Dollar Mental Health Club

Dollar Mental Health Club

Terms & Conditions

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

Terms of Use

Effective date: June 8th 2016

Welcome to Dollar Mental Health Club. Please read on to learn the rules and restrictions that govern your use of our website(s), programs, phone service, mental training appointments, sessions, products, services and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at dollarmentalhealthclub@gmail.com

These Terms of Use (the “Terms”) are a binding contract between you and Full Synergy Group LLC. DBA Dollar Mental Health Club. (below describe also as “DMHC”, “we” and “us”). You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the DMHC Privacy Policy https://dollarmentalhealthclub/privacy

Our Services

DMHC is designed to be a guided mental training/self-help program including individualized support and feedback from DMHC Mental Trainers. We require, and guarantee all DMHC Mental Trainers to be Registered, and Certified Life Coaches, with a mandatory Certification in the specialized application of Trans-Rational Structural Behavior Theory or “TSBT”. The Services do not include the provision of medical care, mental health counseling, psychotherapy, or any related medical or mental health therapeutic service requiring legal and State specific licensure guidelines considering mental or medical health practice, therapy, evaluation, or advice. This is Mental Training, preventative mental health in practice. The gym for your mind. A place where you will be challenged.

USE OF THE SERVICES IS NOT FOR MEDICAL OR MENTAL HEALTH EMERGENCIES, INCLUDING ADDICTION RECOVERY, OR ANY OTHER MENTAL HEALTH DIAGNOSES. IF OUR TRAINERS AND OR STAFF BELIEVE YOU TO HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY WE ARE REQUIRED TO INFORM YOU TO CALL 911 OR GO TO THE NEAREST OPEN CLINIC OR EMERGENCY ROOM AND END COMMUNICATION. YOU AGREE TO THIS PROTOCOL BY AGREEING TO THESE TERMS OF USE, AND DECLINE LEGAL ACTION ON DMHC PRESENT, PAST OR FUTURE DUE TO THIS PROTOCOL.

**IF YOU ARE CONSIDERING OR COMMITTING SUICIDE OR FEEL THAT YOU ARE A DANGER TO YOURSELF OR TO OTHERS, DO NOT USE THIS SERVICE AND IMMEDIATELY DISCONTINUE USE OF THE SERVICES AND CALL 911 OR NOTIFY APPROPRIATE POLICE OR EMERGENCY MENTAL AND MEDICAL PERSONNEL.**

**IF YOU HAVE EXPERIENCED OR HAVE KNOWLEDGE OF CHILD OR DEPENDENT ADULT OR ELDER ABUSE PLEASE CONTACT YOUR LOCAL PROTECTIVE SERVICES AGENCY AND LAW ENFORCEMENT. **

DISCLOSURE OF MEDICAL AND MENTAL HEALTH RECORDS AND INFORMATION BY YOU IS NOT REQUIRED AND IS YOUR CHOICE TO SHARE AND IS PROTECTED WITH OUR PRIVACY POLICY. WE ARE NOT PSYCHIATRIC, PSYCHOLOGICAL, OR THERAPEUTIC COUNSELING; FAMILY, INDIVIDUAL OR RELATED TO ANY FORM OF PSYCHOTHERAPY.

What about my privacy?

DMHC Takes the privacy of its users very seriously. For our current Privacy Policy, please click https://dollarmentalhealthclub/privacy

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 18. We do not knowingly collect or solicit personally identifiable information from children under 18; if you are a child under 18, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 18, we will delete that information as quickly as possible and terminate the

associated account. If you believe that a child under 18 may have provided us personal information or be posing as an adult, please contact dollarmentalhealthclubsecurity@gmail.com

What are the basics of using DMHC?

You may be required to sign up for an account, and select a password and user name (“DMHC User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may remain anonymous for each session as well. You may not select as your User ID a name that you don’t have the legal right to use, or another person’s name with the intent to impersonate that person and or a fictitious user creation. You may not transfer your account to anyone else without our prior written permission. DMHC deploys varies tactics online to determine and verify for the safety of all individuals that continuing clients are who they say they are representing. This is done legally, as to ensure the integrity of the Services, and to protect our Users and the Identities of all people online.

You represent and warrant that you are of legal age to form a binding contract (or if not, you do not have permission to use the Services. If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).

You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law or knowingly crosses proper and legal licensure requirements.

You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.

