Effective Date: February 1, 2020
buddhi PBC (“buddhi”, “we”, “our”, “us”) offers a community connection, resources and wellness registry, including mobile applications and websites related to such platform.
The Services offer an online wellness registry, resources, and a marketplace for Users (as defined below) related to, among other things, mental health support, nutritional guidance, holistic healing tips, stress reduction, and an interactive community. Our Services are only available to individuals at least 18 years of age, who can form legally binding contracts under applicable law.
Users of our Services include individuals who are currently undergoing cancer treatment or caring for someone in active treatment, recovering from cancer treatment or have experienced cancer as a caregiver or loved one, and/or friends and family that care for someone touched by cancer or want to learn more about general wellness (collectively, “Members” and each individually a “Member”), and companies and other third parties offering products and services (collectively, “Vendors” and each individually a “Vendor”) (together, with Members, are referred to collectively, herein as “Users”). Certain areas of the Services may provide a place for Members to interact with Vendors and book services that a Vendor offers. Find out more about our Services here.
We are not a product or service provider, vendor, or an agent representative for any Vendor. We and the Services function solely as a neutral venue and digital clearinghouse where Users may connect for particular types of services or products. We are not involved in or a party to the actual transaction between Users. As a result, we have no control over the existence, quality, accuracy, safety, or legality of the transactions that take place on our Services or the accuracy of any Vendor listings. We have no control over the ability of Vendors to provide items or perform services or the ability of Members to pay for any goods and services. We make no representations or warranties and are not liable or responsible for the actions or inactions of our Users.
As a Member, you acknowledge that while we provide you with the option to select and/or purchase services from Vendors when you register for memberships or create a registry on our Services, we cannot and will not guarantee each Vendor’s identity, capabilities, the pricing of each Vendor’s products or services, that it has obtained all required permits, licenses or consents, or that it complies with all applicable laws. We do not endorse any particular Vendor nor do we guarantee the quality of their goods or services. You should use our Services as a starting point for identifying organizations that provide the products and services you need, then conduct your own research to ensure the service providers you choose to do business are appropriate for you.
As a Vendor you acknowledge that we will not endorse you or your products or services. We are in no way responsible for assisting you in reaching an agreement with Members. We are not responsible for assisting you in providing goods and services to Members. Your membership or subscription to our Services may not be transferred or sold to another party.
As a Vendor you must list the true and correct name of your business on the Services. If there is a change to that business name, Vendors must promptly update the Services and may need to provide additional documentation for proof of name change. Vendors who engage in the sale of goods and services must have a valid business operations license, as applicable. If you or your company experiences a dissolution, merger or other significant change in personnel (e.g., sale of company), then we, in our sole discretion, have the right to determine whether to keep active, transfer or terminate your account, including all content previously associated with such account.
We may offer different types of paid and free memberships or subscriptions.
In using the Services, you agree that:
If you are a Vendor, you expressly agree not to:
You are authorized to use the Services and the Content therein, solely for your own personal and non-commercial use, and all other uses are prohibited. You agree neither to use the Services to act on behalf or for the benefit of a third-party, nor to allow a third-party to have access to your username or password in order to use the Services.
The Services are not intended to provide instructions in the event of a medical emergency. If you believe you may have a medical emergency, call 911 or your local emergency medical system immediately. The Services are not an attempt to practice medicine or provide specific medical advice, nor does the use of the Services constitute the provision of treatment to a user or establish a doctor-patient relationship. For medical treatment or answers to personal questions, we strongly encourage you to consult with a qualified health care provider. For advice about your own care, please consult with your doctor. The Services are for your own general, personal, and educational purposes. The Services should not be used as a substitute for a visit with, or the diagnosis or treatment by, a qualified health care provider. Application of or reliance on any of the content, techniques, ideas, or suggestions accessed through the Services is at your sole discretion. Do not delay or forgo seeking medical care from a health care provider if you have questions, concerns, or symptoms related to health topics or information that may be presented or referenced on the Services.
The Services are not intended to provide a substitute for your own sound and reasonably prudent judgment, and are not intended to be for diagnosis purposes. Members assume full responsibility for the use of the Services, materials and other information provided, and agree that buddhi, and its representatives are not responsible or liable for any claim, loss, or damage arising from their use. Your reliance on the Services obtained or used by you is solely at your own risk except as provided by law.
