Definition of Terms
Users – Care Providers, Customers (parents, individuals), Merchants, and any additional site visitors
Members – Care Providers or merchandisers who subscribe to Mina’s SaaS platform
Care Providers – including but not limited to: Lactation Consultants, Birth Doulas, Postpartum Doulas, Perinatal Doulas, Midwives, Birth Centers, Birth Hospitals, Obstetricians, Mental Health Therapists, Behavioral Health Therapists, Physical Therapists, Chiropractors, Acupuncturists, Nutritionists, Naturopathic Doctors, Massage Therapists, Yoga Teachers and Craniosacral Therapists
Customers – individuals or parents who book services from Care Providers or purchase products from Merchants
Last Updated: Jan 24, 2019
Please read these and any applicable Additional Terms before using the Site or the Services. By using the Site or the Services, you hereby represent, warrant, understand, agree to and accept these Terms and any applicable Additional Terms in their entirety whether or not you register to have an account as a user of the Site or Services (“Registered Users”).
This Agreement contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against Mina to binding and final arbitration unless you opt-out of the Agreement to Arbitrate (see Section 13 “Agreement to Arbitrate”) no later than 30 days after the date you first use the Mina Site or Services. Unless you opt-out: (1) you will only be permitted to pursue claims against Mina on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
These Terms are subject to change by Mina at any time. Changes or clarifications will take effect immediately upon posting of the updated Terms on our Site. You should periodically check www.minafamilies.com/terms-conditions for updates. Any use of the Site or the Services by you after the effective date of any changes will constitute your acceptance of such changes. These Terms supersede all prior versions of the Terms.
For purposes of these Terms, and except to the extent expressly excluded below, the “Site” shall mean www.minafamilies.com and any other websites, web pages, and mobile websites operated by Mina Families LLC (“Mina” or “we”) in the United States, and the “Services” shall mean any of the various services that Mina provides through the Site or any other channels, including without limitation, over the telephone, via video, or in-person.
1. Description of Services; Limitations; User/Customer Responsibilities
1.1. Our Services
Mina offers various Services to help its users and customers learn about, find, and connect with fertility through postpartum care and services. The Services we offer include, among others:
We enable individuals and families (“Customers”) seeking fertility through postpartum care services to find and connect with Care Providers. We enable individuals and entities who provide care services (“Care Providers”) to subscribe, post profiles, products and services on the Site, and connect with Customers.
We provide a directory of Care Providers such as Lactation Consultants, Birth Doulas, Postpartum Doulas, Perinatal Doulas, Midwives, Birth Centers, Birth Hospitals, Obstetricians, Mental Health Therapists, Behavioral Health Therapists, Physical Therapists, Chiropractors, Acupuncturists, Nutritionists, Naturopathic Doctors, Massage Therapists, Yoga Teachers and Craniosacral Therapists from which Customers may message or book for services. Our Services continue to grow and change. Please refer to our Site for further information about the Services we provide.
We provide search functionality on the Site to allow Customers and Care Providers to narrow the pool of Customers or Care Providers they are interested in meeting based on their values, needs, and preferences, and we provide a messaging platform that allows Customers and Care Providers to communicate without sharing contact information.
Mina requires transactions to be paid through Mina’s platform. Mina integrates Stripe, Inc., (“Stripe”), a third-party service that facilitates the payment of Care Providers by Customers via credit card or debit card. These payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement“). By agreeing to these Terms, Care Providers that use the payment service also agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. Mina assumes no liability or responsibility for any payments you may make through this service, and all such payments are non-refundable. Care Providers who elect to receive payments from Customers through this service can also qualify for certain benefits under a program operated by Mina.
1.2. Limitations of our Services
We offer a variety of Services to help our Users and Customers find, connect with, and book services throughout fertility, pregnancy, birth, postpartum, adoption, and surrogacy.
