Terms And Use
The use of the MushMaps website, located at mushmaps.com, and any and all related websites, services and applications will be referred to herein as the services. By accessing, interacting with or in any way using our services, you agree to be bound by our terms of use in their entirety. In addition, by using the services, you warrant and represent that you have the authority, right and capacity to agree to be bound by these terms. If you do not agree with these terms or lack authority, right or capacity to agree to these terms, then you are prohibited from accessing and using the services.
THE TERMS OF USE DESCRIBED HEREIN FORM A LEGALLY BINDING CONTRACT BETWEEN YOU AND MUSHMAPS THAT IMPACTS YOUR LEGAL REMEDIES, RIGHTS AND OBLIGATIONS. THIS CONTRACT CONTAINS AN AGREEMENT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION LEGAL RIGHTS. ONLY ACCESS AND USE THE SERVICES IF YOU AGREE TO ENTER INTO THIS AGREEMENT.
It is important that you enter into this agreement freely and with all the information necessary to make an informed decision about accessing and using the services. We are happy to answer any and all questions you send to support@mushmaps.com.
1. Definitions
- Account: Your MushMaps account refers to the account you created to access and use the services for your intended purposes.
- Parties Bound to Terms:
- A “searcher” is any person that visits, accesses or in any other way makes use of the services regardless of whether that person has established an account with MushMaps. This includes, but is not limited to, individuals who utilize the services to search for or book an appointment or appointments with a provider on MushMaps.
- A “healthcare provider” is any licensed therapist, psychologist, doctor or an agent or affiliate of such a licensed provider that utilizes the services of MushMaps to list their
- A “Allied Service” that is a person or entity is not a licensed health care provider such as a lay healer or retreat center or the agents or affiliates of such persons.
- The terms our, us and we always refer to MushMaps and our affiliates and subsidiaries.
- Personal Information refers to any and all information you provide to MushMaps, its affiliates and subsidiaries, including by not limited to your name, street address, email address, date of birth, social security number, medical history, diagnosis, financial information, contact information or any other information that is personally identifiable.
2. Changes To Terms Of Use
We reserve the right to change these terms at any time without providing any notice. The updated version of the terms will become effectively immediately when posted on this page. You agree to review these terms on a regular basis to determine whether there has been a change and to be aware of any change. If you continue to access the services after the terms have been changed, you will be legally bound to the new terms even if you have not actually seen them. If you do not agree to the updated terms, you must stop accessing and using the services. If there is a substantial change to the terms, we will make an effort to make you aware of the changes, but you are otherwise responsible for referring to this page to ensure that you are aware of the current terms. There is no other way to modify these terms except for posting on this page or in a separate written agreement that is signed by all parties to be bound.
3. Services Of MushMaps
Our services and products include but are not limited to direction communication, scheduling, listing events, review and ratings, including integration with third party websites that provide informational and educational content and processing payments. We may add new products and/or features in the future, substitute and/or our products and service, suspend or discontinue any or of our products and services in full or in part. Under no circumstances is MushMaps liable for any users reliance on any particular service or product on the sight or for the impact of the discontinuation or suspension of any service or product. The services of MushMaps are primarily to help searchers for psychedelic assisted therapy find appropriate mental health services and alternative therapies with suitable healthcare providers and allied services. MushMaps does not sell, coordinate sales for, solicit sales for, traffic in sales for, advertise sales for or in any way manufacture, sell or traffic in psychedelic or psychoactive substances. MushMaps does not endorse, recommend or prefer any type of therapy or substance. The services provided by MushMaps may not be available or be limited due to laws and regulations in places in some jurisdictions. By using the services you expressly agree and acknowledge that MushMaps is a technology company that facilitates finding providers of psychedelic assisted therapy, not a healthcare provider or practitioner. You understand that MushMaps does not provide any medical or therapy services whatsoever and does not recommend or endorse any medical or therapy providers or substances. Every healthcare providers or allied service using our services is responsible for conducting their services in accordance with all applicable laws and MushMaps makes no warranty as to the legality in any jurisdiction of the services offered by healthcare providers and allied services on this site.
