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Please read this Terms of Service ("Terms," "Terms of Service") carefully before using the https://www.mindermemory.com/ website (the "Website") operated by Minder Neuropsychological Services (DBA, Minder Memory Center), a Professional Corporation formed in California, United States ("us," "we," "our") as this Terms of Service contains important information regarding limitations of our liability. Your access to and use of this Website is conditional upon your acceptance of and compliance with theseTerms. These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use the Website. By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Website.
We offer services on this Website. The price of these services is customized based on your needs, which means that we will provide you with a quote after we determine your needs. This price includes all applicable taxes and other fees. Of note, we offer quotes for “full” and “phased” evaluations. If you choose to purchase a “phased” evaluation, your neuropsychologist may recommend more testing after you complete Phase 1. It will be up to you whether you want to complete Phase 2 and additional payment fees may be required.
We offer cancellations on purchases made of the services offered on our Website within 24 hours of purchasing. You may cancel your order by contacting us by email at contact@mindermemory.com. If you cancel your purchase within 24 hours, you will be charged a cancellation fee of 10% and the remaining 90% will be refunded. After 24 hours, the appointment can be rescheduled but the purchase cannot be refunded. If the appointment is rescheduled within 72 hours of the appointment time, there will be no fee for rescheduling. If the appointment is rescheduled within 72 hours of the appointment, a $199 rescheduling fee will apply.
We reserve the right to cancel your purchase for any reason, at our sole discretion, including but not limited to fraud, inaccuracies, and unavailability of the items or services purchased. We will let you know immediately if we plan on cancelling your purchase.
We will issue you a refund of the full purchase price that you paid if we cancel your purchase.
We do not offer refunds on any purchases made on this Website.
All of our services are clinical in nature. This means that the goal of our services is to aid in diagnosis and treatment. Although the written report may also be quite useful in legal or other institutional settings (i.e., disability cases, academic accommodations), there is no guarantee it will produce the desired results. Many people are unhappy when they receive a diagnosis of a cognitive disorder but our goal is to provide an accurate diagnosis regardless of the patient's expectations and/or beliefs. We also can not guarantee how quickly the results and the written report will be available. Although typically results should be available within 7-14 working days of testing, some medical cases are more complex and it can take longer to receive the results.
The written report will contain the results from testing, clinical interview, background information, and medical records that have been provided. If there are errors in the report, they can be corrected in the appendix, but the content in the clinical report itself and the conclusions drawn there within are solely at the discretion of the clinician. Medicolegal work (e.g., speaking with lawyer, testifying in court, etc) is beyond the scope of our services, is not guaranteed, would need to be agreed to in writing with your neuropsychologist, and additional fees would apply.
We may ask you to provide an advance payment on any purchase made of the services offered on our Website. An advance payment is a partial payment of the total purchase price that will help pay for our actual expenses while providing the services.
We will issue you a refund of the advance payment that you made if we cancel.
We will issue you a refund of the advance payment (minus 10% cancellation fee) that you made if you cancel within 24 hours.
We may ask you to provide a deposit for purchases made of the services offered on our Website. A deposit is a payment made to reserve the services.
We will issue you a refund of the deposit that you made if we cancel your purchase.
We will issue you a refund of the advance payment (minus 10% cancellation fee) that you made if you cancel within 24 hours.
View and/or download at: https://docs.google.com/document/d/1OjtGo1uEa7uF34OpRDjm8UzJfPX5jb99/
THE ITEMS OR SERVICES DISPLAYED OR SOLD ON THIS WEBSITE ARE PROVIDED “AS IS,” NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO ANY ITEMS OR SERVICES DISPLAYED OR SOLD ON THIS WEBSITE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
You agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be none. You also agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be to pursue dispute resolution as provided in the “governing law, severability, dispute resolution, venue and class action waiver” section below. These remedies intended to be your sole and exclusive remedies for any breach of this Terms of Service as it relates to your purchase.
You agree that you will use this Website in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses:
1. Impersonating or attempting to impersonate MINDER MEMORY CENTER or its employees, representatives, subsidiaries or divisions;
2. Misrepresenting your identity or affiliation with any person or entity;
3. Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;
4. Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability;
5. Using the Website in any manner that could disable, overburden, damage or impair the Website or interfere with another party’s use of the Website;
6. Using any robot, spider or other similar automatic technology, process or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website;
7. Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose;
8. Using any device, software, means or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;
9. Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website;
10. Attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack;
11. Otherwise attempting to interfere with the proper working of the Website;
12. Using the Website in any way that violates any applicable federal, state or local laws, rules or regulations.
THIS WEBSITE IS PROVIDED “AS IS,” NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO THIS WEBSITE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
Availability, errors and inaccuracies
We assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Website. We may experience delays in updating information on this Website and in our advertising on other websites. The information, products and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Website. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us.
IN NO EVENT SHALL MINDER MEMORY CENTER BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, RELATING TO OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE, INCLUDING BUT NOT LIMITED TO YOUR RELIANCE UPON OPINIONS OR INFORMATION APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED WEBSITES OPERATED BY THIRD PARTIES, PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES OR OTHERWISE, EVEN IF MINDER MEMORY CENTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, DESPITE THE LIMITATION ABOVE, MINDER MEMORY CENTER IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN THE LIABILITY OF MINDER MEMORY CENTER WILL IN NO EVENT EXCEED THE SERVICE FEES YOU PAID TO MINDER MEMORY CENTER IN CONNECTION WITH SUCH TRANSACTION(S) ON THIS WEBSITE. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF USE INURE TO THE BENEFIT OF MINDER MEMORY CENTER. THE AGGREGATE LIABILITY OF MINDER MEMORY CENTER ARISING OUT OF OR RELATING TO THIS WEBSITE, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL BE LIMITED TO THE AMOUNT OF FEES ACTUALLY RECEIVED BY MINDER MEMORY CENTER FROM YOU.
This Website may contain hyperlinks to websites operated by third parties and not by us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from this Website or other websites or applications, is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
We reserve the right to make changes to these Terms of Service at any time. We will not provide you with any notice when we make changes to this Terms of Service.
If you have any questions about our Terms of Service, please contact us at contact@mindermemory.com.
