Participant Terms of Service
Last updated: April 14, 2023
These Participant Terms of Service sets forth the terms of your participation (“TARA Mind Relationship”) with TARA Mind (“TARA Mind”, “we”, “us”, or “our”), including the TARA Mind website located at taramind.com, the TARA Mind mobile applications, participation in services that include personalized assessments for referrals, preparation and integration services with Providers, and coaching (collectively, the “Services”). Please read these Terms carefully before using the Services. By accessing or using the Services or TARA Mind website, you agree to be bound by these Terms.
TARA Mind is affiliated with various professional corporations and their affiliated medical services providers, including providers of telehealth services (such “Providers” and collectively, “TARA Mind Provider Network”), and TARA Mind provides participant management and administrative services to the TARA Mind Provider Network. These Terms govern your access to and use of the Services offered by TARA Mind only. Services that are offered by Providers in the TARA Mind Provider Network (“Provider Services”), including those Providers to whom you may be introduced as a result of your TARA Mind Relationship, shall be governed under separate terms between you and your Provider (“Provider Terms”).
YOU AGREE THAT DISPUTES BETWEEN YOU AND TARA MIND WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNLESS YOU OPT-OUT IN ACCORDANCE WITH THE DISPUTE RESOLUTION PROCESS DESCRIBED IN SECTION 11 BELOW. UNLESS YOU OPT-OUT OF ARBITRATION, YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU WISH TO OPT OUT OF ARBITRATION, FOLLOW THE OPT-OUT PROCEDURE SPECIFIED IN SECTION 11.
PARTICIPANT REPRESENTATIONS: You represent and warrant that you are at least eighteen (18) years of age to register on the TARA Mind website, to enroll for the Services and/or use the Services. You further represent and warrant that: (i) you have the legal ability and authority to agree to these Terms of Service and use the TARA Mind website and Services; (ii) the information you provided during your registration is accurate and complete; (iii) you will comply with all applicable laws as it relates to the TARA Mind website and/or Services; and (iv) you will not interfere with, disrupt, or replicate, or attempt to interfere with, disrupt, or replicate the TARA Mind website and Services and its security measures and protocols. If any information you provided to us becomes inaccurate, incomplete, or otherwise false and/or misleading, you will immediately notify us. You are responsible for ensuring that any information you provide is complete, up to date, and accurate.
1. TARA Mind Relationship
These terms of your TARA Mind Relationship can be found on TARA Mind’s website at https://taramind.com/participant-terms-of-service/. TARA Mind may change the terms of your TARA Mind Relationship from time to time, and you will receive at least thirty (30) days’ advance notice of material changes either by email or through the TARA Mind website. If you choose not to accept such changes you may abandon your account and cease interactions with TARA Mind, which will terminate your TARA Mind Relationship (please see Section 4 for more information regarding termination). Your continued use of the Services constitutes acceptance of the amended Agreement.
2. No Emergency Care; Certain Services and Items Excluded.
If you have an emergency, you must dial 911 or your local emergency access number. Neither TARA Mind nor the TARA Mind Provider Network treat emergencies. The TARA Mind Provider Network is not intended as a primary care physician/practitioner practice. The TARA Mind Provider Network is not intended to take the place of your primary care physician.
MEDICAL DISCLAIMERS: The Services do not provide medical advice and no provision of Services is, or should be construed as, the practice of medicine. Your access and use of the TARA Mind website and/or Services does not in any way create a physician/patient or professional/client, confidential or privileged relationship. TARA Mind make no representation or warranty as to the content or quality of any treatment decision, recommendation, or response from any Provider. You should review your Provider Terms carefully and discuss any questions with your Provider. You and the Provider are solely responsible for all information and/or communication sent during a telephone or web video consultation, secure e-mail, or other communication, and the subsequent result. We do not guarantee that a telephone or web video consultation or secure e-mail is the appropriate course of treatment for your particular health care situation or needs.
3. No Insurance Accepted; Self-Payment Only.
The TARA Mind Relationship is a direct participation service; it is not health insurance. Also, the TARA Mind Provider Network does not participate in federal health care programs such as Medicare or Medicaid. You are solely responsible for payment to Providers of all fees for Provider Services. If you do have health insurance, your insurance policy is a contract between you and your insurance company. It is your responsibility to know your benefits, and how they will apply to your benefit payments. TARA Mind nor the TARA Mind Provider Network take any responsibility to understand or be bound by the terms and conditions of such insurance. There is no guarantee your insurance company will make any payment to you to reimburse some or all of the cost of the services you have purchased through your TARA Mind Relationship.