4. Accounts
Some elements of the services of MushMaps can be accessed without an account. In order to receive the full benefit of the services provided by MushMaps, it is necessary to create an account. Creating an account will require you to share personal information with us and that information will be used in accordance with our privacy policy. You are responsible for keeping your credentials confidential and not allowing unauthorized access to the site. Please contact support@mushmaps.com if you believe that your account has been accessed without your authorization. You have the right to deactivate your account with MushMaps at any time and MushMaps reserved the right to deactivate your account for any reason whatsoever, including but not limited to breaching the terms of use described herein and violating our community standards. You may request reactivation by writing to support@mushmaps.com, but we are not obligated to reactivate your account. The terms of use set forth herein will continue to bind you even if your account has been deactivated with regard to your prior use of the services as well as for any subsequent use of the services, authorized or unauthorized, including all obligations of indemnification that are described in this agreement and any and all licenses and rights, will survive termination of your account.
5. License & Access
MushMaps, by putting this site up on the internet and allowing you to use it, grants you a revocable, non-exclusive, not sub-licensable, not transferable license to use our services in accordance with the provisions or our terms of use, and this license restricts the use of our services to personal and non-commercial use. You may only use the services if they are legal under the applicable law of your jurisdiction and any rights not expressly granted herein are reserved. You hereby acknowledge that all intellectual property on MushMaps, including, but not limited to copyrights, trademarks, trade secrets, patents or any other types of intellectual property are owned by MushMaps. You may download, print or store information for your convenience, but you may not copy, sell, distribute, republish or exploit the services in whole or in part for any type of commercial purposes or gain or use any type of technology to mine data from the site without explicit permission in writing. Any such behavior is misuse of the services. Any logos, trademarks, service marks, product names or company names displayed on the site are trademarks of either MushMaps or third parties and you are not granted any type of license to use them. Your license to you use the service is terminated if you fail to comply with the terms of your license. Healthcare providers and allied services providers agree that the use of the services is subject to verifying that the identity, credentials and qualifications you claim are valid, including but not limited to your education, professional credentials, publications, licenses, affiliations, certifications, registrations and any and all other types of credentials or professional qualifications. You authorize MushMaps to request information from third parties to confirm that the qualifications you assert are valid. We reserve the right to terminate your use of the services if we are unable to verify your qualifications or we have discovered that they are false or misleading.
6. We are not providers of medical advice
MushMaps is not a provider of medical services or healthcare. The content on this site is intended only for informational and educational purposes and not intended to diagnose or treat any condition. You expressly understand that any and all statements made on this site may not be approved by the Food and Drug Administration (FDA.) Our intention is to help you connect with healthcare providers and allied services that can thoroughly assess your particular situation and legally provide psychedelic assisted therapy after determining whether or not you are an appropriate candidate. This site is not intended as a substitute for professional medical advice, diagnosis and treatment and should never be used for emergency medical needs or reference. If you are experiencing a mental health emergency, contemplating imminent suicide or taking actions to harm yourself or others, you should immediately call 911 for assistance. Using this service is at your own risk and must not be construed, in any way shape or form, to be a substitute for mental health care. MushMaps is a service to connect healthcare providers and allied services with people seeking psychedelic assisted therapy, not a referral service. MushMaps does not endorse, recommend or refer any particular healthcare provider or allied service, including but not limited to any entity, therapeutic modality, opinion, procedure or any other information, person or entity that appears on this site. You must confirm independently that the treatment you choose is legal and safe through other sources including but not limited to medical associations, clinical studies, licensing authorities and grantors of certifications.
7. No doctor patient relations exists
You acknowledge that the information provided by healthcare providers on this site does not create a doctor patient relationship and does not constitute medical advice, provide a diagnosis or recommend any treatment. The content is provided solely to assist you in choosing a provider. This applies whether the information is posted by a provider, a search tool is used on the site to obtain information, information is exchanged through exchanging emails, phone calls or any other type of direct or indirect communication or through any type of answer to user questions, social media channels, blog post, links to third party websites or any other information or assistance that’s providers. MushMaps cannot guarantee the availability of any particular provider and is not liable for appointments that are canceled or unfulfilled, the injury or loss therefrom or from any injury or loss due to the use of any provider on MushMaps as no doctor patient relationship is formed through the use of this site.
