Terms and Conditions

PLEASE NOTE THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE. IT AFFECTS HOW ANY DISPUTES BETWEEN YOU AND MALU JOURNEY WOULD BE RESOLVED.

DO NOT USE THIS SERVICE FOR EMERGENCY NEEDS. IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING HARMING YOURSELF OR OTHERS OR IF YOU FEEL THAT ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL YOUR LOCAL EMERGENCY SERVICES NUMBER AND NOTIFY THE RELEVANT AUTHORITIES.

MEDICAL DISCLAIMER

MALU JOURNEY IS NOT A HEALTHCARE PROVIDER, NOR DO WE PROVIDE MEDICAL OR HEALTHCARE ADVICE OR SERVICES. WE MAY PROVIDE YOU WITH A LIST OF PREFERRED PROVIDERS WHO MAY BE CLINICAL OR NON-CLINICAL SERVICE PROVIDERS. NOTE THAT INCLUSION IN THE PREFERRED PROVIDERS LIST IS NOT AN ENDORSEMENT BY MALU JOURNEY OF THE PREFERRED PROVIDER. THE CONTENT ON THIS WEBSITE, AND THE SERVICES YOU MAY RECEIVE ARE FOR INFORMATIONAL PURPOSES ONLY. NO MATERIAL ON THE WEBSITE: (A) SHOULD BE CONSIDERED MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, OR (B) IS INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.  NO DOCTOR – PATIENT RELATIONSHIP IS CREATED AS A RESULT OF USING THE WEBSITE OR THE SERVICES. ALWAYS SEEK THE ADVICE OF A QUALIFIED HEALTHCARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR TREATMENT FOR YOURSELF.


  1. General Terms and Conditions

The following are the Terms and Conditions (the "Agreement") which govern your access and use of our online communication platform (the "Platform") and any personal coaching and/or mental health group workshops (“Workshops”) and other content, materials, and other resources  we provide (collectively “Community Resources” and together with the Workshops, the “Services”) via the Malu Journey website at www.malujourney.com (“Website”). This website is owned and operated by Malu Journey, LLC . The Platform may be provided or be accessible via multiple websites or applications whether owned and/or operated by us or by third parties, including, without limitation, the Website and any related mobile app.

By accessing or using the Platform, you are entering into this Agreement and our Community Guidelines, and to the extent you register for our Services, our Notice of Workshop Privacy Practices, Cancellation and Refund Policy, and Workshop Consent and Confidentiality Agreement (collectively “Supplemental Agreements”). You should read this Agreement carefully before starting to use the Platform. If you do not agree to be bound to any term of this Agreement or our Community Guidelines (or any of the Supplemental Agreements, if applicable), you must not access the Platform or, if applicable, register for our Services.

The Community Resources provided on the Platform are for general informational purposes only. We do not guarantee the accuracy, completeness, or usefulness of any content. Your use of the Platform is at your own risk.

We reserve the right to modify these Terms of Use at any time without prior notice. Your continued use of the Site constitutes acceptance of the updated terms.

When the terms "we", "us", "our" or similar are used in this Agreement, they refer to Malu Journey, LLC and any of our affiliates (the "Company").

  1. Account Enrollment; Membership

Access to the Services requires you to become a member (“Member”) by establishing an individual user account (“Account”). To establish your Account, you will need to provide certain information as set out in our <<Privacy Policy>> and will need to agree to our terms of membership (“Membership Terms”) and community guidelines (“Community Guidelines”). By creating an Account, you agree to pay the applicable Membership Fee (see below) and to the Membership Terms and Community Guidelines that will be presented to you at that time.

See <<Section 8 (Your Account, Representations, Conduct and Commitments)>> for additional terms regarding establishing an Account.

From time to time, we may offer a Trial Subscription (“Trial Subscription”). You may only receive one Trial Subscription. Without limitation, any attempt by you to receive more than one Trial Subscription, such as by creating alternate accounts, will be considered a material breach of these Terms.

  1. Workshops

The Platform offers group workshops ("Workshops") focused on helping Members navigate personal and professional changes and other topics. 

Participation in Workshops requires pre-registration, and you must comply with any specific instructions or guidelines provided by the Workshop Facilitators. “Workshop Facilitators” are certified coaches or licensed providers with expertise in personal and professional development using a range of recognized modalities and techniques, including cognitive behavioral therapy, neuroscience, nutrition, personal relationships, family, and culture.   Workship Facilitators provide educational content and guidance; the Workshops are not a substitute for personalized therapy or counseling. By participating in a Workshop, you acknowledge and agree that the Company is not responsible for the outcomes of the Workshop and that individual results may vary.

