Last Modified: Feb 28th, 2025
These Terms of Service are entered into by and between you and Nubola Group, LLC ("Company," "we," or "us"). The following terms and conditions ("Terms of Service") govern your access to and use of https://www.mentaltune.co/ (the “Website”), including any content, functionality, and products or services, including Paid Services, offered on or through the Website, as well as and placing orders for Paid Services on the Website whether as a guest or a registered user.
Please read the Terms of Service carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found at https://www.mentaltune.co/privacy, incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Website.
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them to the Website and apply to all access to and use of the Website thereafter.
Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. The latest version of these Terms of Service will be posted on the Website at all times.
We reserve the right to withdraw or amend this Website, and any product, service or material we provide on or through the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Website or the entire Website.
You are responsible for both:
To access certain features of the Website or some of the resources it offers, you will be asked to provide identification details, such as your name, gender, age, email address, and payment details for registration of your account (“Account”). At any time, you may amend your credentials as well as request to delete your Account entirely. It is a condition of your use of certain features of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register your Account, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy https://www.mentaltune.co/privacy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, any piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Account is personal to you and agree not to provide any other person with access to this Website or portions of it using your login credentials, or other security information. You agree to notify us immediately of any unauthorized access to or use of your Account or any other breach of security. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your login credentials or other personal information.
We have the right to disable any Account at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
The Website offers certain products, services and features (together, "Paid Services") that are available only to users who buy a license for a Plan. “Plan” shall mean a subscription plan to our Paid Services whose price and content is available on the Website. These Paid Services may include, but are not limited to, advanced features, tools, and other benefits as described on the Website at the time of purchase.
Paid Services may include, but are not limited to:
Nubola Group, LLC is exclusively authorized to decide on the content and nature of the Paid Services and may freely add, change, or remove particular elements. The materials provided through the Paid Services may include technical or content errors. The Company does not warrant that any of the materials are accurate, complete, or current. Changes to the materials contained on the Paid Services may be made by the Company at any time without notice. However, Nubola Group, LLC does not commit to updating the materials.
THE PROGRAM IS DESIGNED FOR EDUCATIONAL AND SELF-IMPROVEMENT PURPOSES ONLY AND IS STRICTLY NON-MEDICAL IN NATURE. IT DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT AND IS NOT A SUBSTITUTE FOR CONSULTATION WITH QUALIFIED HEALTHCARE PROFESSIONALS.
IF YOU HAVE SPECIFIC CONCERNS ABOUT YOUR MENTAL HEALTH, INCLUDING ANXIETY OR OTHER RELATED CONDITIONS, OR IF YOU ARE CURRENTLY UNDERGOING TREATMENT, WE STRONGLY ENCOURAGE YOU TO CONSULT A LICENSED HEALTHCARE PROVIDER OR MENTAL HEALTH PROFESSIONAL. YOUR WELL-BEING IS IMPORTANT, AND PROFESSIONAL GUIDANCE MAY BE NECESSARY FOR YOUR INDIVIDUAL CIRCUMSTANCES.
BY USING OUR PROGRAMS, YOU ACKNOWLEDGE AND AGREE THAT IT IS INTENDED TO PROVIDE PRACTICAL, ACTIONABLE STRATEGIES TO SUPPORT MENTAL WELL-BEING OVER TIME BUT DOES NOT REPLACE PROFESSIONAL MEDICAL OR PSYCHOLOGICAL ADVICE.
You agree that your order is an offer to buy, under these Terms of Service, a license for a Plan listed in your order.
All orders must be accepted by us or we will not be obligated to sell the Paid Services to you. We may choose not to accept any orders at our sole discretion.
All prices posted on the Website are subject to change without notice. Price increases will only apply to orders placed after such changes. The price charged for the Paid Services will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Posted prices do not include taxes. All such taxes will be added to your merchandise total and will be itemized in your order confirmation email.
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept payments by credit card and by wire transfer for subscriptions. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
YOUR SUBSCRIPTION TO RECURRING PAID SERVICES WILL AUTOMATICALLY RENEW AT THE END OF THE CURRENT SUBSCRIPTION TERM FOR SUCCESSIVE PERIODS MATCHING THE AUTOMATIC RENEWAL TERM AT THE THEN-CURRENT PRICE UNLESS YOU CANCEL PRIOR TO THE RENEWAL DATE.
You may cancel your subscription at any time through your account settings. Cancellation will be effective at the end of the current billing cycle, and you will not be charged for subsequent billing cycles.
All purchases of Paid Services are final and non-refundable, except where required by applicable law or explicitly stated otherwise on the Website. Refund requests, where permitted, will be evaluated on a case-by-case basis at the sole discretion of Nubola Group, LLC.
The Website reserves the right to suspend or terminate your access to Paid Services without notice if you violate these Terms of Service, or our Terms of Use or engage in any unauthorized or fraudulent activity. In the event of such termination, no refund will be issued.
Certain users may enjoy our services for free. To be eligible, you should provide for our review certain information about you. This information may include information about your annual household income (e.g., a redacted tax return, W2, bank statements, etc.) and any other information submitted by you as we may require.