8. content limited to educational & informational use
We make every effort to provide you with accurate and trustworthy information, but we make no warranty or guarantee about the accurateness of any information on this site, including but not limited to the effectiveness of any treatment, the professional experience, quality of work, prices or qualifications of any providers or allied services on this site. We are not liable to you or anybody else for reliance on the content herein. Content related to healthcare providers and allied services is only for reference and informational purpose and any information providers by their offices and staff. We try our best to make sure that information is up to date and accurate, but we do not provide any medical advice or advice about what providers or allied services to choose. Any and all therapies, services, products or substances described or sold on this site may not be appropriate for particular individuals or situations and any therapies, services, products or substances displayed by sponsors, advertisers or anybody else are not endorse by MushMaps. Determining the safety and effectiveness of any particular treatment for any individual is that individuals responsibility and MushMaps makes no claims about effectiveness, safety or success of any product or service mentioned on the site.
9. User Provided Content
You may provide MushMaps with communications, personal information, ratings, reviews, listing, events and other content provided that the content is accurate, legal, not obscene, not threatening, not defamatory, doesn’t invade privacy, doesn’t infringe on intellectual property rights or is not in any other way injurious to us or any other person or entity. Inappropriate content includes, but isn’t limited to, politics, solicitations for commercial ventures, mass mailings “spam,” computer viruses or any other form of electronic sabotage. It is a violation of the terms of use to provide a phony email address, pretend to be another person or mislead us in any way about your identity. You understand that any ideas, content suggestions, requests recommendations or another feedback you provide to use about our services becomes our property and are not confidential. If you elect to provide medical information when making an appointment through MushMaps, you agree to allow MushMaps to provide that information to the health care provider or allied service you intend it to be distributed to. You agree to allow MushMaps to use this medical data anonymously for statistics and research purposes.
10. Responsibilities of the site users
Users are responsible for keeping their log in information safe and for providing accurate, current and complete information. The services may only be used for lawful purposes and any use that might damage or impair our servers is expressly prohibited. Accumulation or indexing of the information on our site is prohibited and you may not attempt to obtain any type of unauthorized access to the site. You are required to comply with our community standards and to review and become familiar with those standards. We have a right to take any legal action necessary and/or implement any technological processes necessary to enforce these terms and to prevent violations. Our services are free of charge, but it is the responsibility of searchers to cover all charges with providers and allied services that they select, including charges for no-shows. You are responsible for resolving any dispute with a healthcare provider or allied service regarding payment and billing. Health care providers and allied services are limited to using the services to connect with people seeking their services and that their use of the site is limited to that purpose and that you will not use the site to compare prices, availability and content or other providers or to establish or attempt to establish or to enforce, whether it’s direct or indirect, any coordination of prices that are charged for any product or service, the frequency of the offering of any product or service or in any other way engage in deceptive or anti-competitive behavior or unfair practices. This includes any attempt at output restriction or price fixing. You will not violate consumer protection or anti-trust laws and regulations. Disputes between users do not obligate MushMaps to become involved. You hereby release MushMaps, it’s officers, directors, agents, employees and successors from demands, claims and any type of damages for any known or unknown consequences arising from or related to the use of this website.
11. Uses Of the third party services & links
MushMaps does not examine, review, verify, endorse or warrant and product or service from a third party whether it’s directly on our website or accessible through the third party links, apps or otherwise available. Third party information appears on the site purely for your convenience without any warranty about its timeliness, validity, intellectual property compliance, accuracy, completeness, decency, legality, quality or any other anything else. You hereby acknowledge that MushMaps is not liable or responsible in any way for this content or its accuracy. We attempt to provide accurate information and content from third parties, we are not responsible or liable for their inaccuracy, indecency or anything else about them that is objectionable.
12. Processing Payments & other transactions
You acknowledge that when you perform permitted transactions such as booking an appointment with a healthcare provider or allied service, these transactions may be governed by additional or differing terms from third parties. Booking appointments may be subject to no-show or cancellation fees in accordance with the policies of third parties. In such cases the payment method you supplied to MushMaps will be billed for such charges and that it will be processed in accordance with the privacy policy in place for MushMaps. You agree that MushMaps can use your payment method to fulfill your obligations to third parties that are booked on this site. MushMaps is empowered to collect a processing fee for the services we provide for collection, payment and billing when an appointment is booked through our site. You are aware that any terms and conditions that are displayed to you during the processing of a transaction on MushMaps are deemed part of these terms and conditions. It is also understood that the payments made through this site may or may not constitute full payment for the third party services and you may be billed separately for services performed. You acknowledge that you are responsible for payment of any charges from third parties booked through this site and that you will resolve the dispute directly with the provider. MushMaps is not responsible for any errors or omissions made by third parties, including payment processing partners. You also acknowledge that MushMaps or any of our payment processing partners is not responsible if they are unable to complete a transaction for any reason whatsoever including, but not limited to:
- Insufficient credit or funds;
- Outdate, inaccurate or incomplete information;
- No active payment method on file;
- Inability to obtain confirmation of your identity;
- Unauthorized transaction due to suspension;
- Suspension or termination of your account or
- The termination or suspension of a health care provider or allied service.
