MINA For Users

Terms

END USER AGREEMENT

    1. INTRODUCTION: TERMS AND CONDITIONS OF USE IMPORTANT!  PLEASE CAREFULLY READ THIS AGREEMENT (the “User Agreement”) BEFORE DOWNLOADING OR USING THIS SOFTWARE APPLICATION.  THESE PROVISIONS AFFECT HOW DISPUTES ARE RESOLVED.

These terms and conditions of use (these “Terms”) are a contract between you and WonderHealth, LLC, a Georgia limited liability company with its principal place of business in Atlanta, Georgia, including any of its subsidiaries, related, and, affiliated companies, in existence now, or in the future, (individually, collectively and interchangeably, “WonderHealth” or “We”). WonderHealth operates the Internet website(s) located at www.wonderhealthllc.com and www.MINAapp.com (each, a “Site,” and together, the “Sites”), its MĪNA product and network, associated mobile application(s) for smartphone use, tablet use and other (the “App”), the computer desktop application/reader software, and associated services (collectively, the “Services”).  By using the Services in any way, including the download of any Wonder Health software or mobile application you are agreeing to be bound by these Terms. These Terms are continuous in nature. In the event user uninstalls, deletes, or reinstalls the app, or in the event of any update, change or modification of the app by WonderHealth, these Terms will still apply unless updated by WonderHealth, and such updated Terms will apply to you. If you do not agree to these Terms, you do not have any right, authorization or license to access or use the Services and should uninstall the App, and discontinue all use of the Services.  

    1. ELIGIBILITY: The Services are directed toward users who reside in the United States of America.  If you are visiting from outside of the United States, special rules or limitations may apply concerning your use of the Services.  We do not intend to gather personally identifiable information from individuals residing outside of the United States. 

We understand the global nature of modern travel and the mobility of cellular devices.  As a condition of using the Services, you agree to comply with all local rules regarding cellular use and digital communications.  Specifically, you agree, without limitation, to comply with all applicable laws regarding the transmission of technical and personal data exported from the United States.

Only individuals thirteen (13) years of age or older may use the Services.  Users between the ages of thirteen (13) and eighteen (18) must review these Terms with a parent or legal guardian to ensure the parent or legal guardian acknowledge and agree to these Terms.  Should an individual’s parent or legal guardian not acknowledge and agree to these Terms, the individual must immediately uninstall this App and discontinue the use of the Services.

    1. GENERAL RULES RELATING TO CONDUCT: The Services are made available for your own, personal use. The Services must not be used for any commercial purpose whatsoever or for any illegal or unauthorized purpose. When you use the Services you must comply with all Applicable laws and with any Applicable international laws, including the local laws in your country of residence (together referred to as “Applicable Laws”). You agree to indemnify WonderHealth in full and on demand from and against any loss, damage, costs or expenses which we suffer or incur directly or indirectly as a result of your use of the Services otherwise than in accordance with these Terms or Applicable Laws. You agree that when using the Services you will comply with all Applicable Laws and these Terms. In particular, but without limitation, you agree not to:
      1. Use the Services in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement; or
      2. Attempt to gain unauthorized access to the Services or any networks, servers or computer systems connected to the Services; or
      3. Modify, adapt, translate or reverse engineer any part of the Services or re-format or frame any portion of the pages comprising the Services, save to the extent expressly permitted by these Terms or by law; or
      4. Use or launch any automated system or process, including without limitation, “bots,” “spiders,” or “crawlers,” to access unauthorized content or non-public spaces; or
      5. Attempt to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
      6. Attempt to damage, disable, overburden, or impair WonderHealth servers or networks; or
      7. Attempt to gain unauthorized access to a WonderHealth computer network; or
      8. Attempt to gain unauthorized access to User accounts; or
      9. Violate these Terms in any manner; or
      10. Fail to comply with Applicable third-party terms and conditions or other third-party policies (collectively “Acceptable Use”).

WonderHealth reserves the right, in its sole discretion, to terMĪNAte any User License (as defined below), remove Content, assist law enforcement in the prosecution of criMĪNAl liability, or assert a civil or criMĪNAl legal action with respect to Content or use of the Services that WonderHealth reasonably believes is or might be in violation of these Terms, and failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.

