User Agreement/Terms of Service

Last Modified: Jan 16, 2024

Medical Disclaimer

Pacific Mind Health (“Pacific Mind Health,” “we,” “us,” or “our”), a Corporation formed in California, and its marketing affiliates do not provide medical advice, diagnosis or treatment through Pacificmindhealth.com (our “Website”). The contents of our Website — such as text, graphics, images and other material — are not intended to diagnose, treat or cure any disease, nor provide any medical opinion or advice. Any subsequent interactions with us, such as with phone operators, are for informational purposes only.

The information provided is for general informational purposes only and is not to be taken as medical advice or treatment information. This information is no substitute for medical diagnosis and guidance from a licensed health care professional. Consult a licensed health care professional regarding all matters relating to your health, particularly concerning any symptoms that may require diagnosis or medical attention. Do not disregard medical advice, or delay or change treatment because of something you have read on our Website.

Although we may cite certain medical procedures, perspectives and products, our Website does not recommend or endorse any specific tests, physicians, facilities, products, procedures, opinions or other information that may be mentioned on the site. Reliance on any information provided by Pacificmindhealth.com, our employees, others appearing on the site at the invitation of Pacificmindhealth.com or other visitors to the site is solely at your own risk.

The Food and Drug Administration does not evaluate the products sold on this Website. These products are not intended to diagnose, treat, prevent, or cure any medical conditions. Individual results may vary. Always consult with a medical health professional before using any product on this Website.

This Website may offer health and fitness advice. This advice is designed for educational purposes only and is not intended to replace the advice, treatment, or diagnosis of a healthcare professional. You should always consult with a healthcare professional before starting any fitness program, diet, or any other change in your healthcare routine. If you experience dizziness, faintness, shortness of breath or pain while exercising, stop immediately, and consult with a healthcare professional. You agree that you assume all responsibility when choosing to act on any of the health or fitness advice contained on this Website.

While we strive earnestly to update our Website’s resources for consumers and professionals, any individual reliance on this information is at the individual’s own risk. We do not guarantee the accuracy of the information found herein, and further disclaim all liability or responsibility for injury or impairment experienced by any users who utilize any resources, information or concepts. For specific medical questions, please consult a licensed health care professional.

Terms & Conditions of Use

By accessing this site and its content, you agree to be bound by the terms and conditions set forth herein. We reserve the right to change the terms and conditions at any time, and you agree to abide by the most recent version posted on this site each time you view it. Accordingly, you are urged to reference the conditions set forth each time you access the Pacificmindhealth.com site. Failure to follow these terms and conditions shall be construed as a violation of this agreement. Your access to and use of the Website is conditional upon your acceptance of and compliance with these terms and conditions of use. These terms and conditions apply to everyone, including, but not limited to: visitors, users, and others, who wish to access or use the Website.

You agree to hold harmless Pacific Mind Health, its shareholders, officers, directors, employees, affiliates and contributors from all claims arising out of, or related to, the information contained within this site, access or use of, or inability to access or use the Pacificmindhealth.com site.

Unless otherwise stated, all content contained herein, including but not limited to, the graphic images, audio, video, text, html codes and buttons contained herein and their arrangements, are owned or licensed by Pacific Mind Health and/or its contributors and may not be copied, reproduced, republished, posted, transmitted or distributed in any way without the prior written consent of Pacific Mind Health. Nothing contained in this site shall be construed as conferring by implication, estoppel, or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of Pacific Mind Health or any third party. All trademarks used or referred to in the Pacificmindhealth.com site are the property of Pacific Mind Health and/or their respective owners.

The information provided on this site is free of charge and for informational purposes only and does not create any relationship between you and Pacific Mind Health or any of its officers, shareholders, owners, employees, affiliates or representatives. Links on this site may lead to services or sites not operated by Pacific Mind Health. No judgment or warranty is made with respect to such other services or sites, and Pacific Mind Health takes no responsibility for such other sites or services. A link to another site or service is not an endorsement of that site or service. Any use you make of the information provided on this site, or any site or service linked to or by this site, is at your own risk.