Mina does not employ Care Providers nor does it screen or endorse the Care Providers listed on this site. Mina does not certify or verify the credentials, experience, certifications, or qualifications of Care Providers listed on this Site. Customers are advised to independently verify all credentials and conduct interviews with Care Providers before hiring them, including contacting certification organizations to verify that certifications are still current. Mina is not responsible or liable for any adverse or unexpected consequences of hiring a Care Provider.
We do not have control over the quality, timing, or legality of the services actually delivered by Care Providers, nor of the integrity, responsibility or actions of Customers or Care Providers and we neither refer or recommend Customers or Care Providers nor make any representations about the suitability, reliability, timeliness, or accuracy of the services provided by Care Providers or the integrity, responsibility or actions of Customers or Care Providers whether in public, private or offline interactions.
Through Mina’s multi-faceted search or concierge service we may provide Users or Customers with a custom list of potential individuals, organizations and/or birthplaces to consider based on the information the User or Customer provides us regarding their values, needs and preferences. In providing these services, we are not making a referral to, or endorsing, any individual, organization or birthplace nor are we providing any medical, diagnostic, treatment or clinical service or engaging in any conduct that requires a professional license.
Mina does not assume any responsibility for the accuracy or reliability of any information provided by Care Providers or Customers on or off this Site.
Mina is not responsible for the conduct, whether online or offline, of any Customer, Care Provider, or other user of the Site or Services. Moreover, Mina does not assume and expressly disclaims any liability that may result from the use of information provided on our Site. All users, including both Customers and Care Providers, hereby expressly agree not to hold Mina (or Mina’s founders, officers, directors, investors, shareholders, employees, subsidiaries, other affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, payors, corporate partners or resellers, or your employer, if you enrolled in Mina through an employer’s benefits program, hereinafter “Affiliates”) liable for the actions or inactions of any Customer, Care Provider or other third party or for any information, instruction, advice or services which originated through the Site, and, Mina and its Affiliates expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.
1.3. User Responsibilities
Any screening of a Customer or Care Provider and their information by Mina is limited and should not be taken as complete, accurate, up-to-date or conclusive of the individual’s or entity’s suitability as a care provider. Users and customers are solely responsible for interviewing, performing background and/or reference checks on, verifying information provided, and selecting an appropriate Care Provider for themselves or their family.
2. Eligibility to Use the Site and Services
By requesting to use, registering to use and/or using the Site or the Services, you represent and warrant that you have the right, authority and capacity to enter into these Terms and you commit to abide by all of the terms and conditions hereof. You also represent and warrant that you meet the following eligibility criteria:
Our Services are available only to individuals who are eighteen (18) years of age or older. If you do not meet the above age requirements, do not use the Site or Services.
You must not be a competitor of Mina or using our Services for reasons that are in competition with Mina.
3. Rules for User Conduct and Use of Services
3.1. Posting and Content Restrictions
The following rules pertain to “Content”, defined as any communications, images, sounds, videos, and all the material, data, and information that you upload or transmit through the Site or Services, or that other Users, Customers, or Care Providers upload or transmit, including without limitation any content, messages, photos, audio filse, videos, reviews or profiles that you publish or display (hereinafter, “post”). By posting any Content while using our Service, you agree, represent and warrant as follows:
You are responsible for providing accurate, current and complete information in connection with your registration for use of the Site and the Services.
You must register your account in your own name, even if you are seeking care for another individual or family member.
You are solely responsible for any Content that you post on the Site, or transmit to other users of the Site. You will not post on the Site, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, homophobic, transphobic, defamatory, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse, or give the impression that any Content emanates from Mina where this is not the case. You will not provide inaccurate, misleading, defamatory or false information to Mina or to any other user of the Site, and all opinions stated as part of Content must be genuinely held. Without limiting the foregoing, you represent and warrant to us that you have the right and authority to post all information you post about yourself or others, including without limitation that you have authorization from a parent or guardian of any minor who is the subject of any Content you post to post such Content.
You understand and agree that Mina may, in its sole discretion, review, edit, and delete any Content that in the sole judgment of Mina violates these Terms or which Mina determines in its sole discretion might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users of the Site or others.
