MENTAL CONNECTION Terms of Use

Last Revised: 12/18/2025

The following terms and conditions (the “Terms of Use”) constitute a binding agreement between you and Mental Connection, a website established as a collaborative initiative between Uintah Basin Healthcare, Ashley Regional Medical Center, TriCounty Health, and Northeastern Counseling Center (“Mental Connection,” “we,” or “us”) with respect to your use of https://mentalconnection.com/ (the “Site”), our mobile application (“Mobile App”) and the services and content available on the Site (“Services” collectively with the Site and Mobile App, the “Offerings”).  

By accessing or using the OFFERINGS in any manner (whether automated or otherwise), you ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS OF USE AND OUR PRIVACY NOTICE, WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR OUR PRIVACY NOTICE, DO NOT USE THE OFFERINGS.

THESE TERMS OF USE INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE OFFERINGS AND THESE TERMS OF USE TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. THE DISPUTE RESOLUTION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. MORE INFORMATION ABOUT THE ARBITRATION AND CLASS ACTION WAIVER CAN BE FOUND IN SECTION 16 (ARBITRATION AGREEMENT) BELOW.

Contents

  1. Changes to Terms of Use. 2
  2. The Services. 2
  3. Age Verification and Eligibility. 2
  4. Scope of and Restrictions on Use. 3
  5. Ownership. 3
  6. Electronic Communications. 4
  7. Privacy Notice. 4
  8. Change and Suspension. 4
  9. Account 4
  10. Mobile App Terms. 4
  11. Copyright Infringement 6
  12. Disclaimer; Limitation of Liability. 8
  13. Indemnification. 9
  14. Third-Party Materials. 9
  15. Linking to the Site. 10
  16. Arbitration Agreement 10
  17. Miscellaneous. 13
  18. Questions. 14
  19. Notice to California Residents. 14

1. Changes to Terms of Use

. We may revise and update these Terms of Use from time to time in our sole discretion. The date these Terms of Use were last updated is set forth at the top of this page. All changes are effective immediately and apply to all access to, and use of, the Offerings thereafter. Your continued use of the Offerings following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

2. The Services

. The Offerings may be used to connect mental health providers (“Providers”), with those seeking Providers (“End Users”), based on a Provider’s location and services provided. THE OFFERINGS ARE NOT INTENDED FOR CRISIS SITUATIONS. IF YOU ARE EXPERIENCING THOUGHTS OF SELF-HARM, CONSIDERING VIOLENCE TOWARD OTHERS, BELIEVE SOMEONE IS IN IMMEDIATE DANGER, OR FACING A MEDICAL EMERGENCY, CONTACT EMERGENCY SERVICES (911) OR LOCAL AUTHORITIES IMMEDIATELY.  Please see Section 12 for more information on what the Offerings should not be used for.

By using the Offerings, each Provider represents and warrants that (i) they reside or practice in Uintah Basin, Utah; Duchesne County, Utah; Daggett County, Utah; Uintah County, Utah; Dinosaur, Colorado; or Rangely, Colorado; (ii) they are licensed to provide mental health services through the Department of Professional Licensing; (iii) all information provided to the Site is complete and accurate, and (iv) each Provider is not an employee or agent of Mental Connection and shall take no actions to represent to End Users that they are employees or agents of Mental Connection or that Mental Connection is affiliated or related to any service such Provider provides. 

By using the Offerings, End Users agree and acknowledge that Mental Connection provides the Offerings to connect Provider with End Users, but that Mental Connection itself does not provide any mental health services and it is not a healthcare provider. The Providers are not the employees or agents of Mental Connection and Mental Connection is not responsible for any services provided by a Provider. 

3. Age Verification and Eligibility

Providers must be at least 18 years of age to use any Mental Connection Offerings, including making an account. By using Mental Connection Offerings, you represent and warrant that you are at least 18 years of age and have the legal capacity to comply with these Terms of Use. If you are under 18, you may not use Mental Connection Services under any circumstances.

End Users must be at least 18 years of age to use any Mental Connection Offerings. By using Mental Connection Offerings, you represent and warrant that you are at least 18 years of age and have the legal capacity to comply with these Terms of Use. If you are under 18, you may not use Mental Connection Services under any circumstances.