    1. END USER LICENSE: Subject to these Terms, WonderHealth grants the User a personal, non-exclusive, non-transferable, limited and revocable license to use the Services for personal use only on an Apple iPhone, iPad, or iPod Touch (“iOS Device”), or Android Phone or tablet (“Android Device”) or a Windows Mobile Phone or tablet (“Windows Mobile Device,” and together with the iOS Device and Android Device, referred to as, the “Devices” and each, a “Device”) owned or controlled by User as permitted by the Usage Rules contained in the Apple Terms, Google Terms, Windows Mobile Terms, and in accordance with these Terms (“User License”).  Any use of the Services in any other manner, including, without limitation, resale, transfer, modification or distribution of the Services or text, pictures, data, hyperlinks, displays, and other content associated with the Services (“Content”) is prohibited.  This Agreement and User License also govern any updates to, or supplements or replacements for, the Services unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.
    1. CONTENT: The copyright in all material contained on, in, or available through the Services including all information, data, text, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material (“Material”) is owned by or licensed to WonderHealth. All rights are reserved. You cannot copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseMĪNAte in any form whatsoever or use the Material without WonderHealth’s express permission. The trademarks, service marks, and logos (“Trade Marks”) contained on or in the App are owned by WonderHealth. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseMĪNAte the Trade Marks without the prior written consent of WonderHealth.

WonderHealth may collect meta data from your communications with others; postings or feedback submitted by you to WonderHealth; and the type of information you store or share through the Services (collectively, “Your Usage”).  One or more of the Services allow you to store and/or share Your Content or receive material from others.  We do not claim ownership of your Content.  Your Content remains your content and you are responsible for it.

    1. SECURITY: User is solely responsible for the confidentiality and security of User information sent from or stored on the Device by the App.  The User is also solely responsible for all activities undertaken by anyone with access to the Services, whether authorized or unauthorized.  The User agrees to immediately notify WonderHealth of any unauthorized use the Services or any other breach of security.  WonderHealth shall not be responsible for any losses arising from the financial loss or theft of User information due to unauthorized or fraudulent transactions related to the Services.  Users shall be solely responsible for taking precautionary steps to protect User information stored on the Device, including without limitation, password-protecting the Device and employing any available remote-wipe feature. Please also see WonderHealth’s Privacy Policy. WonderHealth will comply with data breach laws and industry standards in the United States of America, including but not limited to HIPAA and HITECH. WonderHealth shall maintain a comprehensive data security program, which shall include reasonable and appropriate technical, organizational and security measures against the destruction, loss, unauthorized access or alteration of information in the possession of WonderHealth and which shall be 
      1. no less rigorous than those maintained by WonderHealth for its own information of a similar nature, and 
      2. no less rigorous than typical security standards in the industry.
    1. CONFIDENTIAL INFORMATION: “Confidential Information” means any non-public data, information and other materials regarding the products, software, services, prices and discounts, or business of a party (and/or of third parties, to the extent a party is bound to protect the confidentiality of any third ‘parties’ information) provided by a party, its employees, contractors or affiliates (“Disclosing Party”) to the other party (“Receiving Party”) where such information is marked or otherwise communicated as being “proprietary” or “confidential” or the like, or where such information should, by its nature, be reasonably considered to be confidential and/or proprietary. Except as expressly authorized herein, the Receiving Party shall: 
      1. use the Confidential Information of the Disclosing Party only to perform hereunder or exercise rights granted to it hereunder; and 
      2. treat all Confidential Information of the Disclosing Party in the same manner as it treats its own similar proprietary information, but in no case will the degree of care be less than reasonable care.
    1. ERRORS: User assumes sole responsibility for results obtained from the use of the Services, and for conclusions drawn from such use. WonderHealth shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts you provide in connection with the Services.
    1. ACCESS SECURITY: In order to use the Services, WonderHealth may require that User set a unique user identification code, password or any other security procedures. User must treat such information as confidential, and must not disclose it to any third party. WonderHealth reserves the right to disable any user identification code or password at any time, if in our opinion, User has failed to comply with any of these Terms.
    1. THIRD PARTIES: Our Services may allow you to access, use or acquire products, services, websites, links, content, databases, systems, material, information, or applications from third-parties ﴾individuals or entities that are not you or WonderHealth) (“Third‐Party Apps and Services”﴿.  Our Services may also help you find Third‐Party Apps and Services, and you understand that you are directing our Services to provide Third‐Party Apps and Services to you.  The Third‐Party Apps and Services may also allow you to store your Content or Data with the publisher, provider, or operator of the Third‐Party Apps and Services.  The Third‐Party Apps and Services may present you with a privacy policy or require you to accept additional terms of use before you can install or use the Third‐Party App or Service.  You should review any additional terms and privacy policies before acquiring or using any Third‐Party Apps and Services.  Any additional terms do not modify any of these Terms.  You are responsible for your dealings with third parties.  WonderHealth does not license any intellectual property to you as part of any Third‐Party Apps and Services and is not responsible for information provided by third parties.
    1. USER ACCOUNTS AND SERVICES: When you create an account to use the Services, or otherwise use the Services to download or purchase content or any products, services, or information from WonderHealth, you may be asked to provide a password.  You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or other device, and you agree to accept responsibility for all activities that occur under your account or password.  You agree that the information you provide to WonderHealth on registration and at all other times will be true, accurate, current, and complete.  You also agree that you will ensure that this information is kept accurate and up-to-date at all times.  If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you agree to immediately notify WonderHealth.  No obligation, responsibility or performance on WonderHealth’s part is created by virtue of this Section.

