of any Materials does not constitute a waiver of any rights in such Materials. All rights to Materials not expressly granted in these Terms are reserved to their respective copyright owners. Except as expressly authorized by these Terms or on the Services, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of Absolutely Mental or the respective copyright owner. Absolutely Mental authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. You may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, “Marks”) contained or described on the Services (including, without limitation, any marks associated with any products available on the Service) are the sole property of Absolutely Mental and/or its licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of Absolutely Mental and/or licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of Absolutely Mental and may not be copied, imitated or otherwise used, in whole or in part, without our prior written authorization.

None of the Materials may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, re-transmitted in any form or by any means (electronic, mechanical, photocopying, recordation, photo-reproduced, or otherwise), or reproduced without the express prior written permission of Absolutely Mental or its licensors.

You must not hack the Services or perform any other activity that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information. You must not perform any activity to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment. You may not use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Services, or in any way reproduce or circumvent the navigational structure or presentation of any of the Services, or to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Services. We reserve the right to bar any such activity.

You may link to any of our Services from your website, blog, application, platform, or services, provided that (a) the link redirects the user to the respective Service when the user clicks on the link; (b) you do not insert any intermediate page, splash page, or other content between the link and the Services; (c) you do not use the content in a manner that suggests Absolutely mental, the Services, or individuals featured in the Services promote or endorse your or any third party’s cause, idea(s), product(s), site(s), application(s), platform(s), or service(s); you do not use the Services or any portion thereof for commercial purposes; and (e) you do not use the Services in any way that is unlawful or harmful to any individual or entity.

Absolutely Mental will enforce its intellectual property rights to the fullest extent of the law.

From time to time, you may provide us with comments, suggestions, or ideas for enhancements or improvements, including new features, materials, and other content (“Feedback”). Absolutely Mental shall have the full, unencumbered right to use, incorporate, and otherwise fully exercise and exploit any such Feedback, for any purposes, commercial or otherwise, without notice to you or acknowledgement or compensation to you.

We respect the intellectual property rights of others. If you believe your intellectual property is being violated by our Services, please submit a complaint and request for takedown of specific material to info@absolutelymental.com. Be sure to provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the location on the Services and the material you claims is infringing; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

IV. LINKS; THIRD-PARTY WEBSITES

We may provide links to third-party websites, services and applications that are not operated or controlled by Absolutely Mental. We provide these links as a convenience to you. If you use these links, you will leave the Services. Your dealings with third parties through links to such third-party websites are solely between you and such third parties. You agree that Absolutely Mental and its Representatives will not be responsible or liable for any content, goods, or services provided on or through these outside websites or for your use or inability to use such websites. You use these links at your own risk. You are advised that other websites on the Internet, including third-party websites linked from the Services, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others’ rights or otherwise unlawful. Absolutely Mental expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third-party website or application.

Without limiting the foregoing, your correspondence or business dealings with, participation in promotions of or purchases from third parties found on or through the use of the Services, including payment for and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that Absolutely Mental and its Representatives shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Services.

All payment processing and order fulfillment for the Services is provided by a third-party service provider www.stripe.com. By linking to, clicking on, and using those services, you agree to be bound exclusively by the Terms of Use and Privacy Policy atwww.stripe.com, and you release Absolutely Mental from any claims arising from your use of www.stripe.com

V. DISCLAIMER; LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, ABSOLUTELY MENTAL AND ITS RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES AND ABSOLUTELY MENTAL’S VENDORS AND BUSINESS PARTNERS (COLLECTIVELY, “ABSOLUTELY MENTAL AND ITS REPRESENTATIVES”). EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, ABSOLUTELY MENTAL AND ITS REPRESENTATIVES MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, YOUR MOBILE DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE ABSOLUTELY MENTAL AND ITS REPRESENTATIVES ON OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

ALL SERVICES OBTAINED ON OR THROUGH THE SERVICE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE DISTRIBUTORS AND/OR SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ABSOLUTELY MENTAL AND ITS REPRESENTATIVES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES, WITH RESPECT TO THE SERVICES LISTED ON OR THROUGH THE SERVICES.