4. Scope of and Restrictions on Use

Subject to these Terms of Use, Mental Connection grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Offerings for your personal, non-commercial use, including any audio files, graphics, instructions, images, measurements, sounds, text, videos, and other materials you may view on, access through, or are otherwise related to the Offerings (collectively, the “Content”). Except as otherwise provided in these Terms of Use, the Content may not be copied, downloaded, or stored in a retrieval system for any other purpose, nor may it be modified, redistributed, or reused for any purpose, without the express written permission of Mental Connection. You agree not to:

  • collect information, including, without limitation, Content from the Offerings using an automated software tool or manually on a mass basis (for example, “scraping”);
  • use automated means to access the Offerings, or gain unauthorized access to the Offerings, or to any account or computer system connected to the Offerings;
  • obtain, or attempt to obtain, access to areas of the Site or our systems that are not intended for access by you;
  • “flood” the Offerings with requests or otherwise overburden, disrupt, or harm the Offerings or our systems;
  • restrict or inhibit other users from accessing or using the Offerings;
  • modify or delete any copyright, trademark, or other proprietary rights’ notices that appear on the Site or in the Content;
  • adapt, copy, modify, translate, or otherwise create derivative works or improvements of the Offerings, in whole or in part;
  • reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to the source code of the Offerings, or any part of Offerings, or methods used to compile the Content; and
  • access or use the Offerings or Content for any unlawful purpose or otherwise beyond the scope of the rights granted herein.

5. Ownership

As between you and Mental Connection, Mental Connection owns the Offerings (including the Content) which are protected under copyright, trademark, and other applicable United States and international laws and treaties. Mental Connection owns copyright in the arrangement, coordination, enhancement, and selection of the Content, as well as in the Content original to Mental Connection. Without limiting the foregoing, the trademarks, service marks, and logos displayed on the Site are registered and unregistered marks of Mental Connection. You acknowledge and agree that, as between you and Mental Connection, Mental Connection is, and shall remain, the sole owner of the Offerings and the Content, including, without limitation, all patents, copyrights, trademarks, trade secrets, and other intellectual property and proprietary rights therein and thereto. 

6. Electronic Communications

Communications between you and Mental Connection via the Offerings is by electronic means. For contractual purposes, you consent to receive communications from us in electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

7. Privacy Notice

. You acknowledge and agree that all information collected by Mental Connection is subject to our Privacy Notice. By using the Offerings, you consent to all actions we take with respect to your information in compliance with our Privacy Notice.

8. Change and Suspension

.

8.1 Changes to the Offerings

. Mental Connection reserves the right to make changes to, suspend, or discontinue (temporarily or permanently), the Offerings or any portion thereof (including any Content) at any time. You agree that Mental Connection will not be liable to you or to any third party for any such change, discontinuance, or suspension.

8.2 Suspension/Termination of Access

. Mental Connection has the right to deny access to, and to suspend or terminate your access to, the Offerings or to any features or portions thereof, at any time and for any reason, including if you violate these Terms of Use. If we suspend or terminate your access to the Offerings, you will continue to be bound by the Terms of Use that were in effect as of the date of your suspension or termination.

9. Account

9.1 Account

. Access to and use of certain Offerings may require you to register for an account. You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up to date. You are responsible and liable for all activities conducted through your account, regardless of who conducts those activities. You may not share your account with anyone or allow anyone else to access or use your account. You are responsible for maintaining the confidentiality of your account information, including your username and password. You agree to immediately notify us of any unauthorized use of your account, or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your username or password.

10. Mobile App Terms

. The following additional terms and conditions in this Section apply to your use of the Mobile App.  You acknowledge and agree that the availability of the Mobile App and/ or Services available on the Mobile App is dependent on the third-party from whom you downloaded the Mobile App – e.g., the Apple Online Store, Google Play, or such other application store (each, an “App Store”) compatible with your smartphone or portable device (“Device”). You further acknowledge and agree that:

10.1  these terms are between you and us and not with the App Store;

10.2          your non-transferable license to use the Mobile App is limited to Device(s) that you own or control, except that such Mobile App may be accessed and used by other accounts associated with the purchaser via an App Store provider’s sharing plan;

10.3          the App Store is not responsible for: (i) the Mobile App or the Services; (ii) any maintenance, support services; or (iii) addressing any claims relating to Mobile App or Services (e.g., product liability, legal compliance or intellectual property infringement);