The App is intended for you to store your personal health‐related information and information about other people ﴾such as your family﴿ with their consent.  The information in your account may not always be accurate or up‐to‐date and should be viewed by any health care provider as informational only.  Information stored on the App does not serve as a substitute for any records required to be maintained by healthcare providers or for other medical or case management purposes.  For example, records electronically stored on or accessible through the App are not designated record sets as defined under U.S. regulations.  If a healthcare provider decides to include any data made available from the App in its records, it should store a copy in its own system.  If there is a co‐custodian of a record in your account ﴾because one of you invited the other﴿, you acknowledge that the co-custodian has full control over that record and may cancel your access to the record, manage other peoples’ access to the record, and view the record’s data including how and when the record is used.  

    1. SOFTWARE LICENSE: Any software provided to you by us, including (without limitation) the App, as part of the Services is expressly subject to the following:  
      1. Subject to your compliance with the terms of this User Agreement, we grant you the right to install and use one copy of the software per device on a worldwide basis for use by only one person at a time as part of your use of the Services.  The software that is part of the Services may include third‐party code.  Any third‐party scripts or code, linked to or referenced from the software or website, are licensed to you by the third-parties that own such code, not by WonderHealth.  Notices, if any, for the third‐party code are included for your information only.
      1. The software is licensed to you, not sold, and WonderHealth reserves all rights to the software not expressly granted by WonderHealth, whether by implication, estoppel, or otherwise.   This license does not give you any right to, and you may not: 
        1. circumvent or bypass any technological protection measures in or relating to the software or Services; or
        2. disassemble, decompile, decrypt, hack, emulate, exploit, or reverse engineer any software or other aspect of the Services that is included in or accessible through the Services, except and only to the extent that the applicable copyright law expressly permits doing so; or
        3. separate components of the software or Services for use on different devices; or
        4. publish, copy, rent, lease, sublease, sell, export, import, distribute, or lend the software or the Services, unless WonderHealth expressly authorizes you to do so; or
        5. transfer the software, any software licenses, or any rights to access or use the Services; or
        6. use the Services in any unauthorized way that could interfere with anyone else’s use of them or gain access to any service, data, account, or network.
    1. INDEMNIFICATION: User agrees to indemnify and hold harmless WonderHealth, including its agents, affiliated companies, employees, contractors, directors, and officers, and anyone involved in creating or providing the Services, from all claims or causes of action, liabilities, damages, costs, fines, penalties, and expenses (including attorneys’ fees) occurring from or related to the use or misuse of the Services, violation of these Terms, or violations of any rights of a third party, or any allegation thereof.  WonderHealth reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses.
    1. NO WARRANTY: WONDERHEALTH IS PROVIDING THE APP AND CONTENT TO THE USER “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED.  THE USER IS USING THE APPLICATION AT HIS OR HER OWN RISK.  TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, WONDERHEALTH DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE APP IS MERCHANTABLE, RELIABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING OR FREE OF DEFECTS OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OR THAT THE USE OF THE APP BY THE USER IS IN COMPLIANCE WITH LAWS, OR THAT USER INFORMATION TRANSMITTED IN CONNECTION WITH THE APP WILL BE SUCCESSFULLY, ACCURATELY OR SECURELY TRANSMITTED. 
    1. NO LIABILITY: TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL WONDERHEALTH OR ITS AGENTS OR ANYONE INVOLVED IN CREATING OR PROVIDING THIS APPLICATION OR CONTENT (A) BE LIABLE TO THE USER WITH RESPECT TO USE OF THE APPLICATION; AND/OR (B) BE LIABLE TO THE USER FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, THE INABILITY TO USE THE APP, OR DEVICE FAILURE OR MALFUNCTION. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE APP.  WONDERHEALTH, ITS AGENTS AND ANYONE INVOLVED IN CREATING OR PROVIDING THIS APP OR CONTENT SHALL NOT BE LIABLE EVEN IF ANY OF THEM OR ANY AUTHORIZED REPRESENTATIVE OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, UNAUTHORIZED USE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE, COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARM.