ABSOLUTELY MENTAL AND ITS REPRESENTATIVES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH, OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING ANY LIABILITY (I) AS A PUBLISHER OF INFORMATION; (II) FOR ANY INCORRECT OR INACCURATE INFORMATION; (III) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA; (IV) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (VI) FOR ANY OTHER MATTER RELATING TO THE SERVICES OR ANY THIRD-PARTY WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ABSOLUTELY MENTAL AND YOU. THE INFORMATION AND SERVICES OFFERED ON AND THROUGH THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF ABSOLUTELY MENTAL AND ITS REPRESENTATIVES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY INFORMATION OR SERVICE PURCHASED BY YOU FROM ABSOLUTELY MENTAL ON THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ABSOLUTELY MENTAL ANY AMOUNTS FOR ANY INFORMATION OR SERVICE PRIOR TO THE DATE ON WHICH YOU FIRST ASSERT ANY CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO STOP USING THE SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIABILITY ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

VI. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Absolutely Mental and its Representatives against all claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable attorneys’ fees, resulting or arising from or relating to your use of the Services, your breach of these Terms, your infringement or violation of any rights of another, or termination of your access to the Services.

VII. SERVICE USAGE; TERMINATION OF USAGE

If you provide information on the Services, you agree to provide true, accurate, current and complete information about yourself as prompted by the Services. If you provide any information that is false, inaccurate, outdated or incomplete, or we have reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, we have the right to prohibit any and all current or future use of the Services (or any portion thereof) by you.

You agree to use the Services only for lawful purposes, and that you are responsible for your use of the Services. You agree not to use the Services in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the Services.

You further agree that you will not access the Services by any means except through the interface provided by Absolutely Mental for access to the Services. Running or displaying the Services or any information or material displayed on the Services in frames or through similar means on another website or application without our prior written authorization is prohibited. Any permitted links to the Services must comply with all applicable laws, rules, and regulations.

Absolutely Mental makes no representation that Materials contained on the Services or products described or offered on the Services are appropriate or available for use in jurisdictions outside the United States, or that these Terms comply with the laws of any other country. Visitors who use the Services and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access the Services from any territory where its contents are illegal, and that you, and not Absolutely Mental and its Representatives, are responsible for compliance with applicable local laws.

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time, provided that you discontinue any further use of the Services. We also may terminate or suspend these Terms, at any time, without notice, and accordingly deny you access to the Services, for any reason, including for any conduct that we, in our sole discretion, believe is in violation of these Terms or any applicable law, or is harmful to the interests of another user or Absolutely Mental and its Representatives.

Absolutely Mental reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. Except as otherwise expressly stated in these Terms, you agree that Absolutely Mental and its Representatives shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Services.

Sections V-XII shall survive any termination of these Terms.

VIII. APPLICABLE LAW; JURISDICTION; DISPUTE RESOLUTION

(a) The Services are controlled and operated by Absolutely Mental from within the United States of America. Absolutely Mental makes no representations or warranties that the content or materials of the Services are appropriate or lawful in any foreign countries, or that any items or applications offered for sale or download through links on the Services will be available outside the United States. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

(b) These Terms shall be governed by the laws of the United States and the State of California, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. The parties agree that any claim or dispute one party has against the other party arising under or relating to these Terms (including claims in contract, tort, strict liability, statutory liability, or other claims) that is not resolved under Section VIII (c) of these Terms must be resolved exclusively by a court of competent jurisdiction, federal or state, located in Los Angeles, California, and no other court. Each party agrees to submit to the personal jurisdiction of such courts and to accept service of process from them.

(c) These Terms shall be governed by, construed, and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles.

It is Absolutely Mental’s goal that the Services meet your expectations. However, there may be instances when you have a problem or dispute that needs special attention. In those instances, Absolutely Mentalis committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with us, you acknowledge and agree that you will first give Absolutely Mental an opportunity to resolve your problem or dispute. This includes you first sending a written description of your problem or dispute using the following email address: info@absolutelymental.com

You then agree to negotiate with Absolutely Mental in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after our receipt of your written description of it, you agree to the further dispute resolution provisions below.

You agree that the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of the Service or these Terms, shall be final and binding arbitration, except to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate Absolutely Mental or any third-party patent, copyright, trademark, trade secret, privacy or publicity rights, in which case you acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought by Absolutely Mental and/or the applicable third party(ies). You and we acknowledge that these Terms affect interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under these Terms (despite any other choice of law provision).

Arbitration under these Terms shall be conducted by the American Arbitration Association (the “AAA”). For claims of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for claims over $75,000, the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Upon your filing of the arbitration demand, we will pay all filing, administration and arbitrator fees for claims that total less than $75,000. For claims that total more than $75,000, the payment of filing, administration and arbitrator fees will be governed by the AAA Commercial Arbitration Rules. You and we agree to pay our own other fees, costs, and expenses, including those for any attorneys, experts, and witnesses. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees. In addition, for claims under $75,000 as to which you provided notice and negotiated in good faith with Absolutely Mental as required above before initiating arbitration, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, Absolutely Mental agrees not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law. As a limited exception to the agreement to arbitrate, you and we agree that you may take claims to small claims court, if your claims qualify for hearing by such court.