You will be required to create an account and specify a password in order to use certain services or features on the Services. To create an account, you must be at least 18 years old and you must provide truthful, accurate, and complete information about yourself. Do not try to and do not impersonate anyone else when you create your account. If your information changes at any time, please update your account to reflect those changes. You agree to update such information to keep it true and accurate. buddhi is not responsible or liable for any inaccurate information you provide.
In some cases, an account may be assigned to you by an administrator, such as your employer. If you are using or logging into an account assigned to you by an administrator, additional terms may apply to your use of the Services. Moreover, your administrator may be able to access or disable your account without our involvement.
There are currently no fee-based accounts for our Services. We may offer optional fee-based services, which may include services provided by third parties. Your use of such services shall be subject to any applicable additional terms and conditions which may include the third parties’ terms and conditions, and in such circumstances, the third parties, and not us, are responsible for delivering any purchases goods or performing any booked services, and in issuing any applicable refunds. Your credit card will not be charged unless and until you agree to use that fee-based service and/or to incur a charge with us. The fee and timing of payments for the fee-based service will be described separately as part of the applicable fee-based service.
You will be asked to select a password upon creation of an account. Select a password that would be difficult to guess, and change it regularly as an added precaution. You agree not to share your password or share access to your account. You agree that you are responsible for activities that occur under your account. You agree to notify us immediately of unauthorized use of your password or account.
You represent and warrant that all communications you cause to be sent through the Services shall at all times comply with all applicable local, state and federal laws and regulations, including, but not limited to, the Telephone Consumer Protection Act, the Telemarketing Sales Rule, the CAN-SPAM Act, and all other laws and regulations concerning privacy, telemarketing, and the sending of SMS text messages.
To permanently cease receiving text messages from buddhi, reply STOP to any buddhi message. You can also adjust your settings through the Services.
You may sign up to receive certain buddhi notifications or information via text messaging. You may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. Please be aware that texting charges can fluctuate internationally. Text messaging rates can normally be found by asking your service provider.
In order to ensure that we are able to provide Communications to you electronically, you must notify us of any change in your email address and your mobile device number or other text message address by updating your profile on the Site or Application.
In order to access and retain Communications provided to you electronically, you must have: (1) a valid e-mail address; (2) a computer or other mobile device (such as a tablet or smart phone) that operates on a platform like Windows or macOS; (3) a connection to the Internet; (4) software that will connect you to the Internet and the Application and Site; (5) a Current Version of a program that accurately reads and displays PDF files, such as Adobe Acrobat Reader X or higher, or Apple Preview 10 or higher; (6) a computer or device and an operating system capable of supporting all of the above; (7) a printer to print out and save Communications in paper form or electronic storage to retain Communications in an electronic form. “Current Version” means a version of the software that is currently being supported by its publisher.
You acknowledge that any text messages you receive from buddhi are distributed via third-party mobile network providers. As a result, buddhi cannot control certain factors relating to message delivery. You further acknowledge that neither buddhi nor your wireless carrier is liable for delayed or undelivered text messages.
We may provide opportunities for you to post text, photographs, videos, links, or other content (collectively, “Content”) on the Services. You can only post Content if you own all the rights to that Content, or if another rights holder has given you permission.
You do not transfer ownership of your Content simply by posting it. However, by posting Content, you grant us, our agents, licensees, and assigns an irrevocable, perpetual, non-exclusive, right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your Content. Without those rights, we couldn’t offer our Services. Please note that this license continues even if you stop using our Services. You hereby acknowledge and agree that your relationship with buddhi is not a confidential, fiduciary or other special relationship and that your decision to submit any Content does not place buddhi in a position of trust regarding such Content.
You agree to indemnify, release, and hold us harmless from any all liability, claims, actions, loss, harm, damage, injury, cost or expense arising out of any Content you post. You further release and discharge buddhi, any owners and/or operators, of the Site or Application, their respective affiliates, subsidiaries, employees, agents, successors and assigns from any and all claims that you might have in connection with the use, publication, display, reproduction, distribution or exploitation of the Content.
Keep in mind that if you send us any information, ideas, suggestions, or other communications to us, those communications will not be confidential. Moreover, unless we tell you otherwise, we reserve the right to reproduce, use, disclose, and distribute such communications without any obligation to you.
By submitting any Content to buddhi, you represent and warrant that:
You further agree and warrant that you shall not submit any Content:
We are not responsible for, and do not endorse, Content posted by any other person. Accordingly, we may not be held liable, directly or indirectly, for any loss or damage caused to you in connection with any Content posted by another member.
