TERMS OF SERVICE AND USE

These Terms of Service and Use constitute a legally binding agreement (this “Agreement”) between you (“you”, “your” or “yours”) and The Healing Lab, LLC. and its subsidiaries and affiliates (“THL,” “we,” “us” or “our”) with respect to your use of The Healing Lab’s applications, websites, and/or technology platforms (collectively, the “THL Platform”) and our Services (as defined below). Please read this Agreement carefully before using The Healing Lab Platform, Applications and our Services.

BY COMPLETING THE REGISTRATION PROCESS AND/OR USING THE THL PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF SERVICE AND USE, PLEASE DO NOT USE THE THL PLATFORM NOW. YOUR REMEDY FOR DISSATISFACTION WITH THE THL PLATFORM, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE THL PLATFORM, IS TO STOP USING THE THL PLATFORM AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE THL PLATFORM.

The date the Terms of Service and Use were last revised is identified at the top of the page. If we make subsequent material changes to the Terms of Service and Use, we will notify you by email to the email address specified in your account and/or through a notice on the Website and THL Platform. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and these Terms of Service and Use to check for any changes. THL reserves the right to update or change the Terms of Service and Use, at any time and for any reason, by posting the modified Terms of Service and Use on the company’s website.

1. The Healing Lab Platform, Permitted Uses and Restrictions on Use

We use the THL Platform to provide exercises, tools, training, tutorials, tools, assessments, and surveys to help with mindfulness and meditation therapies. The THL Platform is a tool to be used by Providers with Patients and families and directly with individuals and families. Your personal information and Personal Health Information (“PHI”) is private. All users must also agree to THL Privacy Policy (https://www.thehealinglab.co/privacy-policy)

The use the THL Platform may involve PHI. THL is in no way responsible for the accuracy or the adequacy of any information. By using the THL Platform, you agree, understand and acknowledge (i) you have not established a legal relationship with THL; and (ii) THL is not providing medical or treatment related advice to you. You acknowledge that you are responsible for taking steps to protect yourself from unauthorized use of online communications, such as, among other things, keeping your password confidential. You agree, understand and acknowledge that, in no event, shall you allow any unauthorized users to access the THL Platform using your user-id and password. THL is not responsible for breaches of confidentiality caused by you or anyone accessing the THL Platform using your user-id and password, whether authorized by you or not.

THL permits you to setup Minor Accounts to service minor children up to eighteen (18) years of age (a “Minor Child”). THL shall not be required to verify the identity or age of any Minor Child prior to providing Services. You, as the Account owner, agree to obtain the consent of each Minor Child’s parent or legal guardian prior registering a minor account. You warrant and represent by establishing a minor account, that you have obtained authority granted by such Minor Child’s parent or legal guardian to use the THL Platform on behalf of the Minor Child. 

You hereby agree to defend, indemnify and hold harmless THL, as well as THL’s officers, directors, employees, agents, or shareholders, from and against any and all claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any misrepresentation by you of such authority or authorization, in connection with the providing of the Services to any Minor Child.

If you are accessing or using the THL Platform on behalf of another person or entity, you represent that you are authorized to accept this Agreement on that person or entity’s behalf, that the person or entity agrees to be bound by this Agreement, and that you shall be jointly and severally responsible to THL if you or the other person or entity violates this Agreement. 

You agree to not use the THL Platform to: (a) transmit any content or domain name that is unlawful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, any THL representative, or misrepresent your affiliation with any person or entity; (d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through THL Platform; (e) upload or otherwise transmit any content that you do not have a right to transmit under any law or under contractual relationships (such as inside information and proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (f) upload or otherwise transmit any content or domain name that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person; (g) upload or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (h) upload or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (i) interfere with or disrupt the Services or servers or networks connected to the THL Platform; or (j) incite or provide instructional information about illegal activities.

You agree to comply with all applicable laws when accessing or using the THL Platform, and you may only access or use the Services for lawful purposes.

2. Modification to the Agreement

We shall have the right at any time and without prior notice, at our sole discretion, to revise this Agreement or to impose new terms and conditions with respect to Access to or Use of the Services. Such revisions and additions shall be effective immediately upon posting the revised or additional terms and conditions. You are responsible for reviewing this Agreement periodically for any modification that may affect your rights or obligations. You agree that you shall be deemed to be apprised of and bound by any modification to this Agreement. Any access of the THL Platform or use of our Services by you after revisions or additions to this Agreement shall constitute and be deemed to be your acceptance of such revisions or additions.