You have the right, and hereby grant, to Mina, its Affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid-up, transferable, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute your Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your Content by Mina will not infringe or violate the rights of any third party.
Your use of the Services, including but not limited to the Content you post on the Site, must be in accordance with any and all applicable laws and regulations.
Any messages, comments, ideas, questions, suggestions, or other communications you send to us or share with us through any channel (including, without limitation, the Site, email, in-person, in writing, telephone, surveys, and our social media accounts) shall be and remain the exclusive property of Mina and we may use all such communications, all without notice to, consent from, or compensation to you.
You agree that Mina has no obligation to remove any reviews or other information posted on the Site about you or any other person or entity. You may not terminate your registration and re-register in order to prevent a review from being associated with your account. The author of a review can request removal of a review they have written.
Mina disclaims any liability whatsoever for any misstatements and/or misrepresentations made by any users of the Site. Users hereby represent, understand and agree to hold Mina harmless for any misstatements and/or misrepresentations made by or on behalf of them on this Site or in any other venue.
3.2. Prohibited Uses
By using the Site or Services of Mina, you agree that you will not under any circumstances:
Should Mina find that you violated the terms of this Section or any terms stated herein, Mina reserves the right, at its sole discretion, to immediately terminate your use of the Site and Services. By using the Site and/or Services, you agree that Mina may assess, and you will be obligated to pay, $1,000 per each day that you: (i) maintain user information (including but not limited to, names, addresses, phone numbers, or email addresses) (ii) maintain copyrighted material that you scraped (either directly or indirectly) from the Site, or (iii) otherwise mis-use or mis-appropriate Site Content, including but not limited to, use on a “mirrored”, competitive, or third party site. This obligation shall be in addition to any other rights Mina may have under these Terms or applicable law.
Further, in order to protect the integrity of the Site and the Services, Mina reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site.
4. Background Information and Screenings
4.1. Mina Reserves the Right Order and Use Background Screenings About You
By registering for and using the Site or Services as a Customer or Care Provider, you hereby acknowledge and agree that Mina has the right, but not the obligation, to use a third-party consumer reporting agency on an ongoing basis to use your personal information to run periodic background screenings on you for the purpose of protecting the safety and integrity of our Site and its users
You understand and agree that Mina may review the information provided by the third-party consumer reporting agency and that Mina retains the right to terminate your Mina registration based on the information it receives from these checks, even if such information was subsequently changed or corrected. You agree that Mina is under no obligation to reinstate any accounts it may have terminated even if the information that led to the termination is subsequently changed or corrected.
BY AGREEING TO THESE TERMS AND USING OUR SITE, AND, IF APPLICABLE TO YOU AS A CARE PROVIDER, YOU AGREE TO ALLOW MINA TO PERFORM THESE BACKGROUND CHECKS. IF YOU DO NOT WANT THESE INTERNAL BACKGROUND CHECKS TO BE PERFORMED, YOU SHOULD NOT USE MINA.
4.2. Mina May Verify Your Identity and the Accuracy of Your Representations and Warranties
By registering as a Care Provider, if applicable, you authorize Mina, and acknowledge that for purposes of promoting the safety and integrity of its Site and Service, Mina reserves the right, but not the obligation, to utilize third party service providers to verify on an ongoing basis that your data is accurate and that the representations and warranties in Section 2 above addressing legal matters such as complaints, arrests, sex offender status, etc. are also true (“Verification Checks”). These third parties may use data from a variety of sources, under a variety of circumstances, for these site safety purposes including, without limitation, information from national criminal databases, sex offender registries, certain media streams, terrorist watch lists, criminal and fugitive watch lists, fraud watch lists, law enforcement reports, and other data.
You agree that Mina may take such action in response to Verification Checks as it deems appropriate in its sole discretion, including without limitation suspending and/or terminating your membership, should it determine that you have violated any representation or warranty or any other provision of these Terms or are otherwise unsuitable for Mina.