We have a policy of limiting access to the Services and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on the Services infringes any copyright that you own or control, you may notify buddhi as follows:
625 W. Adams St.
Chicago, IL 60661
Also, please note that if you knowingly misrepresent that any activity or material on the Services is infringing, you may be liable to buddhi for certain costs and damages.
Do not use the Services in a way that violates any laws, infringes on anyone’s rights, is offensive, or interferes with the Services or any features on the Services (including any technological measures we employ to enforce these Terms).
If we (in our sole discretion) determine that you have acted inappropriately, we reserve the right to take down Content, terminate your account, prohibit you from using the Services, and take appropriate legal actions.
Using our Services does not give you ownership of any intellectual property rights to the buddhi Content or any other content you access. You may not use content from our Services unless you obtain permission from us or its owner, or unless you are otherwise permitted by law.
We want all Users to feel welcome and included on our Services. As such, buddhi prohibits discrimination by Users against other Users, guests, visitors, or any other party (“Protected Class”) on the basis of race, ethnicity, color, religion, sex, national origin, ancestry, physical characteristic, disability, marital status, family status or composition, pregnancy status, sexual orientation, gender identity, gender expression, political affiliation, veteran or citizenship status, age, or any other characteristic protected under applicable federal, regional, state, or local law (“Protected Characteristic”).
Such discrimination includes, but is not limited to, doing any of the following:
buddhi will take steps, in its sole discretion, to enforce this policy, up to and including the suspension from the Services of anyone who violates this policy. In addition, Vendors should make every effort to be welcoming to Members of all backgrounds. Vendors who, in buddhi’s belief, demonstrate a pattern of refusing to provide goods or services to Members who are within a Protected Class (even while articulating legitimate reasons) undermine the strength of our community and may be suspended in buddhi’s sole discretion. If you experience discrimination from any guest, User, buddhi employee, licensor, or visitor, please contact firstname.lastname@example.org, with the subject “Non-Discrimination Policy”, so we can investigate and take appropriate measures.
buddhi reserves the right to suspend any User’s access to the Services and cancel the contract of any Vendor who violates these rules or who engages in offensive and detrimental behavior, including behavior that shocks, insults, or offends the community and public morals and decency, including through making racist, discriminatory ,or offensive comments on the Services or by taking actions that would tend to reflect poorly on buddhi.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to email@example.com. You may also contact us by writing to firstname.lastname@example.org. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
EXCEPT WHERE PROHIBITED, THE SERVICES ENTITIES SHALL NOT BE LIABLE FOR (1) THE PERFORMANCE OF THE SERVICES OR THE INABILITY TO USE THE SERVICES; (2) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF $100; (3) ANY EVENT BEYOND OUR REASONABLE CONTROL; OR (4) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR ANY THIRD PARTY’S USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF THE SERVICES ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED (COLLECTIVELY, “DAMAGES”).
THIS DISCLAIMER OF LIABILITY FOR DAMAGES INCLUDES, BUT IS NOT LIMITED TO DAMAGES FOR (1) LOSS OF USE, GOODWILL, DATA, OPPORTUNITY, OR PROFITS, OR COST OF PROCURING SUBSTITUTE SERVICES; (2) THE TRANSMISSION OF ANY VIRUSES, DATA OR HARMFUL CODE THAT MAY AFFECT YOUR EQUIPMENT OR ANYONE ELSE’S EQUIPMENT; (3) ANY INCOMPATIBILITY BETWEEN THE SERVICE’S FILES AND YOUR BROWSER OR OTHER WEBSITE ACCESSING PROGRAM, (4) ANY FAILURE OF ANY ELECTRONIC OR TELEPHONE EQUIPMENT, COMMUNICATION OR CONNECTION LINES, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, OR ANY FORCE MAJEURE, ALL ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING, OR DISPLAY OF THE CONTENT ON THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF BUDDHI’S NEGLIGENT, FRAUDULENT, OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
IF THERE IS A DISPUTE BETWEEN USERS OF THE SERVICES, OR BETWEEN USERS AND ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANY VENDOR OR GIFTING PARTY, YOU AGREE THAT BUDDHI IS UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OR ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANY VENDOR OR GIFTING PARTY, YOU RELEASE BUDDHI, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUCCESSORS FROM CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR OUR SERVICES (INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH ANY REVIEWS POSTED ABOUT YOU OR VENDORS). IF YOU ARE A CALIFORNIA RESIDENT, YOU SHALL AND HEREBY DO WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
We provide our Services using a commercially reasonable level of care and promise to do our best to make sure you enjoy the Services. But there are certain things that we don’t promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OF SERVICE, NEITHER BUDDHI NOR ITS AGENTS OR THIRD PARTY SERVICE PROVIDERS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES, THE CONTENT OF THE SITE, AND THE BUDDHI CONTENT. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, WARRANTIES OR CONDITIONS OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, SECURITY AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL SUCH WARRANTIES.