In the event that applicable law does not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental, consequential or other damages, in no event shall WonderHealth, its agents or anyone involved in creating or providing the Services or Content be liable for damages, losses, and/or causes of action exceeding the amount, if any, paid by User for use of the Services or $50, whichever is less.

    1. SERVICE SUSPENSION: WonderHealth reserves the right to suspend or cease providing any services relating to the apps published by it, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so.
    1. GENERAL: These Terms constitute the entire agreement between you and WonderHealth concerning your use of the Services. WonderHealth reserves the right to change or modify these Terms or any other WonderHealth terms, conditions, or policies related to use of the Services (including those identified in this Agreement) at any time and at its sole discretion by posting revisions within the App.  Continued use of the Services following the posting of these changes or modifications will constitute the User’s acknowledgement and agreement to such changes or modifications.  
    1. INTENTION AND SEVERABILITY: If any provision(s) of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect. If any provision(s) of these Terms shall be deemed invalid, or unenforceable, those terms shall be deemed severable and shall not affect the validity and enforceability of any remaining terms.  
    1. NONWAIVER: WonderHealth’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by WonderHealth in writing.
    1. CHOICE OF LAW AND JURISDICTION: This User Agreement shall be governed in all respects by the laws of the State of Georgia, without regard to conflict of law provisions, with the sole exception that the Federal Arbitration Act governs all provisions relating to arbitration.  In the event of any controversy or claim arising out of or relating to any provision of this User Agreement or the breach thereof, the parties will attempt to settle their differences amicably by themselves or their agents.  Thereafter, any disagreements that continue for more than sixty (60) days may be submitted for resolution in accordance with Section 21 of this User Agreement. Fulton County, Georgia shall serve as the exclusive jurisdiction and venue for all disputes arising out of or relating to the terms of this User Agreement or the Services, and you and we irrevocably consent to the exclusive jurisdiction of the same territory.
    1. BINDING ARBITRATION AND WAIVER OF CLASS ACTIONS: We hope we never have a dispute, but if we do, you and we agree to try for sixty (60) days to resolve it informally.  If we cannot, you and we agree to binding individual arbitration before the American Arbitration Association (“AAA”﴿ under the Federal Arbitration Act (“FAA”﴿, and not to sue in court in front of a judge or jury.  Instead, a neutral arbitrator will decide and the arbitrator’s decision will be final except for a limited right of appeal under the FAA.  Class action lawsuits, class‐wide arbitrations, private attorney‐general actions, and any other proceeding where someone acts in a representative capacity are not allowed.  Nor is combining individual proceedings without the consent of all parties.  “We,” “our,” and “us” includes WonderHealth and WonderHealth’s affiliates.
      1. Disputes Covered—Everything Except IP.  The term “dispute” is as broad is it can be.  It includes any claim or controversy between you and us concerning the Services, the software related to the Services, the Services’ or software’s price, your account with WonderHealth, or the terms of this User Agreement, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your, your licensors’, our, or our licensors’ intellectual property rights.
      2. Mail a Notice of Dispute First.  If you have a dispute and our customer service representatives cannot resolve it, send a Notice of Dispute by United States Mail to WONDERHEALTH, LLC C/O TOWNSEND & LOCKETT, LLC, ATTN: UA ARBITRATION, TRAVIS TOWNSEND, JR., 1401 PEACHTREE ST., NE, SUITE 500, ATLANTA, GEORGIA 30309, U.S.A. Tell us your name, address, how to contact you, what the problem is, and what you want.  We will do the same if we have a dispute with you.  After 60 days, you or we may start an arbitration if the dispute is unresolved.
      3. Arbitration Procedure.  The AAA will conduct any arbitration under its Commercial Arbitration Rules ﴾or if you are an individual and use the Services for personal or household use, or if the value of the dispute is $75,000 or less whether or not you are an individual or how you use the Services, its Consumer Arbitration Rules﴿.  For more information, see www.adr.org or call 1‐800‐778‐7879.  In a dispute involving $25,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in‐person hearing instead.  Any in person hearing will take place in Fulton County, Georgia if your dispute is with WonderHealth.  The arbitrator may award the same damages to you individually as a court could.  The arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim.
      4. Arbitration Fees and Payments.  The AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses. 
      5. Conflict with AAA Rules. The terms of this User Agreement govern to the extent they conflict with the AAA’s Commercial Arbitration Rules or Consumer Arbitration Rules.
      6. Must File Within One Year.  You and we must file with an appropriate arbitration tribunal any claim or dispute ﴾except intellectual property disputes—see section 21.a﴿ within one year from when it first could be filed. Otherwise, it’s permanently barred.
      7. Severability.  If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts will not be arbitrated but will proceed in court, with the rest proceeding in arbitration.  If any other provision of this section 21 is found to be illegal or unenforceable, that provision will be severed but the rest of this section 21 still applies.
    1. THIRD PARTY BENEFICIARY: User agrees that WonderHealth’s service providers, licensors, or others involved in creating or providing the Services are third party beneficiaries to this End-User Agreement and may rely upon the provisions of this End-User Agreement, including but not limited to, the provisions concerning Indemnification, No Warranties, and No Liability. 
    1. NOTICES: Any notice to WonderHealth required by this User Agreement shall be delivered to us by United States Mail to WONDERHEALTH, LLC, C/O TOWNSEND & LOCKETT, LLC, ATTN: TRAVIS TOWNSEND, JR., 1401 PEACHTREE ST. NE, SUITE 500, ATLANTA, GA 30309.  You agree that we may provide any notice required by this User Agreement using the contact information that you provide to WonderHealth, including your most recent electronic mail or physical address.  You agree that you are obligated to provide WonderHealth with accurate, current and valid contact information for purposes of this Section.  Failure to do so shall result in a waiver of any notice rights and you agree that any notice obligations are satisfied in such instances.