You have the right to cease your use of the Services at any time. If you wish to stop receiving communications from TARA Mind, you must unsubscribe through the described methods in emails text messages, or otherwise. TARA Mind may terminate the TARA Mind Relationship at any time for any cause with immediate effect.
5. Electronic Communications & Use of Technology.
By providing your email address, you agree to receive electronic communications via email. You may also elect to receive electronic communications via phone or SMS text messaging by completing the Wait List form at the time of sign-up. You understand that TARA Mind and the TARA Mind Provider Network use various technology, including artificial intelligence, in connection with the Services.
6. Privacy and Confidentiality.
TARA Mind and the TARA Mind Provider Network will maintain a record of the services they provide you, and will maintain the confidentiality of your medical information in accordance with applicable state law and federal law.
7. Modifications, Termination, Interruption and Disruptions to the Services.
You understand, agree and acknowledge that we may modify, suspend, disrupt or discontinue the Services, any part of the Services or the use of the Services, whether to all clients or to you specifically, at any time with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions. TARA Mind’s delivery of Services depends on various factors such as software, hardware and tools, either our own or those owned and/or operated by our contractors and suppliers. While we make commercially reasonable efforts to ensure the reliability and accessibility of our website and the Services, you understand and agree that no platform can be 100% reliable and accessible and so we cannot guarantee that access to the Services will be uninterrupted or that it will be accessible, consistent, timely or error-free at all times.
8. Entire Agreement; Amendment.
This Agreement, including any addenda and schedules hereto, sets forth the entire agreement between the parties with regard to the subject matter hereof, and supersedes all prior or contemporaneous oral or written agreements regarding the same subject matter.
9. INDEMNIFICATION: You hereby agree to hold harmless, defend and indemnify TARA Mind, its principals, owners, officers, directors, managers, employees, contractors, agents, other affiliated companies, suppliers, successors, and assigns from all liabilities, claims, demands, and expenses, including attorneys’ fees, that arise from or are related to (a) your use or misuse of the Services, (b) your breach of these Terms of Service, (c) the content or subject matter of any information you provide to us, and/or (d) any negligent or wrongful act or omission by you in the use or misuse of the Services, including without limitation, infringement of third party intellectual property rights. You agree to waive, to the fullest extent permitted by law, all laws that may limit the efficacy of such indemnifications or releases.
10. LIMITATION ON LIABILITY:IN NO EVENT SHALL TARA MIND BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OF USE, LOSS OF PROFITS, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE TARA MIND WEBSITE OR THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE ARE NOT LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BASED ON USE OF THE TARA MIND WEBSITE OR SERVICES, EXCEPT AS REQUIRED BY LAW. TARA MIND’S TOTAL LIABILITY TO, ARISING FROM, OR RELATED TO YOUR USE OF THE SERVICES SHALL BE LIMITED TO $10,000.
If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.
This section (limitation of liability) shall survive the termination or expiration of this Agreement.
DISCLAIMER: THE TARA MIND WEBSITE OR SERVICES ARE PROVIDED BY TARA MIND ON AN “AS IS” AND “AS AVAILABLE” BASIS. TARA MIND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE TARA MIND WEBSITE OR SERVICES WILL BE UNINTERRUPTED, FREE FROM ERROR, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
TARA Mind will use reasonable efforts to keep the TARA Mind website or Services content timely and accurate, but we make no guarantees, and disclaim any implied warranty or representation about its accuracy, relevance, timeliness, completeness, or appropriateness for a particular purpose. We assume no liability arising from or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the TARA Mind website or Services.You hereby agree to hold harmless, defend and indemnify TARA Mind, its principals, owners, officers, directors, managers, employees, contractors, agents, other affiliated companies, suppliers, successors, and assigns from all liabilities, claims, demands, and expenses, including attorneys’ fees, that arise from or are related to (a) your use or misuse of the Services, (b) your breach of these Terms of Service, (c) the content or subject matter of any information you provide to us, and/or (d) any negligent or wrongful act or omission by you in the use or misuse of the Services, including without limitation, infringement of third party intellectual property rights. You agree to waive, to the fullest extent permitted by law, all laws that may limit the efficacy of such indemnifications or releases.
THIS SECTION 11 OF THESE TERMS SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT.”
By accepting the terms of this Arbitration Agreement, you and the TARA Mind (collectively, “Parties”) agree that any dispute, claim, or controversy (except those specifically exempted below) arising out of or relating to (i) this Agreement and prior versions of this Agreement, or concerning the existence, applicability, breach, termination, enforcement, interpretation, scope, waiver, or validity thereof; and (ii) the use of the Services or TARA Mind website (collectively, “Disputes”) will be resolved on an individual basis by final and binding arbitration, regardless of its date of accrual.