10.4          to the maximum extent permitted by applicable law, the App Store will have no other warranty obligation whatsoever with respect to the Mobile App, and the App Store will not be responsible for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Mobile App to conform to any applicable warranty, and we have disclaimed all warranties with respect to the Mobile App in the “Disclaimer of Warranties” Section of these Terms of Use;

10.5          you and we acknowledge that the App Store shall have no responsibility for addressing any claims by you or any third party relating to the Mobile App or Services or your possession and/or use of the Mobile App or Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Mobile App or Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation;

10.6          if a third party claims that the Mobile App or Service or your possession and use of the Mobile App or Service infringes a third party’s intellectual property rights, the App Store is not responsible for the investigation defense, settlement, or discharge of any such intellectual property infringement claim;

10.7          you will pay the fees (if any) charged by the App Store in connection with the Mobile App;

10.8          that you are not located in a country that is subject to a United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and that you are not listed on any United States government list of prohibited or restricted parties;

10.9          you will comply with, and that your license to use the Mobile App is conditioned upon your compliance with, all applicable App Store terms and conditions and any other third-party terms applicable to the Mobile App or Service; and

10.10      the App Store (and its subsidiaries) are intended third-party beneficiaries of all terms in these Terms of Use applicable to the App Store (including, any restrictions on the use of the Mobile App or Services that, if violated, materially impact the rights of an App Store) and have the right to enforce them directly against you.

For Apple-branded Devices, the following additional provisions also apply. To the extent any terms of these Terms of Use regarding usage of the Mobile App are in conflict with terms and conditions of the Apple Media Services Terms and Conditions as of its effective date, the Apple Media Service Terms and Conditions terms apply with respect to the subject matter in conflict. In the event of any failure of the Mobile App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Mobile App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Mobile App.

11. Copyright Infringement

11.1 Claims of Copyright Infringement

.

(a)     Mental Connection respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA“), if you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below. 

(b)     Notices and counter-notices with respect to the Site must meet the then-current statutory requirements imposed by the DMCA (see http://copyright.gov/title17/92appb.html) and should be sent to the agent identified below. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

Copyright Agent:           Kyson Snow

                                          Uintah Basin Medical Center
                                          250 W 300 N
                                          Roosevelt,  UT  84066
                                          Phone: 4357252071
                                          Email: kyson_snow@ubh.org

(c) We disclaim any responsibility or liability for copyrighted materials posted by a user or third party on our Site. 

(d) Please note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

11.2 Notices of Alleged Infringement for Content Made Available through the Mental Connection Site

.

(a)      If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice (“Copyright Notice“) complying with the following requirements:

(i) Identify the copyrighted works that you claim have been infringed.

(ii) Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.

(iii)              Provide your mailing address, telephone number, and, if available, email address.

(iv)              Include both of the following statements in the body of the Copyright Notice:

(A)               “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

(B)               “I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

(v)                Provide your full legal name and your electronic or physical signature.

(vi)              Deliver this Copyright Notice, with all items completed, to our Copyright Agent.

(b)               We will review your Copyright Notice once we receive it. Please be advised that Mental Connection will not respond to complaints that do not meet the above requirements. If Mental Connection determines that the materials alleged to infringe on your copyright or trademark rights do not require removal, Mental Connection will remove those materials only pursuant to a court order declaring the content or use of the materials unlawful.

11.3 Counter-Notices of Alleged Infringement for Content Made Available through the Mental Connection Site

.

(a)     If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice (“Copyright Counter-Notice”), which must include the following requirements:

(i)                  Your name, address, and telephone number.

(ii)                The source of the content that was removed.

(iii)              A statement under penalty of perjury that you have a good-faith belief that the content was removed in error.

(iv)              One of two statements:

(A)               If you are located within the U.S. – “I consent to the jurisdiction of the United States federal district court for the judicial district in which my address is located and will accept service of process from the person who provided the notice set forth above or their agent.”

(B)               If you are located outside of the U.S. – “I consent to the jurisdiction of any United States federal district court where Mental Connection is located and will accept service of process from the person who provided the notice set forth above or their agent.”

(b)               A physical or electronic signature (for example, typing your full name).

(c)                Deliver this Copyright Counter-Notice, with all items completed, to our Copyright Agent.

