Terms of Service
Terms of Use
Last Modified: 04/17/2026]
Acceptance of the Terms
Please read this before using our site or services. These terms of use (“Terms”) are entered into by and between you and Mind Lumen, a California nonprofit (“Mind Lumen” or “we” or “us” or “Company”). By using or accessing Mindlumen.org (“Website”) or the Lumara platform (“Lumara” collectively, with Website, the “Services”), you agree to these Terms and our Privacy Policy, which is incorporated herein by reference. If you don't agree, please don't use our Services.
This Services is offered and available to users who 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Services, you represent and warrant that you (i) are of legal age to form a binding contract with the Company; (ii) have the legal authority to agree to these Terms; (iii) have read and agree to our Terms and Privacy; and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.
Who We Are
Mind Lumen is a nonprofit whose mission is to bring greater transparency and ethical accountability to the psychedelic healing field — through independent ethics certification, education, and advocacy. Mind Lumen focuses on ethics. We are not a law enforcement agency, a licensing board, a regulatory board, or a body with legal enforcement authority of any kind. We do not monitor or enforce legal compliance by any user of our Services.
In addition, Mind Lumen engages Lumara, a platform that provides harm and risk reduction navigation services to educate seekers when exploring psychedelic assisted care. Lumara integrates Mind Lumen’s ethics certification as one of the criteria in its navigation services.
Both seekers and practitioners pay membership fees to access the Services. For ethics certifications, practitioners also pay a certification program fee on a sliding scale basis, subject to the terms and conditions of the applicable agreement(s) by and between Mind Lumen and such practitioner regarding such certification. These fees support the operation of our Services and are not tied to certification outcomes. In other words, paying a fee does not guarantee certification, influence a practitioner’s ethics score, create any preferential treatment or endorsement or recommendation of any particular practitioner. We do not take commissions or fees from transactions between practitioners and seekers.
Our Ethics Certification Program
Mind Lumen issues ethics certifications and scores to practitioners in the psychedelic healing space. The certification is an independent assessment of a practitioner that evaluates such practitioner with respect to certain ethics standards based on Mind Lumen’s own certification process and the information available to Mind Lumen at the time of certification.
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What the Certification Means (and Doesn’t Mean)
While Mind Lumen’s certification reflects a practitioner’s ethical standing assessed at the time of certification, the certification does not mean or imply that:
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We recommend or endorse that specific practitioner.
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We guarantee their safety, skill, or fitness for any purpose.
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We cannot change the certification or score. As circumstances change and new information come to light, a certification or score may be revised, adjusted, or revoked as appropriate or necessary.
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How We Assess Ethical Standing
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Ethics is not binary and our certification does not declare a practitioner “ethical” or “unethical.” Mind Lumen independently develops and applies its own ethics criteria, using a proprietary framework and methodology for scoring, weighting and evaluating. We evaluate observable, measurable, and auditable practitioner’s ethical conduct in practice. Our certification reflects a practitioner’s demonstrated ethical standing at a point in time.
Our evaluations draw on factual and verifiable information, which may include, without limitation:
- Self-reported information from practitioners (who represent and warrant to its accuracy and truthfulness).
- Publicly available regulatory and licensing records.
- Verified findings from licensing authorities.
- Any documentation the practitioner submits as part of the process.
We do not rely on third-party opinion, reviews or information that cannot be verified.
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Changes to a Certification or Score
In certain circumstances, in our sole discretion, we may revoke, suspend, or adjust a certification or score when a practitioner’s conduct no longer meets Mind Lumen’s ethical criteria after we make our assessment.
Conduct that may lead to a revocation, suspension or adjustment, includes, without limitation:
- Dishonesty, fraud, or material misrepresentation in the certification process.
- Verified evidence of harm to or exploitation of seekers or clients.
- Conduct that falls materially below Mind Lumen’s ethical criteria as independently determined.
- Any other behavior that, in Mind Lumen’s assessment, is fundamentally incompatible with the level of ethical standing the certification is meant to reflect.