Your use of the Services is subject to the following additional restrictions:

You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:

  1. Infringes or violates the intellectual property rights or any other rights of anyone

else (including DMHC); b. Violates any law or regulation; c. Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene,

or otherwise objectionable; d. Jeopardizes the security of your, or any other User account or anyone else’s

(such as allowing someone else to log on as you on the Services); e. Attempts, in any manner, to obtain the password, account, or other security

information from any other user; f. Violates the security of any computer network, or cracks any passwords or

security encryption codes; g. Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or

any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure); h. “Crawls,” “scrapes,” or “spiders” any page, data or portion of or relating to the

Services or Content (through use of manual or automated means); i. Copies or stores any significant portion of the Content and/or share, post or

distribute any significant portion of the Content elsewhere; j. Decompiles, reverse engineers, or otherwise attempts to obtain the source code

or underlying ideas or information of or relating to the Services. k. Evidence of DMHC Users needing services that exceed those provided in the

Services. If the User (you) needs appear beyond the scope of guided self-help from our Certified DMHC Mental Trainers, you will immediately be advised to seek, and immediately referred to the proper alternative mental or medical health individual or organization. l. DMHC seeks to protect users by providing Services only to those who are likely

to benefit from the Services provided. m. Non-disclosure by you the User, of current mental health diagnosis or treatments,

believed to be maliciously kept private to continue use of the Services by the User, the User loses the right to pursue any legal action past, present or future, and DMHC holds no responsibility for continuing to provide the Services to the

User despite Terms of Use Policy regarding mental health diagnosis discovery or the outcome to any User(s) experience with the Services.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

What are my rights in DMHC?

The materials displayed or performed or available on or through the Services, including, but not limited to, phone dialogue, email, text, voice, virtual voice/video, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including DMHC) rights.

You understand that Full Synergy Group LLC DBA Dollar Mental Health Club, owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), creative derivative works based on, or otherwise exploit any of the Services.

The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply—they do!

Do I have to grant any licenses to DMHC or to other users?

Anything you freely share within your profile and personal account, post, upload, share, store, or otherwise provide through the Services is your “User Submission.” Some User Submissions may be view-able by other users. In order to display your User Submissions on the Services, and to allow other users to view them (where applicable), you grant us certain rights in those User Submissions. Please note that all of the

following licenses are subject to our Privacy Policy https://dollarmentalhealthclub.com/privacy to the extent they relate to User Submissions that are also your personally-identifiable information. Personal mental and medical health information will not be shared unless granted permission from User upon direct and clear request from DMHC via email, subject line: “Your Personal Information Request Form: DMHC”

Only upon User Permission via completion of Personal Information Request Form submission by and for all User Submissions use, you hereby grant DMHC a license to translate, modify (for technical purposes, for example making sure your content is view-able on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.

If you submit a User Submission in your own personal DMHC account, in a manner that is not view-able by any other user except you (a “Personal User Submission”), you grant DMHC the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing the Services necessary to do so.

If you share a User Submission only in a manner that only certain specified users can view (for example, information that is only available to your Trainer) (a “Limited Audience User Submission”), then you grant DMHC the licenses above, as well as a license to display, perform, and distribute your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified users, and providing the Services necessary to do so. Also, you grant such other specified users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.

You agree that the licenses you grant are royalty-free, perpetual, sublicensable, irrevocable, and worldwide; provided that when you delete your DMHC account, we will stop displaying your User Submissions to other users (if applicable), but you understand and agree that it may not be possible to completely delete that content from DMHC’s records, and that your User Submissions may remain view-able elsewhere to the extent that they were copied or stored by other users who had access to such User Submissions.

Finally, you understand and agree that DMHC, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the

technical requirements of connection networks, devices, services, or media, and any of the foregoing licenses include the rights to do so.

What if I see something on the Services that infringes my copyright?

You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like DMHC, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers. To learn more about the DMCA, click here.

We Do Not Provide Mental or Medical Health Advice

While the Services may provide access to certain general mental health, psychological and medical information, the Services cannot and are not intended to provide this professional advice. We advise you to always seek the advice of a physician or other qualified healthcare provider with any questions regarding your personal mental health or medical conditions. Never disregard, avoid, or delay in obtaining mental health or medical advice from your doctor or other qualified healthcare provider because of something shared with you, spoken to you by a DMHC Trainer or you have read on the Site. If you have or suspect that you have a mental health diagnosis, and or a medical diagnosis, problem or condition, please contact a qualified healthcare professional immediately.

You acknowledge that although some of the Content that is provided to you on the phone and on the Site, (including information provided in direct response to your questions or postings) may be provided by individuals in the Life Coaching Profession, the provision of such information does not create a mental health or medical professional /patient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular mental health or medical condition, but is provided to assist you in your personal choices and completing your individually set goals of personal choice.

NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BY USING INFORMATION AND/OR SERVICES PROVIDED BY OR THROUGH THE USE OF THE SITE OR THROUGH ANY OTHER COMMUNICATIONS FROM US. THE CONTENT OF THE SITE AND THE SERVICES ARE NOT AND SHOULD NOT BE CONSIDERED MEDICAL ADVICE OR A SUBSTITUTE FOR INDIVIDUAL MENTAL OR MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTH CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE. YOU SHOULD ALWAYS TALK TO YOUR MENTAL AND MEDICAL PROFESSIONALS FOR DIAGNOSIS AND TREATMENT.