By accepting the terms of this Arbitration Agreement, you and the Company mutually agree to waive their respective rights to trial by jury.
If the parties cannot otherwise agree on a location for the arbitration, the arbitration shall take place in Wilmington, Delaware.
Class, Collective, and Other Representative Action Waivers (“Class Action Waiver”). You and TARA Mind mutually agree that by entering into this Arbitration Agreement, both waive their right to have any dispute, claim, or controversy brought, heard or arbitrated as a class, collective, and/or other representative action to the maximum extent permitted by law, and an arbitrator will not have any authority to hear or arbitrate any such class, collective, or other representative action. You also waive your right to receive notice of any class, collective, or other representative action that may be filed. Notwithstanding any other clause contained in this Arbitration Agreement or the American Arbitration Association and its Consumer Arbitration Rules, incorporated herein by reference, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. In any case in which (i) the dispute is filed as a class, collective, or other representative action; and (ii) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class, collective, or other representative action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration.
Optional Pre-Arbitration Dispute Resolution and Notification. Before initiating arbitration, you and TARA Mind may first attempt to resolve any Disputes informally for 30 days, unless this time period is mutually extended by the Parties. The informal negotiations begin upon receipt of written notice from one party to the other (“Notice of Dispute”). The Notice of Dispute must: (i) include the full name and contact information of the complaining party; (ii) describe the nature and basis of the dispute, claim, or controversy; and (iii) set forth the specific relief sought. TARA Mind will send its Notice of Dispute to your email address. You will send your Notice of Dispute to: TARA Mind, 1800 Tysons Blvd., Mclean, VA 22102.
Application to Third Parties. This Arbitration Agreement shall be binding upon, and shall include any claims brought by or against any third parties, including but not limited to your spouses, heirs, third-party beneficiaries and assigns, where their underlying claim(s) arise out of or relate to your use of the TARA Mind website or Services. To the extent that any third-party beneficiary to this Agreement brings claims against the Parties, those claims shall also be subject to this Arbitration Agreement.
Right to Opt-Out of Arbitration. You may opt out from this Arbitration Agreement within 30 days after you first access or use the TARA Mind website or Services by sending written notice of your decision to opt-out to email@example.com, using the subject line “Arbitration Opt-Out.” Please state that you are opting out of this Arbitration Agreement and Class Action Waiver and provide your name and address. If you opt out of this Arbitration Agreement and Class Action Waiver within the 30-day period, neither you nor TARA Mind will be required to arbitrate disputes and may instead litigate those disputes without regard to this Arbitration Agreement and Class Action Waiver. Should you not opt out of this Arbitration Agreement and Class Action Waiver within the 30-day period, you and TARA Mind shall be bound by the terms of this Arbitration Agreement and Class Action Waiver. You have the right to consult with counsel of your choice concerning this Arbitration Agreement and Class Action Waiver.
Survival. This Arbitration Agreement survives after the termination or expiration of the Parties’ relationship
12. Miscellaneous. Governing Law.
This Agreement shall be governed by and construed in accordance with the state laws of Delaware without reference to conflicts of laws principles.
Venue. The exclusive forum for all disputes arising under or relating to this Agreement shall be in Delaware unless such action cannot by law be brought in such forum, in which case the venue required by law shall govern.
Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver or deprive that party of the right thereafter to that term or any other term of this Agreement.
Severability. The invalidity or unenforceability of any term or provision of this Agreement shall not affect the validity or unenforceability of any other term(s) or provision(s).
Successors. This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors, assigns, heirs, executors and administrators.
No Assignment. You may not assign your rights, duties and obligations under this Agreement without the prior written consent of TARA Mind, whose consent may be withheld for any reason. Any attempt to assign said rights, duties and obligations without the prior written consent of TARA Mind will be null and void and of no force or effect. TARA Mind may assign this Agreement with thirty (30) days advance written notice to you.
Execution. This Agreement may be executed electronically.
Notices. Any communication required or permitted to be sent under this Agreement shall be in writing and sent via electronic mail (a) to TARA Mind at 1800 Tysons Blvd., Suite 900, Mclean, VA 22102; and (b) to you at the email or the address you designate at signature.
By proceeding with my access to the TARA Mind Website, or Services with TARA Mind, you agree that you have read, understand, and agree to these TARA Mind Participant Terms of Service.
Effective: April 14, 2023