(d)               We will review your Copyright Counter-Notice once we receive it. If your Copyright Counter-Notice is complete and valid, we will forward the information you provided to the person who filed the complaint. If they do not notify us within 10-14 business days that they have filed a lawsuit against you, we will take steps to restore the content that we’ve removed or disabled.

12. Disclaimer; Limitation of Liability

.

12.1 Disclaimer of Warranties

.

THE OFFERINGS ARE NOT INTENDED FOR CRISIS SITUATIONS. IF YOU ARE EXPERIENCING THOUGHTS OF SELF-HARM, CONSIDERING VIOLENCE TOWARD OTHERS, BELIEVE SOMEONE IS IN IMMEDIATE DANGER, OR FACING A MEDICAL EMERGENCY, CONTACT EMERGENCY SERVICES (911) OR LOCAL AUTHORITIES IMMEDIATELY. IF YOU PROCEED TO USE THE OFFERINGS NOTWITHSTANDING THIS NOTICE, YOU DO SO ENTIRELY AT YOUR OWN RISK. DO NOT DISREGARD, AVOID, OR DELAY IN OBTAINING IN-PERSON CARE FROM YOUR DOCTOR OR OTHER QUALIFIED PROFESSIONAL BECAUSE OF INFORMATION OR ADVICE YOU RECEIVED THROUGH THE OFFERINGS.

THE OFFERINGS ARE NOT INTENDED FOR THE PROVISION OF CLINICAL DIAGNOSIS OR THE PROVISION OF ANY HEALTH CARE ADVICE. THE MATERIALS AND INFORMATION CONTAINED IN THE OFFERING ARE INTENDED FOR INFORMATIONAL PURPOSES ONLY. SOME OF THE INFORMATION MAY BE DATED AND NOT REFLECT CURRENT HEALTH CARE INFORMATION. ANY OPINIONS EXPRESSED ON OR THROUGH THE OFFERINGS DO NOT REFLECT THE OPINION OF MENTAL CONNECTION.

THE OFFERINGS AND THE CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND MENTAL CONNECTION HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER MENTAL CONNECTION, NOR ANY PERSON ASSOCIATED WITH MENTAL CONNECTION, MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE ACCURACY, AVAILABILITY, COMPLETENESS, QUALITY, RELIABILITY, OR SECURITY OF THE OFFERINGS OR ANY CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER MENTAL CONNECTION NOR ANYONE ASSOCIATED WITH MENTAL CONNECTION, REPRESENTS OR WARRANTS THAT THE OFFERINGS OR CONTENT WILL BE ACCURATE, ERROR-FREE, RELIABLE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE OFFERINGS, CONTENT, OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE OFFERINGS OR CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

12.2 Limitation of Liability to the Fullest Extent Permitted by Law

. IN NO EVENT WILL MENTAL CONNECTION OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE OFFERINGS OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO, BODILY INJURY OR DEATH, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IF, NOTWITHSTANDING THE PROVISIONS OF THIS SECTION 12.2, MENTAL CONNECTION IS FOUND LIABLE FOR ANY LOSS, DAMAGE, OR INJURY UNDER ANY LEGAL THEORY RELATING IN ANY WAY TO THE SUBJECT MATTER OF THESE TERMS OF USE, IN NO EVENT WILL MENTAL CONNECTION’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY EXCEED U.S. $500 OR THE AMOUNT YOU HAVE PAID US IN THE LAST 12 MONTHS. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS OF USE FAIL OF THEIR ESSENTIAL PURPOSE. USE OF THE OFFERINGS IS AT YOUR SOLE RISK.

12.3 Exclusions

. Some jurisdictions do not allow the exclusion or limitation of certain warranties or consequential damages, so some of the exclusions and/or limitations in this Section 12 may not apply to you.

13. Indemnification

. You agree to indemnify, defend, and hold Mental Connection and its officers, directors, employees, agents, licensors, and service providers harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or resulting from your use of the Offerings and/or any Content, or any violation of these Terms of Use or applicable law. We reserve the right, at our own expense, to assume the exclusive defense and control of any action subject to indemnification by you, and in such event, you agree to cooperate with us in defending such action. Your indemnification, defense, and hold harmless obligations will survive the termination of your use of the Offerings and/or these Terms of Use.