You also hereby represent, understand and expressly agree that Mina does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in a Verification Check. We do not typically communicate the results of a Verification Check to any third party, though we reserve the right to do so for law enforcement or other safety-related purposes in accordance with applicable laws.
BY AGREEING TO THESE TERMS, AND, IF APPLICABLE TO YOU AS A CARE PROVIDER, YOU AGREE TO ALLOW MINA TO PERFORM THE VERIFICATION CHECKS DESCRIBED ABOVE. IF YOU DO NOT WANT THESE VERIFICATION CHECKS TO BE PERFORMED, YOU SHOULD NOT USE MINA.
Mina reserves the right, in its sole discretion, to immediately terminate your access to all or part of the Mina Site and/or Services, to remove your profile and/or any content posted by or about you from the Site, and/or to terminate your account with Mina, with or without notice for any reason or no reason in its sole discretion, including without limitation if Mina should determine that you are not eligible to use the Services, have violated any terms stated herein or in any Additional Terms, are not suitable for participation as a Registered User, have mis-used or mis-appropriated Site content. Upon termination, Mina shall be under no obligation to provide you with a copy of any content posted by or about you on the Site. If we terminate your registration, we have no obligation to notify you of the reason, if any, for your termination.
Following any termination of any individual’s use of the Site or the Services, Mina reserves the right to send a notice thereof to other Registered Users with whom we believe the individual has corresponded.
7. Links To External Sites
Links from the Site to external sites (including external sites that are framed by Mina) or inclusion of other third-party content do not constitute an endorsement by Mina of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such third-party content, but are for users’ reference and convenience.
Users access them at their own risk.
8. Payment And Refund Policy
In order to utilize Mina Platform, Care Providers must pay a recurring subscription and marketplace fees associated with any transactions between Care Providers and Customers.
Customers of Services or products must pay Care Providers through Mina’s platform with a one-time fee or multiple fees. In addition, the user is responsible for any state or local sales taxes associated with the Services or product offerings purchased.
8.1. Billing and Payment
If you sign up for a Mina paid membership subscription, you agree to pay Mina all subscription charges associated with the plan you subscribe to as described on the Site at the time you subscribe and provide your payment information. You also authorize Mina, or a third-party payment processor that works on our behalf, to charge your chosen payment method according to the terms of the plan to which you subscribe. The subscription period and the amount and frequency of the charges will vary depending on the plan you select. Mina reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
To the extent you elect to purchase other Services or product offerings we may offer for a fee, you authorize Mina to charge your chosen payment provider for the Services and/or products you purchase. You agree that if Mina already has your credit card on file as a result of prior purchases you have made, we may charge that credit card for the additional Services/products you purchase.
8.2. Automatic Subscription Renewal and Cancellation
MINA PAID MEMBERSHIP SUBSCRIPTIONS WILL CONTINUE INDEFINITELY UNTIL CANCELLED BY THE CARE PROVIDER. AFTER YOUR INITIAL SUBSCRIPTION COMMITMENT PERIOD, AND AGAIN AFTER ANY SUBSEQUENT SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR AN ADDITIONAL EQUIVALENT PERIOD AS THE SUBSCRIPTION TERM YOU ORIGINALLY SELECTED AND AT THE SUBSCRIPTION RATE AND FREQUENCY DISCLOSED TO YOU ON THE SITE WHEN YOU ORIGINALLY SUBSCRIBED, UNLESS OTHERWISE PROVIDED AT THE TIME YOU SUBSCRIBED. IF YOU SIGN UP FOR A PAYMENT PLAN THAT ALLOWS YOU TO BE CHARGED MONTHLY OVER THE SUBSCRIPTION PERIOD AND YOU DECIDE TO CANCEL YOUR SUBSCRIPTION DURING THE SUBSCRIPTION PERIOD, YOU ACKNOWLEDGE AND AGREE THAT YOU WILL CONTINUE TO BE BILLED FOR THE SUBSCRIPTION ON A MONTHLY BASIS UNTIL ITS ORIGINALLY SCHEDULED EXPIRATION DATE.
