Terms of Service
1. ACCEPTANCE OF TERMS
These Terms and Conditions (the “Terms”) govern the relationship between you and GROWTHMIND LABS LIMITED, a legal entity incorporated under the laws of the United States of America, with its registered office at 3500 South Dupont Highway, Dover, DE, 19901, in the County of Kent (“we,” “us,” “our,” or the “Company”) concerning your use of the Company’s website and other services (the “Website” or the “Service”), including all textual, graphic, video, music, software, and other content available through the Service (the “Content”).
1.2. Your access and use of the Service constitute your agreement to be bound by these Terms, establishing a legally binding contractual relationship between you and the Company. PLEASE READ THE TERMS CAREFULLY BEFORE USING THE SERVICE..
1.3. Please also review our Privacy Policy. The terms of the Privacy Policy and other supplemental terms, policies, or documents that may be posted on the Service from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason.
1.4. Any translation from the English version is provided for your convenience only. In case of any difference in meaning or interpretation between the English language version of these Terms available at Terms and any translation, the English language version will prevail. The original English text shall be the sole legally binding version.
1.5. Unless otherwise expressly provided herein, we will alert you about any changes by updating the "Last updated" date of these Terms, and you waive any right to receive specific notice of each such change.
1.6. The actual identities and photographs of professionals on the platform are concealed to uphold privacy and confidentiality.
1.7. THESE TERMS CONTAIN IMPORTANT DISCLAIMERS (SECTION 2), DISCLAIMERS OF WARRANTIES (SECTION 8), LIMITATION OF LIABILITY (SECTION 9), AND PROVISIONS THAT WAIVE YOUR RIGHT TO A JURY TRIAL, RIGHT TO A COURT HEARING, AND RIGHT TO PARTICIPATE IN A CLASS ACTION (ARBITRATION AND CLASS ACTION WAIVER). UNLESS YOU OPT OUT WITHIN 30 DAYS OF FIRST USE OF OUR SERVICE AS PROVIDED FOR IN SECTION 12, ARBITRATION IS THE EXCLUSIVE REMEDY FOR ALL DISPUTES AND IS MANDATORY EXCEPT AS SPECIFIED BELOW IN SECTION 12.
1.8. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO BE BOUND BY THESE TERMS, THEN DO NOT ACCESS OR USE THE WEBSITE AND THE SERVICE.
2. IMPORTANT DISCLAIMERS
- WE MAKE NO GUARANTEES THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS OBTAINED FROM USING THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR PROVIDE ANY BENEFIT.
- THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE. The information, including but not limited to, text, graphics, images, and other material contained on this website, is for informational purposes only. No material on this site is intended to substitute for professional medical advice, diagnosis, or treatment. Always seek advice from your physician or other qualified health provider with any questions you may have regarding a medical condition or treatment, and before undertaking a new healthcare regimen. Never disregard professional medical advice or delay in seeking it because of something you have read on this website.
3. ACCOUNT REGISTRATION
3.1 In order to use certain features of the Service, you may need to register an account ("Account") and provide certain information about yourself as prompted by the registration form.
3.2 If you register an Account, you represent and warrant to the Company that: (i) all required registration information you submit is truthful and accurate; (ii) you will maintain the accuracy of such information; and (iii) your use of the Service does not violate any applicable law or regulation or these Terms. Otherwise, the Service may not operate correctly, and we may not be able to contact you with important notices.
3.3 The Service is not intended to be used by individuals under the age of 16. You hereby represent and warrant to the Company that you meet the foregoing qualification. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Service. If you are a minor, you must have your parent or guardian read and agree to these Terms prior to your using the Service.
3.4 The Company reserves the right to suspend or terminate your Account, or your access to the Service, with or without notice to you, in the event that you breach these Terms.
3.5 You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify the Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
4. Service
4.1 When you use the Service, you represent and warrant to the Company that: (i) all required information you submit is truthful and accurate; (ii) your use of the Service does not violate any applicable law or regulation or these Terms.
4.2. The Company reserves the right to suspend or terminate your use of the Service, or your access to the Service, in the event that you breach these Terms.
4.3 The Service may be modified, updated, interrupted, or suspended at any time without notice to you or our liability.
4.4 You are solely responsible for obtaining the equipment and telecommunication services necessary to access the Service, and all fees associated therewith (such as computing devices and Internet service provider and airtime charges).
4.5 We retain the right to implement any changes to the Service (whether to free or paid features) at any time, with or without notice. You acknowledge that a variety of Company's actions may impair or prevent you from accessing the Service at certain times and/or in the same way, for limited periods or permanently, and agree that the Company has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any content or services.
4.6 Your access to and use of the Service is at your own risk. To the extent permitted by law, the Company will have no responsibility for any harm to your computing system, loss of data, or other harm to you or any third party, including, without limitation, any bodily harm, that results from your access to or use of the Service, or reliance on any information or advice.
4.7 The Company has no obligation to provide you with customer support of any kind. However, the Company may provide you with customer support from time to time, at the Company's sole discretion.
5. THIRD-PARTY ADS, INTELLECTUAL PROPERTY, USER CONTENT
5.1 The Service may contain links to third-party websites or resources and advertisements for third parties (collectively, "Third-Party Ads"). Such Third-Party Ads are not under the control of the Company, and the Company is not responsible for any Third-Party Ads. The Company provides these Third-Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Ads. Advertisements and other information provided by Third-Party Ads may not be wholly accurate. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
5.2 You hereby release us, our officers, employees, agents, and successors from claims, demands, and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of any users of the Service, or any Third-Party Ads.
5.3 Subject to these Terms, the Company grants you a non-transferable, non-exclusive, revocable license (without the right to sublicense) to use the Service solely for your personal, non-commercial purposes.