14. Third-Party Materials

. The Offerings may display, include, or make available third-party content (including data, information, applications and other products, services and/or materials) or provide links to third-party websites or services (collectively, “Third-Party Materials”). You acknowledge and agree that Mental Connection is not responsible for any Third-Party Materials, including their accuracy, completeness, decency, legality, quality, timeliness, validity, or any other aspect thereof.  Mental Connection does not assume and will not have any liability to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and are subject to such third-parties’ terms and conditions.

In addition, the Offerings may include content provided by third parties, including materials provided by other users, bloggers, third-party licensors, syndicators, aggregators, and/or reporting services. 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 Mental Connection, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Mental Connection.

15. Linking to the Site

. You may link to the Site’s homepage, provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Site must not be framed on any other website, nor may you create a link to any part of the Site other than the homepage. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

16. Arbitration Agreement

. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND IMPACTS THE WAY THAT YOU AND WE BRING CLAIMS AGAINST EACH OTHER AND HOW THOSE CLAIMS ARE DECIDED.

16.1 Dispute Resolution

. YOU AND WE AGREE THAT ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY, OR FORMATION OF THESE TERMS OF USE OR YOUR USE OF THE OFFERINGS AND/OR CONTENT WILL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION THROUGH THE AMERICAN ARBITRATION ASSOCIATION, RATHER THAN IN COURT. THIS AGREEMENT TO ARBITRATE IS INTENDED TO BE BROADLY INTERPRETED AND INCLUDES ANY DISPUTE, CLAIM, OR CONTROVERSY BETWEEN YOU AND MENTAL CONNECTION REGARDING ANY ASPECT OF YOUR RELATIONSHIP WITH US OR ANY CONDUCT OR FAILURE TO ACT ON OUR PART, INCLUDING CLAIMS BASED ON BREACH OF CONTRACT, TORT (FOR EXAMPLE, A NEGLIGENCE CLAIM), VIOLATION OF LAW, OR ANY CLAIMS BASED ON ANY OTHER THEORY, AND INCLUDING THOSE BASED ON EVENTS THAT OCCURRED PRIOR TO THE DATE OF THIS AGREEMENT, WITH THE FOLLOWING EXCEPTIONS:

(a)                Any claim regarding the validity, protection, or enforcement of a party’s intellectual property rights (such as its patent, copyright, trademark, trade secret, or moral rights, but not including its privacy or publicity rights) must be brought in court with jurisdiction.

(b)               In the event this agreement to arbitrate is for any reason held to be unenforceable, any dispute or claim against us may be commenced only in a federal or state court located in Salt Lake City, Utah, and we both consent to the jurisdiction of and venue in those courts for such purposes. We both also consent to the jurisdiction of and venue in those courts for purposes of any claim regarding the validity, protection, or enforcement of your or our intellectual property rights (excluding its privacy or publicity rights). You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

(c)                All challenges to the interpretation or enforceability of any provision of these Terms of Use, including questions of arbitrability, shall be brought before the arbitrator, and the arbitrator shall rule on all questions regarding the interpretation and enforceability of these Terms of Use.

This agreement to arbitrate is governed by the Federal Arbitration Act, including its procedural provisions, in all respects.

16.2 Prohibition of Class Actions and Non-Individualized Relief

. ANY ARBITRATION WILL BE CONDUCTED BY THE PARTIES IN THEIR INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF, AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). 

16.3 Arbitration Rules

. The arbitration will be administered by the American Arbitration Association (“AAA”) and will be governed by AAA’s Consumer Arbitration Rules (“AAA Rules”), as modified by this agreement to arbitrate. The AAA Rules may be accessed at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity, and must enforce the same limitations stated in this agreement to arbitrate as a court would. The arbitrator will issue an award decision in writing but will not provide an explanation for the award unless you or Mental Connection requests one. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Any arbitration will be confidential. Neither you, we, the AAA, nor the arbitrator may disclose the existence, content (including any oral or written submissions), or results of any arbitration, except as may be required by applicable law or for purposes of enforcing or challenging the arbitration award.