Pacific Mind Health makes no representation or warranty of any kind with respect to this site or any service accessible through this site. Pacific Mind Health expressly disclaims all express and implied warranties including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. In no event will Pacific Mind Health or its affiliates be liable to any party for any direct, indirect, incidental, special, exemplary, consequential or other damages (including, but not limited to, lost profits, business interruption, loss of programs or data) without regard to the form of action and whether in contract, tort, negligence, strict liability or otherwise, arising out of or in connection with this site, any content on or accessed through this site or any site service linked to, or any copying, displaying or use thereof.

Pacific Mind Health currently maintains this site in Los Angeles, U.S.A. By using this site and agreeing to these terms and conditions of use, you agree that any legal action or proceeding relating to this site shall be governed by the laws of the State of California without reference to its choice of law rules, and without regard to where in the world you are located, or from where in the world you have visited this site. The user is responsible for complying with the laws of the jurisdiction from which the user is accessing this site and agrees that he/she will not access or use the information on this site in violation of such laws.

Prohibited uses

You agree that you will use this Website in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses:

1. Impersonating or attempting to impersonate Pacific Mind Health or its employees, representatives, subsidiaries or divisions;
2. Misrepresenting your identity or affiliation with any person or entity;
3. Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;
4. Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability;
5. Using the Website in any manner that could disable, overburden, damage or impair the Website or interfere with another party’s use of the Website;
6. Using any robot, spider or other similar automatic technology, process or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website;
7. Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose;
8. Using any device, software, means or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;
9. Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website;
10. Attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack;
11. Otherwise attempting to interfere with the proper working of the Website;
12. Using the Website in any way that violates any applicable federal, state or local laws, rules or regulations.

NO WARRANTY ON WEBSITE

THIS WEBSITE IS PROVIDED “AS IS,” NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO THIS WEBSITE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

Availability, errors and inaccuracies

We assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Website. We may experience delays in updating information on this Website and in our advertising on other websites. The information, products and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Website. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us.

DAMAGES AND LIMITATION OF LIABILITY

IN NO EVENT SHALL PACIFIC MIND HEALTH BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, RELATING TO OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE, INCLUDING BUT NOT LIMITED TO YOUR RELIANCE UPON OPINIONS OR INFORMATION APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED WEBSITES OPERATED BY THIRD PARTIES, PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES OR OTHERWISE, EVEN IF PACIFIC MIND HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Links to third party websites

This Website may contain hyperlinks to websites operated by third parties and not by us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from this Website or other websites or applications, is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Intellectual property and DMCA notice and procedure for intellectual property infringement claims

All contents of this Website are ©2021 – 2024 Pacific Mind Health or third parties. All rights reserved. Unless specified otherwise, this Website and all content and other materials on this Website including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, “Content”) are the proprietary property of Pacific Mind Health and are either registered trademarks, trademarks or otherwise protected intellectual property of Pacific Mind Health or third parties in the United States and/or other countries.

If you are aware of a potential infringement of our intellectual property, please contact Joshua Flatow at [email protected].

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark or other intellectual property rights of any person or entity.

If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights – DMCA.” Your notice to us must include the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
2. A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
3. Your name, email, address and telephone number; and
4. A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.

Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Website.

You may submit your claim to us by contacting us at:

Pacific Mind Health
Joshua Flatow
[email protected]
7708551464
320 Pine Ave, Suite 609, Long Beach, CA 90802
UNITED STATES

Governing law, severability, dispute resolution and venue

These Terms shall be governed and construed in accordance with the laws of the state of California, United States, without regard to its conflict of laws provisions. THESE TERMS SHALL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE SALE OF INTERNATIONAL GOODS, THE UNIFORM COMMERCIAL CODE, NOR INCOTERMS.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Website, and supersede and replace any prior agreements we might have had with you regarding the Website.

Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in Los Angeles County County, California.

YOU AND PACIFIC MIND HEALTH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION.

Changes to Terms of Service

We reserve the right to make changes to these Terms of Service at any time without any prior notice. We will not provide you with any notice when we make changes to this Terms of Service.

Questions

If you have any questions about our Terms of Service or User Agreement, please contact us at [email protected].