In revoking, suspending or adjusting a certification or score, we apply a standardized process and assessment criteria in a consistent and objective way to mitigate bias and promote fairness. We will provide practitioners written notice and a chance to respond before making such revocation, suspension or adjustment, except in urgent situations where immediate action is required of us, we may not be able to provide advance notice and a chance to respond.
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Correcting Errors
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If a practitioner believes we have relied on false or inaccurate information, they can reach out to us and we’ll review the request in good faith.
Lumara
Lumara is a harm and risk reduction navigation service. It is a not a practitioner directory, a referral service, or a search tool. As part of its navigation services, it uses Mind Lumen’s ethics certification as one input in its navigation service — alongside other criteria — to educate seekers on options that may be relevant to a seeker’s needs. It does not recommend or endorse any practitioner or their services. Seekers and practitioners decide for themselves whether and how to engage with each other. Further, we do not endorse, encourage or condone any illegal activities, including but not limited to the use, sale or distribution of illegal substances.
Seekers are fully and solely responsible for:
- Evaluate the information about practitioners available to them.
- Evaluating any options presented to them through the Services.
- Verifying a practitioner’s credentials, licensing, and experience independently.
- All decisions about their own health, safety, and care.
- Any legal obligations that apply to whatever services they seek or engage with — Mind Lumen assumes no responsibility for this.
The Company Parties (as defined below) have no responsibility to seekers in connection with any practitioner’s services. Lumara does not include any medical care, medical assessment, psychotherapy, advisory or any other professional services. Using Lumara does not create any kind of professional relationship between us the Company Parties and any seeker or practitioner.
Some features of our Services require a membership fee charged to seekers or practitioners. We do not take a percentage of fees for services directly between practitioners and seekers.
Membership fee details and refund policies (if any) are spelled out at the time you sign up. Fees are non-refundable unless we indicate otherwise. When you sign up for a membership, you agree to a recurring payment model that auto-renews until you cancel the membership. Your subscription will be automatically extended for successive renewal periods of the same duration as the initial subscription term. We will charge you the applicable membership fee automatically at the beginning of each renewal period, unless you cancel at least 30 days before the start of the next renewal period through your account settings.
Events and Education
Mind Lumen hosts educational events and advocacy programming about psychedelic-assisted therapy, harm reduction, policy, and ethics. These events and the content provided in connection therewith are educational and provided for informational purposes.
We do not control what attendees or volunteers say or do at or after our events. Mind Lumen does not assume responsibility for the conduct or legal compliance of any event participant.
Accessing the Services
We reserve the right to withdraw or amend our Services, and any service or material we provide, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to the Services.
You are responsible for both:
- Making all arrangements necessary for you to have access to the Services.
- Ensuring that all persons who access the Services through your internet connection are aware of these Terms and comply with them.
To access the Services or some of the resources we offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete. You agree that all information you provide to register with this Services or otherwise, including, but not limited to, through the use of any interactive features on the Services, is governed by our Privacy Policy[Add link], and you consent to all actions we take with respect to your information consistent with our Privacy Policy{Add link].
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Services or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms.
Intellectual Property Rights
The Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from this site.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Services or any services or materials available through the Services.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
Trademarks and IP
All trademarks, service marks, and logos and copyrights displayed and used are property of Mind Lumen, its affiliates or licensors and other third-parties. Nothing on the Services may be construed as granting you any right or license to use any trademark, service mark, logo, or other intellectual property rights without the permission of its owner. You must not use such trademarks, service marks, logos, and any other copyrighted materials in any way without the prior written permission of the Company or the respective owners.
Prohibited Uses
You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the any content standards set out in these Terms.
- To send, submit or transmit false or misleading information.
- To use our Services for commercial purposes without our written consent.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or usernames associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services, or expose them to liability.
Additionally, you agree not to:
- Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
- Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
- Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Services.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services.
- Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Services.