5.4 You agree that your use of the Service will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties. You agree to comply with all applicable laws, regulations, and ordinances relating to the Service or your use of it.
5.5 You acknowledge that all the text, images, marks, logos, compilations (meaning the collection, arrangement, and assembly of information), data, other content, software, and materials displayed on the Service or used by the Company to operate the Service (including the Content and excluding any User Content) is proprietary to us or to the third parties.
5.6 The Company expressly reserves all rights, including all intellectual property rights, in all of the foregoing. Except as expressly permitted by these Terms, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation, or other exploitation of them is strictly prohibited. The provision of the Service does not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights.
5.7 The information you submit to us and any data, text, and other material that you may submit to the Service ("User Content") remain your intellectual property, and the Company does not claim any ownership of the copyright or other proprietary rights in such registration information and the User Content.
5.8 You grant the Company the non-exclusive, worldwide, transferable, perpetual, irrevocable right to publish, distribute, publicly display, and perform the User Content in connection with the Service.
6. PAYMENTS AND REFUNDS
6.1 Certain features of the Service may be offered for a fee. You can make a purchase directly through us (the “Purchase”).
6.2 To the maximum extent permitted by applicable laws, we may change the Purchase fee at any time. We will give you reasonable notice of any such pricing changes by posting the new prices on or through the Service.
6.3 You authorize us to charge the applicable fees to the payment method that you submit.
6.4 To the extent permitted by applicable law, Purchases made via our website are non-refundable and/or non-exchangeable, unless otherwise stated herein or required by applicable law.
Note for EU Residents: If you are an EU user, you have the right to withdraw from the service agreement and agreement for digital goods without charge and without giving any reason within fourteen (14) days from the date of such agreement conclusion. The withdrawal right does not apply if the performance of the agreement has begun with your prior express consent and acknowledgment.
7. USER REPRESENTATIONS AND RESTRICTIONS
7.1 By using the Service, you represent and warrant that:
- You have the legal capacity and agree to comply with these Terms.
- You are not under the age of 16.
- You will not access the Service through automated or non-human means, whether through a bot, script, or otherwise.
- You will not use the Service for any illegal or unauthorized purpose.
- Your use of the Service will not violate any applicable law or regulation.
7.2 If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to refuse any and all current or future use of the Service.
7.3 As a user of the Service, you agree not to:
- Systematically retrieve data or other content from the Service to create a compilation without written permission from us.
- Use the Service for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended.
7.4 You may not infringe these Terms or attempt to bypass any measures of the Service designed to prevent or restrict access to the Service.
8. DISCLAIMER OF WARRANTIES
8.1 THE WEBSITE, CONTENT, AND OTHER ASPECTS OF THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE". THE WEBSITE, CONTENT, AND OTHER ASPECTS OF THE SERVICE ARE PROVIDED WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
9. LIMITATION OF LIABILITY
9.1 IN NO EVENT SHALL WE (AND OUR AFFILIATES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICE.
9.2 NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE AGGREGATE LIABILITY OF THE COMPANY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE WEBSITE, CONTENT, OR SERVICE IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO THE COMPANY FOR THE SERVICE.
10. MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
10.1 PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. YOU CLAIM AGREE THAT ANY MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION.
10.2 YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING.
10.3 ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICE, OR THE PRIVACY POLICY MUST BE SETTLED BY BINDING ARBITRATION.
10.4 YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM FIRST USE OF THE SERVICE BY WRITING TO support@bestself-adhd.com.
11. GOVERNING LAW
11.1 The Client shall indemnify and hold the Company, its affiliates, officers, directors, employees, agents, legal representatives, licensors, subsidiaries, joint ventures, and suppliers harmless from any claims or demands, including reasonable attorneys’ fees, made by any third party arising from or related to the Client’s breach of this Agreement, use of the Services, or violation of any laws or third-party rights in connection with the Client’s breach of this Agreement or use of the Services.
11.2 To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction of:
11.2.1 the state and federal courts in the City of Alexandria, Virginia – if you are a resident of the United States; or
11.2.2 the courts of Las Vegas, United States – if you are not a resident of the United States;
and you hereby irrevocably submit to personal jurisdiction and venue in such courts, and waive any defense of improper venue or inconvenient forum.
12. MISCELLANEOUS PROVISIONS
12.1 No delay or omission by us in exercising any of our rights occurring upon any noncompliance or default by you with respect to these Terms will impair any such right or be construed to be a waiver thereof, and a waiver by the Company of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained.
12.2 Subject to Section 13, if any provision of these Terms is found to be invalid or unenforceable, then these Terms will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law.
12.3 Except as otherwise expressly provided herein, these Terms set forth the entire agreement between you and the Company regarding its subject matter, and supersede all prior promises, agreements or representations, whether written or oral, regarding such subject matter.
12.4 The Company may transfer or assign any and all of its rights and obligations under these Terms to any other person, by any way, including by novation, and by accepting these Terms you give the Company consent to any such assignment and transfer. You confirm that placing on the Service of a version of these Terms indicating another person as a party to the Terms shall constitute valid notice to you of the transfer of Company's rights and obligations under the Agreement (unless otherwise is expressly indicated).
12.5 All information communicated on the Service is considered an electronic communication. When you communicate with us through or on the Service or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication. You further acknowledge and agree that by clicking on a button labeled "SUBMIT", "CONTINUE", "ADD TO CART", "PAY" or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SERVICE.
12.6 In no event shall the Company be liable for any failure to comply with these Terms to the extent that such failure arises from factors outside the Company's reasonable control.
Contact
If you have questions or need to send a notice under these Terms, you may contact us at: support@bestself-adhd.com
I HAVE READ THESE TERMS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.