Notice about the H.264/AVC, MPEG‐4 Visual, and VC‐1 Video Standards.  The software offered by WonderHealth may include H.264/AVC, MPEG‐4 Visual and/or VC‐1 codec technology that may be licensed by MPEG LA, L.L.C.  This technology is a format for data compression of video information.

MPEG LA, L.L.C. requires this notice:

THIS PRODUCT IS LICENSED UNDER THE H.264/AVC, MPEG‐4 VISUAL, AND THE VC‐1 PATENT PORTFOLIO LICENSES FOR THE PERSONAL AND NONCOMMERCIAL USE OF A CONSUMER TO ﴾A﴿ ENCODE VIDEO IN COMPLIANCE WITH THE STANDARDS ﴾”VIDEO STANDARDS”﴿ AND/OR ﴾B﴿ DECODE H.264/AVC, MPEG‐4 VISUAL, AND VC‐1 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NONCOMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE SUCH VIDEO. NONE OF THE LICENSES EXTEND TO ANY OTHER PRODUCT REGARDLESS OF WHETHER SUCH PRODUCT IS INCLUDED WITH THIS SOFTWARE IN A SINGLE ARTICLE.  NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE THE MPEG LA WEBSITE.

For clarification purposes only, this notice does not limit or inhibit the use of the software provided under these terms for normal business uses that are personal to that business which do not include ﴾i﴿ redistribution of the software to third parties, or ﴾ii﴿ creation of material with the VIDEO STANDARDS compliant technologies for distribution to third parties.

    1. ENTIRE AGREEMENT: This agreement, any applicable policies or documents expressly incorporated herein by reference, and the written terms of supplements and updates thereof are the entire agreement between you and WonderHealth concerning your use (and prior use) of the Services.

Revised at least as of: October 13, 2015.