16.4 Demand for Arbitration

. A party who intends to arbitrate (“Claimant”) must first send to the other party (“Respondent”) a written notice, entitled “Demand for Arbitration” (“Demand”). The Demand must: (a) briefly explain the dispute; (b) provide the Claimant’s name and address, the address of the Claimant’s representative (if the Claimant has one), and the Respondent’s name and address (for Mental Connection, see below); (c) specify the amount of money in dispute, if applicable; (d) if the Claimant is requesting an in-person hearing, identify the requested location for the hearing; and (e) include a statement of what the Claimant wants. The Claimant must send one copy of the Demand to the AAA at the same time the Claimant sends it to the Respondent. When sending a copy of the Demand to the AAA, the Claimant must also include a copy of this arbitration agreement and any amendments to it (see Section 16.7), and the then current filing fee required by the AAA. The Demand must be sent to the AAA at the following address:

American Arbitration Association

Case Filing Services

1101 Laurel Oak Road, Suite 100

Voorhees, NJ 08043

Alternatively, the Demand may be filed with the AAA online using: AAA WebFile: https://www.adr.org. Any Demand to Mental Connection should be addressed to: Admin@mentalconnection.com

Mental Connection’s Address

Mental Connection

Attn: Admin

250 W 300 N Roosevelt, Utah 84066

16.5 Filing, Administration, and Arbitrator Fees

. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Section 16. Each party will bear its own fees in connection with the arbitration, including the expense of its own counsel, experts, witnesses, and preparation and presentation of evidence at any arbitration hearing.

16.6 OPT-OUT PROCEDURE

. IF YOU DO NOT WISH TO BE BOUND BY THE ARBITRATION PROVISIONS IN THIS SECTION 16, YOU MUST NOTIFY MENTAL CONNECTION IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT FOR THE FIRST TIME. YOU MAY OPT OUT BY MAILING A WRITTEN NOTICE TO MENTAL CONNECTION AT THE ADDRESS SET FORTH IN SUBSECTION 16.4. YOUR WRITTEN NOTIFICATION TO MENTAL CONNECTION MUST INCLUDE YOUR NAME, MAILING ADDRESS, E-MAIL ADDRESS, AND PHONE NUMBER, AS WELL AS A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH MENTAL CONNECTION THROUGH ARBITRATION. IF YOU OPT OUT OF THE ARBITRATION PROVISIONS IN THIS SECTION 16, ALL OTHER PROVISIONS OF THIS AGREEMENT TO ARBITRATE WILL CONTINUE TO APPLY.

16.7 Amendment to Arbitration Provisions

. Notwithstanding any provision in this agreement to arbitrate to the contrary, you and we agree that if we make any amendment to the arbitration provisions in this Section 16 in the future (other than an amendment to any notice address or site link provided herein), that amendment shall not apply to any claim that was filed in a legal proceeding against Mental Connection prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims that have arisen or may arise between you and Mental Connection. We will notify you of amendments to the arbitration provisions of this Section 16 by posting the amended terms on the Site, and/or by providing notice to you by email, at least 30 days before the effective date of the amendments. If you do not agree to the amended terms, you may immediately cease all use of the Offerings, and you will not be bound by the amended terms.

17. Miscellaneous

.

17.1 Geographic Restrictions

. Mental Connection is based in the United States. We make no claims that the Offerings or the Content are accessible or appropriate outside of the United States. Access to and use of the Offerings may not be legal by certain persons or in certain countries. If you access the Offerings from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

17.2 Governing Law

. These Terms of Use and any dispute or claim arising out of or related to these Terms of Use, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Utah, other than such laws and case law that would result in the application of the laws of a jurisdiction other than the State of Utah. 

17.3 Limitation on Time to File Claims

. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE OFFERINGS (INCLUDING THE CONTENT) MUST BE COMMENCED WITHIN SIX MONTHS AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

17.4 Assignment

. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Mental Connection without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

17.5  Feedback

. You may provide feedback, comments, ideas, communications, improvements or suggestions (collectively, “Suggestions“) as long as the Suggestions are not illegal, obscene, defamatory, do not infringe on the intellectual property rights of any third party, or are not otherwise injurious or objectionable. Any Suggestions provided by you to Mental Connection with respect to the Offerings shall remain the sole and exclusive property of Mental Connection. Mental Connection shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.

17.6 Waiver and Severability

. Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible, and the remaining provisions of these Terms of Use will continue in full force and effect.

17.7 Entire Agreement

. These Terms of Use, including our Privacy Notice, constitute the sole and entire agreement between you and Mental Connection with respect to the subject matter hereof, and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

18. Questions

. If you have any questions about the Offerings or these Terms of Use, please contact us at:  Attn: Marketing 250 W 300 N Roosevelt, Utah 84066.

19. Notice to California Residents

. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

35679684_v6