You agree to comply with all applicable laws and regulations of the various states as might be applicable to the contract of sale between you and us, and of the United States. You represent and warrant that you are buying Paid Services from the Website for your own personal use only, and not for resale or export.
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, logotypes, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Service permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Service, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
You acknowledge and agree that:
The Company name, the terms “MENTALTUNE”, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
The Company respects the intellectual property of others and asks that users of our Website do the same. In connection with our Website, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Website who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Website, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney's fees incurred by us in connection with the written notification and allegation of copyright infringement.
You may use the Website only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website:
Additionally, you agree not to:
You must not:
We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers, and 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 the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
We shall not be liable or responsible to you, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement or provision access to the Website, profusion of the products or services, including Paid Services, when and to the extent such failure or delay is caused by or results from acts beyond the Company’s reasonable control, including, without limitation, the following force majeure events (each, "Force Majeure Event"): (a) acts of God; (b) flood, fire, earthquake, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; and (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages; and (i) other events beyond the reasonable control of Company.
Within ten days of the Force Majeure Event, we will notify you, by publication on the Website or otherwise, stating the period of time the occurrence is expected to continue. We will use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. We will apply best efforts to resume the performance of our obligations as soon as reasonably practicable after the removal of the cause. In the event that our failure or delay remains uncured for a period of 30 consecutive days following written notice given to you under this Section, you may thereafter terminate this Agreement upon written notice.
All matters relating to the Website and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Delaware without giving effect to any conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
All your information we collect on this Website is subject to our Privacy Policy https://www.mentaltune.co/privacy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Certain products and services may be provided by our partnering third-party service providers (“Third-Party Services”). The partnering third-party service providers are referred to as “Partners”.
Your use of Third-Party Services is governed by these Terms of Service as well as separate terms and conditions provided by the relevant Partners. By accessing Third-Party Services, you acknowledge and agree that they are provided "AS IS" and "AS AVAILABLE," without any warranties, representations, or conditions, and without endorsement from us. We are not responsible for the actions or inactions of the Partners, nor do we examine or evaluate the content or accuracy of Third-Party Services. We disclaim any liability or responsibility for Third-Party Services or any other materials, products, or services provided by third parties. Moreover, you may incur fees from the Partners used for performing orders you place.
Additionally, the Website may contain our partnering links and links contained in advertisements, including banner advertisements and sponsored links. These links are provided for your convenience only.
We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of this Website is based in the State of Delaware in the United States. We intend to provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUBSIDIARIES, AFFILIATES, SUPPLIERS, AND OUR/THEIR OWNERS, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, OR AGENTS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OF SERVICE OR YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, MANAGERS, OFFICERS, DIRECTORS, AND OWNERS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED $50.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless the Company, its subsidiaries, affiliates, licensors, and service providers, and its and their respective managers, officers, directors, employees, contractors, agents, licensors, suppliers, owners, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Website.
All matters relating to the Website and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Delaware without giving effect to any conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).
All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with these Terms of Service or any product or service, including Paid Services, provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, managers, directors, owners, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products, Paid Services, provided through the Website under these Terms of Service.
If any provision of this Arbitration Agreement is found unenforceable, the unenforceable provision will be severed, and the remaining Arbitration Agreement terms will be enforced.
Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to: 651 N Broad St, Suite 201, Middletown, Delaware 19709. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims, counterclaims, or request for relief under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’ most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other disputes shall be subject to JAMS’ most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’ rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in a mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
The arbitrator shall have exclusive authority to (i) determine the scope and enforceability of this Arbitration Agreement and (ii) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and the Company. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms of Service (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
YOU AND COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Company are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement.
ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this section’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in the State of Delaware. All other disputes, claims, or requests for relief shall be arbitrated.
You have the right to opt out of the provisions of this Arbitration Agreement by sending us a written notice of your decision to opt out to: contact@mentaltune.co, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your username (if any), the email address you used to set up your account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms of Service will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
No waiver by the Company of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
The Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and Nubola Group, LLC regarding your use of the Website and products or services, including Paid Services, offered on or through the Website, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
You will not assign any of your rights or delegate any of your obligations under these Terms of Service without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Service.
These Terms of Service do not and are not intended to confer any rights or remedies upon any person other than you.
We may provide any notice to you under these Terms of Service by: (i) sending a message to the email address you provide or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting to the Website will be effective upon posting. It is your responsibility to keep your email address current.
To give us notice under these Terms of Service (except for the 30-Day Right to Opt-Out Notice), you must contact us as follows: (i) by email at contact@mentaltune.co; or (ii) by personal delivery, overnight courier or registered or certified mail to Nubola Group, LLC, 651 N Broad St, Suite 201, Middletown, Delaware 19709. We may update the email or address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
This Website is operated by Nubola Group, LLC, 651 N Broad St, Suite 201, Middletown, Delaware 19709.
All feedback, comments, requests for technical support, and other communications relating to the Website and products or services, including Paid Services, offered on or through the Website should be directed to:
Address: 651 N Broad St, Suite 201
Middletown, Delaware 19709
Email: contact@mentaltune.co
To register a complaint or concern, please email us at complaints@mentaltune.co or submit your concern through our online complaint resolution form available on our Website.