DO NOT USE THE SITE OR THE SERVICES FOR MENTAL ILLNESS, PSYCHIATRIC AND OR PSYCHOLOGICAL DISORDER(S) TREATMENT, OR RELATED EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MENTAL HEALTH OR MEDICAL EMERGENCY CALL 911 IMMEDIATELY. YOUR USE OF INFORMATION PROVIDED ON THE PHONE OR ON THE SITE IS SOLELY AT YOUR OWN RISK. NOTHING STATED IN DMHC SESSIONS, DIGITALLY OR ELECTRONICALLY COMMUNICATED, POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF MENTAL HEALTH OR MEDICAL CARE.**

You are responsible for what you say and do at the time of, before and after the Services have been rendered

Any information or content posted or transmitted through the Services is the sole responsibility of the person from whom such Content originated. You access all such information and Content at your own risk. DMHC/We are not liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Dialogue exchanged, Content or what actions you may take as a result of having been exposed to the dialogue and Content. You hereby release DMHC from all liability for you having acquired or not acquired Content through the Services. We guarantee the identity of all of our Mental Trainers with whom you interact, but nothing further in using the Services, and We are not responsible for which you the User or Users gain access to the Services. It is your choice to use, continue to use, or discontinue to use the Services at anytime you wish.

Our Services and the Content provided therein are for informational and educational purposes and are not a substitute for the professional judgment and advice of health care professionals. The Content and the Services are not intended to be used for medical or mental health diagnosis, or treatment including differential diagnosis and treatment. Persons accessing this information assume full responsibility for the use of the information and Services. DMHC is not responsible or liable for any claim, loss, or damage arising from the use of the information or your use or interpretation of the Services.

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.

The Services may contain links or connections to third party websites or services that are not owned or controlled by DMHC. When you access third party websites or use third party services, you accept that there are risks in doing so, and that DMHC is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.

DMHC has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, DMHC will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.

Your interactions with organizations and/or individuals found on or through the Services are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with interaction with any of these third parties. You agree that DMHC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on the Services, or between users and any third party, you agree that DMHC is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release DMHC, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If

you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

Will DMHC ever change the Services?

We are always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We will try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

Will these Terms ever change?

We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the https://dollarmentalhealthclub.com/ website, and/or by sending you an email directly to your User account registration email.

If you do not agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

Does DMHC cost anything?

There are fees to use the Services provided by DMHC. You must pay all applicable fees before the Services are rendered.

What if I want to stop using DMHC?

You’re free to do that at any time. Simply cancel current reservations within our cancellation policy, no longer reserve or book future sessions, and cancel payment of any currently booked session. Please refer to our Privacy Policy https://dollarmentalhealthclub.com/privacy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.

DMHC is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms of Use or our Privacy Policy. DMHC has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important User Submissions you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of DMHC.

If you have deleted your account by mistake, contact us immediately at Dollarmentalhealthclubsecurity@gmail.com – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

I use the DMHC App available via the Apple App Store – should I know anything about that?

These Terms apply to your use of all the Services, including the iPhone and iPad applications available via the Apple, Inc. (“Apple”) App Store (the “Application”), but the following additional terms also apply to the Application:

  1. Both you and DMHC acknowledge that the Terms are concluded between you

and DMHC only, and not with Apple, and that Apple is not responsible for the Application or the Content; b. The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they are applicable to the Services; c. You will only use the Application in connection with an Apple device that you own

or control; d. You acknowledge and agree that Apple has no obligation whatsoever to furnish

any maintenance and support services with respect to the Application; e. In the event of any failure of the Application to conform to any applicable

warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application; f. You acknowledge and agree that DMHC, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application; g. You acknowledge and agree that, in the event of any third party claim that the

Application or your possession and use of the Application infringes that third party’s intellectual property rights, DMHC, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim; h. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;

i. Both you and DMHC acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and j. Both you and DMHC acknowledge and agree that Apple and Apple’s subsidiaries

are third party beneficiaries of this Agreement, and that upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as the third party beneficiary hereof.

What else do I need to know?

Warranty Disclaimer. DMHC does not make any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from DMHC or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL DMHC BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $15.00 OR (II) OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF

CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity. You agree to indemnify and hold harmless DMHC, its Mental Trainers, Coaches, affiliates, officers, agents, employees, and partners for and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), if you have an account, we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without DMHC’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law; Arbitration. These Terms are governed by and will be construed under the laws of the State of Florida, without regard to the conflicts of law provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Orange County, Florida, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Orange County, Florida or Tallahassee Florida.

Miscellaneous. You will be responsible for paying withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the DMHC may, in its sole discretion do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that

these Terms shall otherwise remain in full force and effect and enforceable. You and DMHC agree that these Terms are the complete and exclusive statement of the mutual understanding between you and DMHC, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all modifications to these Terms must be in a writing signed by both parties (except as otherwise provided herein). No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind DMHC in any respect whatsoever. Except as expressly set forth in the section above regarding the Apple Application, you and DMHC agree there are no third party beneficiaries intended under this Agreement.