13. rating & reviews
You are allowed to submit feedback about third party services such as healthcare providers, allied services, events, retreat centers, doctors, nurse practitioners and other services. You are allowed to submit questions about your health and medical needs and to participate in any community forums or features on MushMaps. You acknowledge that you will act responsibly and community with our community standards and any and all internal policies in existence now or that we may develop. MushMaps reserves the right to moderate information that you post, including but not limited to reviews and ratings. You understand that MushMaps does not confirm or endorse any statements made by users or third parties and that any statements made do not necessarily reflect the views of MushMaps, but rather only the opinions and views of the authors. You understand that by posting your opinions on MushMaps, you are granting to MushMaps and its agents and affiliates and partners, the perpetual, royalty free, irrevocable, completely sublicensable, full paid, worldwide license to use, copy, publicly perform, digitally perform, publicly display your posted information. You warrant that you have all rights to the information you publish on MushMaps and that it does not infringe upon privacy rights or intellectual property rights of others. You understand that MushMaps may make changes to your information to conform to technical requirements and grant the right to do so. MushMaps disclaims all liability for losses that result from posted information. All feedback sent to MushMaps will be considered non-proprietary and non-confidential and non-exclusive, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish such Feedback for any purpose and that you will receive no compensation.
14. limitations on liability (general)
Your only remedy for any dispute you may have with MushMaps is to cancel your account and our cumulative liability to you can never exceed the following $75 or the total amount of fees that you have paid, if any, to access MushMaps. This includes any claims that might arise out of the use of our transaction processing service for a period of one year prior to the action that gives rise to the complaint.
You are allowed to submit feedback about third party services such as healthcare providers, allied services, events, retreat centers, doctors, nurse practitioners and other services. You are allowed to submit questions about your health and medical needs and to participate in any community forums or features on MushMaps. You acknowledge that you will act responsibly and community with our community standards and any and all internal policies in existence now or that we may develop. MushMaps reserves the right to moderate information that you post, including but not limited to reviews and ratings. You understand that MushMaps does not confirm or endorse any statements made by users or third parties and that any statements made do not necessarily reflect the views of MushMaps, but rather only the opinions and views of the authors. You understand that by posting your opinions on MushMaps, you are granting to MushMaps and its agents and affiliates and partners, the perpetual, royalty free, irrevocable, completely sublicensable, full paid, worldwide license to use, copy, publicly perform, digitally perform, publicly display your posted information. You warrant that you have all rights to the information you publish on MushMaps and that it does not infringe upon privacy rights or intellectual property rights of others. You understand that MushMaps may make changes to your information to conform to technical requirements and grant the right to do so. MushMaps disclaims all liability for losses that result from posted information. All feedback sent to MushMaps will be considered non-proprietary and non-confidential and non-exclusive, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish such Feedback for any purpose and that you will receive no compensation.
15. termination
We reserve the right to terminate your use of MushMaps for any and all conduct in violation of the terms of use or for any other reason. We reserve the right to terminate, suspend, or deactivate your account without notice and immediately for violations of our terms of service or community standards, other policies posted on our website for any other reasons including long term inactivity. You agree not to attempt to use the services after they have been terminated, suspended or deactivated, except in the case of deactivation for long term inactivity. In such a case, you have to create a new account. You understand that if your account is terminated, suspended or deactivated, we may destroy your content created within the service. MushMaps will investigate, solely at our discretion any illegal activity we suspect and will take appropriate legal action against such individuals as well as blocking the use of our services.
16. Indemnification
Your use of MushMaps is your agreement to indemnify, hold harmless and to defend MushMaps from all claims, damages that are either actual or consequential, including expenses and attorney’s fees that may arise from the use of content you’ve provided, your use of the services of third parties, your violation of the terms of use and your violations of community standards, your violation of intellectual property rights and by allowing any unauthorized use of your MushMaps account. The only exception to this indemnification is for liabilities due to the gross negligence of intentional conduct of MushMaps.