3. Registration Data and Privacy

In order to access some of the services on the THL Platform, you will require a separate account and password that can be obtained by completing our online registration form, which requests certain information and data (“Registration Data”) and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.

You also grant us the right to disclose to third parties certain Registration Data about you, subject to our Privacy Policy. The information we obtain through your use of the THL Platform, including your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Service and Use.

4. Payment of Fees

If you subscribe to a service on the THL Platform that requires payment of a fee, you agree to pay all fees associated with such service. For all charges for services on the THL Platform, we will bill your credit card. Recurring charges are billed in advance of service. You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address and telephone number, and to provide us with any changes in such information within five (5) days of the change.

If, for any reason, your credit card company refuses to pay the amount billed for the service, you agree that we may, at our option, suspend or terminate your subscription to the service and require you to pay the overdue amount by other means acceptable to us. We may charge a fee for reinstatement of suspended or terminated accounts.

You agree that until your subscription to the service is terminated, you will continue to accrue charges for which you remain responsible, even if you do not use the service. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.

5. Termination

You acknowledge and agree that THL may, in our sole discretion, suspend or terminate your account and/or deny you access to or use of all or part of the THL Platform, without prior notice, for any reason, including, without limitation, if you engage in any conduct that THL believes, in its sole discretion: (a) violates any term or provision of this Terms of Service and Use; (b) violates the rights of THL or our partners; or (c) is otherwise inappropriate for continued access and use of the THL Platform. In addition, THL reserves the right to terminate inactive accounts. Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on the THL Platform immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the THL Platform. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension, or any other actions taken by us in connection therewith.

Further, you agree that THL shall not be liable to you or any third party for any termination of your access to the THL Platform. You agree to defend, indemnify, and hold THL harmless from and against any and all claims, losses, liability costs, and expenses (including but not limited to attorneys’ fees) arising from your violation of this Terms of Service and Use, state or federal laws or regulations, or any third party’s rights, including but not limited to infringement of any copyright, violation of any proprietary rights, and invasion of any privacy rights. You acknowledge that this obligation will survive the termination of your use of the THL Platform.

6. Custodians

In the event you elect to provide a custodian access to any PHI (such as through the Care Team access feature), you agree, understand and acknowledge that THL shall not be responsible for any PHI transmitted to such custodian.

7. Links

The THL Platform, from time to time, may provide links to other websites or resources provided by third parties. These links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the THL Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. You acknowledge and agree that THL is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that THL shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.

8. THL Proprietary Rights

You acknowledge and agree that the THL Platform contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information that may have been presented to you through the THL Platform or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws.

All intellectual property rights in The THL Platform, as between you and THL, shall be owned by THL absolutely and in their entirety. These rights include database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same.

You further acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of THL. THL shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

THL and other THL logos, designs, graphics, icons, scripts, and service names are or will be registered trademarks, trademarks or trade dress of THL in the United States (collectively, the “THL Marks”). You acknowledge that THL is the owner of the THL Marks, including all goodwill associated therewith, and you shall have no license or other right to use the same for any purposes without our express prior written consent.

You agree that you will not: (1) create any materials that use the THL Marks or any derivatives of the THL Marks as a trademark, service mark, trade name or trade dress, other than as expressly approved by THL in writing; (2) use the THL Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the THL Marks other than in accordance with the terms, conditions and restrictions herein; (3) take any other action that would jeopardize or impair THL’s rights as owner of the THL Marks or the legality and/or enforceability of the THL Marks, including, challenging or opposing THL’s ownership in the THL Marks; (4) apply for trademark registration or renewal of trademark registration of any of the THL Marks, any derivative of the THL Marks, any combination of the THL Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the THL Marks; or (5) use the THL Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.

THL respects the intellectual property rights of others. If you believe, in good faith, that any material on The THL Platform infringe on your copyrights, please support@thehealinglab.co to file a complaint.

9. No Resale, etc. of the THL Platform or Service

You agree not to copy, sell, resell, rent, or sublicense (including offering the THL Platform to third parties on an applications service provider or time-sharing basis), lease, loan, redistribute, or create a derivative work of any portion of the Website, allow unauthorized use or access to the Website. You agree not to access the THL Platform by any means other than through the interface that is provided by THL for use in accessing the THL Platform.

10. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a) YOUR USE OF THL PLATFORM IS AT YOUR SOLE RISK. THE THL PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THL AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. b) THL AND ITS SUPPLIERS MAKE NO WARRANTY THAT (i) THE THL PLATFORM WILL MEET YOUR REQUIREMENTS; (ii) THE THL PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE THL PLATFORM WILL BE ACCURATE OR RELIABLE; AND (iv) THE QUALITY OF ANY PRODUCTS, WEBSITE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE THL PLATFORM WILL MEET YOUR EXPECTATIONS. THL AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THE TERMS OF SERVICE AND USE OR THE THL PLATFORM, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. THL EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE THL PLATFORM WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE, OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS, INCLUDING BUT NOT LIMITED TO THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (“HIPAA”) AND AS MODIFIED AND AMENDED, THE GRAMM-LEACH-BLILEY ACT OF 1999 AND AS MODIFIED AND AMENDED, THE SARBANES-OXLEY ACT OF 2002 AND AS MODIFIED AND AMENDED, OR OTHER FEDERAL OR STATE STATUTES OR REGULATIONS.

YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE THL PLATFORM, RELATED SERVICES, OR CONTENT IS IN ACCORDANCE WITH APPLICABLE LAW. THL IS NOT RESPONSIBLE FOR ANY INFORMATION NOT PROVIDED IN THE THL PLATFORM. THL DOES NOT GUARANTEE, IMPLICITLY OR EXPLICITLY, ANY RESULTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE THL PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM 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 THL OR THROUGH OR FROM THE THL PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE AND USE.

11. Representations and Warranties

You represent that, to the best of your knowledge and belief, your use of the THL Platform does not directly or indirectly infringe the legal rights of a third party, and you are authorized to use the THL Platform. You further represent and warrant that all information provided by you in connection with your registration is accurate and reliable.

12. Indemnity

You will defend, indemnify, and hold THL including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of The THL Platform any other activities in connection with the use of the THL Platform; in each case, except to the extent such claims, actions, suits, losses, costs, liabilities and expenses relate to or arise out of THL’s own negligence or willful misconduct.

13. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THL AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUES, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE THL PLATFORM; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICE PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE THL PLATFORM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE THL PLATFORM; OR (v) ANY OTHER MATTER RELATING TO THE THL PLATFORM. YOU ALSO AGREE THAT THL WILL NOT BE LIABLE FOR ANY INTERRUPTION OF BUSINESS, ACCESS DELAYS, OR ACCESS INTERRUPTIONS TO THL PLATFORM OR THE WEB SITE(S) YOU ACCESS THROUGH THE THL PLATFORM, DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, AND EVENTS BEYOND THL’S REASONABLE CONTROL.

IN NO EVENT SHALL THL BE FINANCIALLY LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

14. Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

15. General Information

The Terms of Service and Use constitutes the entire agreement between you and THL and governs your use of the THL Platform, superseding any prior agreements between you and THL (including, but not limited to, any prior versions of the Terms of Service and Use) with respect to its subject matter. You acknowledge you may be subject to additional terms and conditions that may apply when you use affiliate or other THL services, third party content, or third party software. Except as otherwise provided herein, the Terms of Service and Use shall be governed by the laws of the State of Nevada without regard to its conflict of law provisions. Except as otherwise provided in the Terms of Service and Use, you and THL agree to submit to the personal and exclusive jurisdiction of the courts located within Clark County, Nevada. The Terms of Service and Use does not limit any rights that THL may have under trade secret, copyright, patent, trademark, or other laws. The failure of THL to exercise or enforce any right or provision of the Terms of Service and Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Service and Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service and Use shall remain in full force and effect. You agree that any claim or cause of action arising out of or related to use of the Service or the Terms of Service and Use must be filed within sixty (60) calendar days (or the minimum amount of time allowed by law if such time is greater than sixty (60) calendar days) after such claim or cause of action arose or be forever barred. The section titles in the Terms of Service and Use are for convenience only and have no legal or contractual effect. The Terms of Service and Use will inure to the benefit of THL and its successors and assigns.

If you have any questions regarding this Agreement, The THL Platform or our Services, please contact us at: support@thehealinglab.co 

© 2023 The Healing Lab, LLC. All rights reserved. No portion of the THL Platform may be copied, retransmitted, reposted, duplicated or otherwise used without the express written permission of The Healing Lab LLC.