User Contributions
The Services may contain interactive features, including but not limited to, message boards, chat rooms, personal web pages or profiles, forums, bulletin (collectively, “Interactive Services”) that allow users to post, review, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Services.
All User Contributions must comply with the Content Standards set out in these Terms.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
- All of your User Contributions do and will comply with these Terms.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Services.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the content standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for the Company.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
- Terminate or suspend your access to all or part of the Services for any violation of these Terms.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake review of all material before it is posted on the Services and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Impersonate any person or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Reliance on Information Posted
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
This Services may include content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Services
We may update the content on this Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Services
All information we collect on this Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Linking to the Services and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our written consent.
This Services may provide certain social media features that enable you to:
- Link from your own or certain third-party Services to certain content on this Services.
- Send emails or other communications with certain content, or links to certain content, on this Services.
- Cause limited portions of content on this Services to be displayed or appear to be displayed on your own or certain third-party Services.
You may use these features solely as they are provided by us solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
- Establish a link from any Services that is not owned by you.
- Cause the Services or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
- Link to any part of the Services other than the homepage.
- Otherwise take any action with respect to the materials on this Services that is inconsistent with any other provision of these Terms.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Services
If the Services contains links to other sites and 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 Services linked to this Services, you do so entirely at your own risk and subject to the terms and conditions of use for such Services.
Geographic Restrictions
We provide this Services for use only by persons located in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code.
You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICES LINKED TO IT.
YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS (COLLECTIVELY, “COMPANY PARTIES”), TO ANY PARTY EXCEED THE GREATER OF $100.00 USD OR THE AMOUNT YOU HAVE PAID TO THE COMPANY IN THE LAST THREE (3) MONTHS FOR THE SERVICES, OUT OF WHICH LIABILITY, UNDER ANY LEGAL THEORY—WHETHER BY CONTRACT, TORT OR OTHERWISE—AROSE OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT PROVIDED THROUGH THE SERVICES, YOUR RELIANCE ON OUR SERVICES OR CERTIFICATIONS OR SCORES, ACTIONS OR OMISSION OF THE ANY THIRD PARTIES, YOUR REVOCATION, SUSPENSION OR MODIFICATION OF A CERTIFICATION, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Contributions, any use of the Services’ content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Services.
Governing Law and Jurisdiction
All matters relating to the Services and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services that is not subject to binding arbitration shall be instituted exclusively in the federal courts of the United States or state courts of the State of California located in the County of Alameda. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Dispute Resolution; Arbitration.
Except as set forth herein, all controversy or claim arising from or relating to these Terms or use of the Services, including not but not limited to, disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association, in accordance with the Federal Arbitration Act under a single arbitrator. Arbitration will take place in Oakland, Alameda County, California and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator’s decision shall be final and legally binding.
Claims within the monetary limit of the small claims court shall be litigated in such court at the request of any party, so long as all parties limit their right to recovery to the jurisdiction of the small claims court.
Any claim filed in small claims court shall not be deemed to be a waiver of the right to arbitrate, and, if a counter claim in excess of the jurisdiction of the small claims court is filed in the municipal or superior court, then the party filing in small claims court may demand arbitration pursuant to this paragraph.
The arbitrators will have authority to award actual monetary damages only. No punitive or equitable relief is authorized. Notwithstanding the requirement to resolve disputes by arbitration, any party may bring an action in a court of competent jurisdiction solely to injunctive or equitable relief when such relief is necessary to prevent irreparable harm or to preserve the status quo.
You hereby waive any rights you may have to trial by jury in regard to arbitrable claims. You further waive any right you may have to pursue or participate in a class or collective action pertaining to any arbitrable claims between you and the Company.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Changes to the Terms
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Entire Agreement
The Terms and our Privacy Policy constitute the sole and entire agreement between you and Mind Lumen regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
Your Comments and Concerns
All notices of copyright infringement claims, feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: help AT mindlumen dot org.