You may cancel your paid membership subscription at any time by contacting Mina’s customer service department at support@Minafamiles.com.
8.3. Refund Policy
Except as set forth in these Terms or as described on the Site at the time you make a purchase, all payments for services/products are non-refundable and there are no refunds or credits for unused or partially used services/products or service/product cancellations.
9. Release of Liability for Conduct and Disputes
Mina is not an employer of Care Providers. Customers may seek the services of a Care Provider through the use of the Site or Services, and Care Providers may post profiles and correspond with Customers regarding their services.
In some instances, such as through the Search feature or concierge service we may provide Customers a customized list of potential individuals, companies and/or collectives to consider based on the information the Customer provides us regarding their values, needs and preferences. However, if a Customer agrees on the provision of services from an individual, company or agency we identify, such agreement is solely between the Customer and the Care Provider; Mina is not a party to any such agreement.
Any issues concerning the conduct of a Customer or Care Provider including must be resolved directly by the Customer and the Care Provider. Mina will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands or damages direct or indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such issues.
By using this Site or our Services, you hereby represent, understand, and expressly agree to hold Mina harmless for any claim or controversy that may arise out of the actions of or relationship between you and any Customer, Care Provider or other user(s) of the Site. You agree to take reasonable precautions in all interactions with Customers, Care Providers or other users of the Site or the Services, particularly if you decide to meet offline. By using the Site or the Services, you agree to report any alleged improprieties of any users therein to Mina immediately by notifying Mina of the same via electronic correspondence.
10. Age Restrictions
Mina is intended for people 18 or over. Should we determine that you do not meet the age requirements for using our Site or Services, your registration will be terminated immediately.
11. Disclaimers; Limitations; Waivers; Indemnification
11.1. No Warranty
The information and materials contained on the Site, including text, graphics, information, links or other items are provided “as is,” “as available.” Further, opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Mina, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
MINA DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN MINA; (3) WARRANT THAT YOUR USE OF THE SITE OR SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (4) GIVE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, MINA EXPRESSLY EXCLUDES ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY AND DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS.
IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, MINA MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY USER OF OUR SITE TO PROVIDE SERVICES AS A CARE PROVIDER OR TO EMPLOY THE SERVICES OF A CARE PROVIDER.
11.2. Assumption of Risk
You assume all risk when using the Site and the Services, including the risks associated with any online or offline interactions with users of the Site or the Services. You agree to take all necessary precautions when interacting with others.
11.3. Limitation of Liability
In no event will Mina be liable for any indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Site or Services. UNDER NO CIRCUMSTANCES WILL MINA’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID MINA FOR THE USE OF ANY SERVICES, THE AMOUNT OF $5.00.
IN NO EVENT WILL MINA BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES OR ANY AGREEMENT OR RELATIONSHIP FORMED USING THE SITE OR SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER REGISTERED USERS OF THE SITE OR SERVICES, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
In addition to the preceding paragraphs of this section and other provisions of these Terms, any advice, content, or Care Provider recommendations that may be shared (on or offline) or posted on the Site is for informational purposes only and is NOT INTENDED TO REPLACE OR SUBSTITUTE FOR ANY PROFESSIONAL, MEDICAL, LEGAL, FINANCIAL OR OTHER ADVICE. Mina makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
Governing Law and Jurisdiction
These Terms, and all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort, or otherwise, shall be governed by the laws of the State of Minnesota, including Minnesota’s statutes of limitations governing your claim, without giving effect to its principles of conflicts of law.
Consent to Electronic Communication
By using the Site or Services of Mina, you agree to allow Mina to communicate with you electronically, and you consent to electronic delivery of notices, documents, or etc. from Mina via the Mina Site, online messaging platform, or email. You also agree to check your Mina account, alerts, and messages, and the email account reflected on your Mina on a reasonably regular basis to stay informed of important notices and information about your account.
If you have any questions or need further information please contact Mina at: email@example.com.