ALTHOUGH BUDDHI BELIEVES THE CONTENT TO BE ACCURATE, COMPLETE, AND CURRENT, BUDDHI DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON THE SERVICES IS ACCURATE, COMPLETE, OR CURRENT. BUDDHI DOES NOT WARRANT THAT THE SERVICES, DESCRIPTIONS, INFORMATION OR CONTENT INCLUDED ON THE SERVICES WILL BE AS REPRESENTED BY THIRD-PARTY PROVIDERS, WILL BE FREE OF DEFECTS OR LAWFUL TO SELL, OR WILL BE SATISFACTORY TO YOU, OR THAT THIRD-PARTY PROVIDERS WILL PERFORM AS PROMISED.
WITHOUT LIMITING THE FOREGOING, WE AND OUR THIRD-PARTY SERVICE PROVIDERS MAKE NO WARRANTY THAT (1) THE SERVICES WILL MEET YOUR REQUIREMENTS, (2) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
The Content and buddhi Content on the Services may be out of date and buddhi makes no commitment to update the information on the Services. However, in an effort to provide you with the most current information, buddhi will, from time to time, make changes to the Content and on the Services. Your use of the Services is at your sole discretion and risk.
Any Content or other material downloaded or otherwise obtained through the Services is done at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
The parties agree to bring any dispute in arbitration only on their own behalf, and not on a class or collective actions basis. Accordingly:
There will be no right or authority for any dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). The Class Action Waiver shall not be severable from this Arbitration Agreement in any case in which: (a) the dispute is filed as a class and/or collective action and (b) a civil court of competent jurisdiction (subject to appeals if any to an appellate court) finds the Class Action Waiver is unenforceable. In such instances, the class and/or collective action must be litigated in a civil court of competent jurisdiction.
Notwithstanding any other clause or language in this document, Arbitration Agreement and/or any rules or procedures that might otherwise apply by virtue of this document or by virtue of any arbitration organization rules or procedures that now apply or any amendments and/or modifications to those rules, any claim that the Class Action Waiver or any portion of the Class Action Waiver, is unenforceable, inapplicable, unconscionable, or void or voidable, shall be determined only by a court of competent jurisdiction and not by an arbitrator.
The Class Action Waiver and any other provision of this Arbitration Agreement shall be severable in any case in which the dispute is filed as an individual (non-class and non-collective) action and severance is necessary to ensure that the action proceeds in arbitration.
The information contained on the Services, including all text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the “buddhi Content”) are copyrights, trademarks, trade dress or other intellectual property owned by, controlled by, licensed to buddhi, or are otherwise used by buddhi with permission, and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, buddhi and our licensors reserve all rights in and to our Services and the buddhi Content. We may, but are not obligated to, monitor your use of the Services and buddhi Content. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services and buddhi Content for (i) your own personal, non-commercial use or (ii) if you are a business or organization, to communicate about your business or organization with your Contacts. However, such license is subject to these Terms and does not include any right to (a) sell, resell or commercially use our Services or buddhi Content; (b) copy, reproduce, distribute, publicly perform or publicly display buddhi Content, except as expressly permitted by us or our licensors; (c) modify the buddhi Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services or buddhi Content; (d) use any data mining, robots or similar data gathering or extraction methods; and (e) use our Services or buddhi Content other than for their intended purposes. Any use of our Services or buddhi Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
These Terms, or any part thereof, may be modified by us, including the addition or removal of terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your use of the Services after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions. If you do not agree to the amended Terms, you must stop accessing and using the Services.
If you believe any materials (“Materials”) on the Services infringe your copyright or trademark rights, you may request such Materials be removed by following the notice and take down procedures of the Digital Millennium Copyright Act. To follow those procedures, contact Compliance at buddhi (address below) and provide the following information:
buddhi’s agent for notice of copyright or trademark issues on the Services can be reached as follows: email@example.com
buddhi shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, or marketing products incorporating such information. You further agree that buddhi may use information about your demographics and use of the Services in any manner that does not reveal your identity.
If you have questions or comments about this policy, you may email us at firstname.lastname@example.org or by post to: buddhi, 625 W. Adams St., 19th Floor, Chicago, IL 60661.