If we cannot work out a dispute with you, you agree to waive your right to legal recourse and submit the dispute to binding arbitration. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by JAMS. The prerequisite to arbitration must be serious good faith attempt to resolve the dispute, claim, question or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in Orange County, CA. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. The Rules will govern payment of all arbitration fees. MushMaps shall seek its attorneys’ fees and costs in arbitration if the arbitrator determines that your claim is frivolous and to the extent permitted by law. Either you or MushMaps may assert claims, if they qualify, in small claims court in Orange County, CA or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You and MushMaps waive all rights to have a trial in front of a judge or jury. Instead, you and MushMaps are choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and MushMaps over whether to vacate or enforce an arbitration award, you and MushMaps waive all rights to a jury trial, and elect instead to have the dispute adjudicated by a bench trial.
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor MushMaps is entitled to arbitration; instead all claims and disputes will be resolved in a court. You may opt out of the provisions of this Section by sending written notice of your decision to opt out to support@mushmaps.com, postmarked within thirty (30) days of first accepting these Terms. You must include.
- your name and residence address,
- the email address and/or telephone number associated with your account, and
- a clear statement that you want to opt out of the arbitration agreement in these Terms.
If you send the opt-out notice, and/or in any circumstances where the foregoing arbitration agreement permits either you or MushMaps to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and MushMaps agree that any judicial proceeding, other than small claims actions, will be brought in the state or federal courts located in, respectively, Orange County, CA or the federal district in which that county falls.
17. Severability
This arbitration clause will survive the termination of your account with MushMaps. If the prohibition against class actions is deemed unenforceable by a court of law, the preceding language referring to class actions with become null and void, but all other provisions in the arbitration clause will remain.
18. copyright disputes
If you are a copyright owner of an agent thereof, and believe in good faith that a user may be infringing upon your copyrights, you can notify us of such a claim pursuant to the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. Sec. 512(c), by providing our designated agent with a written notice containing the following:
- A physical or signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may send such DMCA notices to our designated agent to support@mushmaps.com. Such notices and counter-notices must meet statutory requirements imposed by the DMCA, so we suggest you consult with a legal advisor before filing a notice. Please be aware that there are penalties for false claims under the DMCA. You acknowledge and are aware that upon receiving a notice for a claim of copyright infringement, we may immediately remove or disable access to the identified materials without liability to you or any other party. We may, in our sole discretion, terminate the Services for any repeat copyright infringers or users who receive repeat claims of copyright infringement.
19. Contracting Electronically
You understand that your use of the services on this website and of creating an account with MushMaps constitutes an electronic signature agreeing to our terms of use, disclaimer, privacy policy and community standards.
20. Time Limits
No claims under these terms may be brought more than (1) year from the cause of action has arisen. All actions brought later are barred.
21. Severability
Should one or more of the provisions in these terms be held invalid, illegal of unenforceable, the remaining terms should be unimpaired. The legal portions are therefore severed from those provisions.
22. choice of law
Since MushMaps can be accessed from all 50 states in the United States, you agree that the terms will be construed under prevailing federal law, the Federal Arbitration Act and the laws of the state of Delaware, without impact of that state’s conflicts of law statute.
23. Incorporation of terms
These terms and any terms supplemented by MushMaps including its policies, rules and guidelines posted on the website and incorporated by reference, including the privacy policy, community standards.
24. Term of using headings
These headings are merely for convenience and do not in any way describe, limit, modify, construe or interpret the terms.
25. Assignment
These terms can be assigned at our sole discretion to any subsidiary, parent or affiliated company as part of a merger or acquisition or for any other reason. You may not assign or license these terms.
26. age requirement & eligibilty
You must be eighteen years or older to form a binding contract and thus users under the age of eighteen are prohibited from using the services on your own. You may use the services under the supervision of a parent or guardian if you are between thirteen and eighteen years old. If you do not qualify under these terms, you may not use the services. You may not use the services in any jurisdiction where its use is prohibited by law. By using the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms. The Services are administered in the U.S. and intended primarily for U.S. users only; any use outside of the U.S. or use related to activities outside of the U.S. is prohibited and at the user’s own risk. Users are responsible for compliance with any local, state or federal laws applicable to their use of the Services.