YOU HAVE A RIGHT TO OPT OUT OF THIS ARBITRATION AGREEMENT. IF YOU DO NOT AGREE TO THIS MANDATORY ARBITRATION PROVISION WITH REGARD TO ANY PARTICULAR INTERACTION WITH THE SERVICES, THEN WITHIN THIRTY (30) DAYS FROM THE DATE OF SUCH INTERACTION, YOU MAY OPT OUT OF THIS PART OF THESE TERMS BY SENDING AN EMAIL TO info@absolutelymental.com Any opt-out received after the thirty (30) day time period will not be valid and you must pursue your claim via arbitration pursuant to these Terms.

To the fullest extent permitted by applicable law, NO ARBITRATION OR OTHER CLAIM UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In the event that this CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction and not in arbitration.

WE BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND ABSOLUTELY MENTAL BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN US.

In no event shall any claim, action or proceeding by you related in any way to the Service or these Terms be instituted more than one (1) year after the cause of action arose.

IX. MOBILE SERVICES

The following applies to users of the Absolutely Mental mobile application (the “App”). The use of the App requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require internet access, which must be obtained from your service provider. You are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You may be required to send and receive, at your cost, electronic communications relate dot the App, including without limitation, administrative messages, service announcements, diagnostic data reports, and App updates, from Absolutely Mental, your mobile carrier or third-party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the App. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the App, including but not limited to payment of all third-party fees associated therewith, including fees for information sent to or through the App.

We do not warrant that the App will be compatible with your network provider or device. You acknowledge and agree that we may release updates to the App and that you may be required to install any such update in order for the App to continue functioning properly. You may not export any of our mobile applications except in compliance with all applicable laws.

iOS App

The following applies if you obtain the App from Apple, Inc.’s (“Apple”) App Store: You acknowledge and agree that these Terms of Use are solely between you and Absolutely Mental, not Apple, and that Apple has no responsibility for the App or the contents thereof. Your use of the App must comply with the App Store Terms of Service or other terms applicable to the use of the App. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple and Apple will be responsible for any refund of purchase price for the App, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. You acknowledge that Apple is not responsible for addressing any claims by you or by any third party relating to the App or your possession and/or use of the App, including but not limited to, (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation. All such claims are governed solely by these Terms and any law applicable to Absolutely Mental as the provider of the App.

You acknowledge that in the event of a claim that the App and your possession and use thereof infringes a third party’s intellectual property rights, Absolutely Mental, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms.

You represent and warrant that (a) 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 (b) you are not listed on any U.S. government list of prohibited or restricted parties.

You and Absolutely Mental acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of these Terms that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

Google Play App

The following applies if you obtain the App from Google Play (or its successors) operated by Google Inc. (“Google”). You acknowledge and agree that these Terms are solely between you and Absolutely Mental, not Google and that Google has no responsibility for the App or the contents thereof. Your use of the App must comply with the Google Play Terms of Use or other terms applicable to the use of the App. You acknowledge that Google bears no obligation or responsibility for maintenance and support services with respect to the App. To the maximum extent permitted by applicable law, Google will have no warranty obligation whatsoever with respect to the App and any claims, losses, liabilities, damages, costs, or expenses attributable to any failure of the App to conform to any warranty will be solely governed by these Terms and any law applicable to Absolutely Mental as a provider of the App.

X. SEVERABILITY; INTERPRETATION

If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in these Terms, the term “including” shall be deemed to be followed by the words “without limitation.”

XI. ENTIRE AGREEMENT

These Terms, including the Privacy Policy and other policies incorporated herein, constitutes the entire and only Agreement between Absolutely Mental and each user of the Services with respect to the subject matter of these Terms and supersedes any and all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of these Terms.

XII. MISCELLANEOUS

The failure of Absolutely Mental and its Affiliated Parties to insist upon strict adherence to any provision of these Terms shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other provision of these Terms.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or relating to use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose, or will be forever barred. The “Disclaimer; Limitation of Liability” provisions of this Agreement are for the benefit of Absolutely Mental and its Affiliated Parties as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

XIII. CONTACT INFORMATION

If you have any comments, questions, or complaints regarding these Terms or the Services, or wish to report any violation of these Terms, please contact us at info@absolutelymental.com. We will address any issue to the best of our abilities as soon as possible.