08 Oct

Sound Mind Agreement

She and Soundmind acknowledge and agree to waive the right to a jury trial or to participate as a plaintiff or class member in an alleged class action or representative proceeding. Each arbitration is carried out only on an individual basis and not in the context of a procedure of collection, collection, consolidation or representativeness. However, it and Soundmind reserve the right to bring an individual action in small claims court or to assert in a competent court rights of omission or other equitable legal remedies in order to avoid infringement, misappropriation or infringement, actual or imminent, of copyright, trademark, trade secret, the patent or other intellectual property rights of a party. Where a court or arbitrator finds that, for any reason, the class action waiver is invalid or unenforceable or that an arbitration proceeding may be conducted on a class basis, the arbitration clause contained therein shall be deemed null and void in its entirety and the parties shall be deemed unincluded to settle the disputes. Except in Section 16 above, this Agreement is governed by the laws of the State of New York, without regard to conflict of laws rules. They agree to submit to the personal and exclusive jurisdiction of the national and federal courts of New York, New York, for the purpose of holding disputes. You may not assign or transfer this Agreement or your rights in whole or in part under the law or any other provision without our prior written consent. We may withdraw this agreement at any time without notice or consent. If any part of this Agreement is invalidated, you agree that such invalidation shall not affect the validity of the remaining parts of this Agreement. No waiver by Soundmind of any breach or non-performance of this Agreement shall constitute a continuing waiver of any such breach or delay, nor shall it be deemed a waiver of any prior or subsequent breach or delay. This Agreement constitutes the entire agreement between Soundmind and you with respect to the subject matter set forth above and supersedes all prior agreements and assurances between Soundmind and you. You may also have access to certain applications and features provided by Amazon or other third parties through your device (“Third Party Services”). Use of third party services is subject to this agreement and all terms applicable to such third party services.

If you do not agree to the current terms of third parties, do not use these third-party services. When you use third-party services, you are responsible for all information you make available to those third parties. Soundmind assumes no responsibility for the services of third parties. Third-party service providers may modify or adjust the functionality or functions of their third-party services. Soundmind is not responsible for any fees or charges you have incurred as a result of any fees soundmind has charged under this Agreement. By providing a credit card number or other payment method with pre-authorization functions (e.g.B. In-app payments from third parties such as Apple or Google) authorize Soundmind to continue charging the payment method with all Fees related to Soundmind until your account is settled and your services are terminated in accordance with this Agreement. A person must be of sound mind for the purpose of entering into a contract, if he is able to understand it at the time he does so and to make a rational judgment about its impact on his interests. By entering into this Agreement and/or accessing or using the Services, you expressly acknowledge that you have read, understood and agreed to be bound by it….