Each Workshop runs for 8-10 weeks, with the same group of individuals (a “Cohort”) with sessions held online (via Zoom) at the same time every week or every other week (as determined for each Cohort), with the full schedule set in advance.

When you register for a Workshop, you will be placed in a Cohort based on your responses to our intake survey (“Survey”). The information you provide on the Survey will be governed by the terms of our <<Privacy Policy>>. Workshops are tailored specifically for each Cohort. Due to the customized nature of each Cohort’s experience, make-up sessions are not available for missed Workshops. Additionally, no refunds are provided for missed Workshops or if you choose to cancel your Membership. See <<Cancellation and Refund Policy>> below.

The Company reserves the right to cancel or reschedule Workshops at any time. If a Workshop is canceled, you will be notified, and we will offer an opportunity to enroll in a future Workshop. We do not offer refunds for cancelled or missed Workshop sessions (see <<Cancellation and Refund Policy>> below)

In certain circumstances we may, at our sole discretion, allow you to transfer to another Cohort, subject to availability and Workshop Facilitator approval. If you would like to switch Cohorts, please contact the Community Manager.

Registration for a Workshop includes a 1-year Membership with access to all our Community Resources (“Community Membership”). After the first year, you will be charged our standard Community Membership fee. Your Community Membership will renew automatically each year until you cancel. See <<Cancellation and Refund Policy>> below.

  1. Community Resources

Your Community Membership gives you access to various community resources, including but not limited to message boards, listservs, and curated articles (collectively “Community Content”), and a directory of preferred providers (“Preferred Provider Directory”) (the Community Content and Preferred Provider Director are collectively referred to in these Terms as "Community Resources"). These Community Resources are designed to provide support, information, and a sense of community among Members.

The Company moderates the Community Content to ensure a respectful and supportive environment. Members are expected to adhere to the Community Guidelines, which prohibit harassment, discrimination, and any other form of inappropriate behavior. The Company reserves the right to remove any content or Member that violates these guidelines. To see the complete Community Guidelines, click <<here>>. By accessing any of our Community Content or other Community Resources, you agree to comply with the Community Guidelines.

Curated articles and other Community Content provided through the Platform are for informational purposes only and do not constitute professional advice. The Company does not endorse any specific opinions, products, or services mentioned in any Community Content.

By using the Community Resources, you agree to take full responsibility for your interactions and communications with other members and providers and to use these resources in a manner consistent with the Agreement and Community Guidelines.

  1. Preferred Provider Directory

As part of the Community Resources, the Platform also maintains a Preferred Provider Directory listing licensed providers who meet our listing criteria (“Preferred Provider”) who you can engage directly to provide services to you outside of the Platform ("Preferred Provider Services"). 

The Preferred Provider Director is a resource to help you find qualified licensed providers/therapists for one-on-one sessions. The Company does not endorse, supervise, or guarantee the availability or suitability of any listed providers. Your use of these services is solely at your discretion and risk. It is your responsibility to verify the credentials and fit of any listed provider you choose to contact. See <<Preferred Provider Directory>> below.

Preferred Providers are independent providers who are neither our employees nor agents or representatives. The Company does not itself provide Preferred Partner Services and is not a healthcare entity. If you engage a Preferred Provider, you must enter into a separate agreement between you and the Preferred Provider. To the extent a Preferred Provider is a Covered Entity under the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191) (“HIPAA”), they will be solely responsible for compliance with HIPAA. The Company does not receive any information, including any health or medical information, from any Preferred Providers you contact through the Preferred Provider Directory, and is not a “business associate” of any Preferred Provider for purposes of HIPAA.

The Preferred Providers themselves are responsible for the performance of the Preferred Provider Services. If you feel the Preferred Provider Services provided by the Preferred Provider do not fit your needs or expectations, you may terminate your relationship or change to a different Preferred Provider. While we have a large database of Preferred Providers, you should note that because of licensure requirements that differ from jurisdiction to jurisdiction, not all Preferred Providers available on our database will be available for you to match with, or at any particular or convenient time, or for any set period of time. 

While we hope the Preferred Provider Services are beneficial to you, you understand, agree and acknowledge that they may not be the appropriate solution for everyone's needs and that they may not be appropriate for every particular situation and/or a substitute for certain mental health needs that might require in-person therapy services.

IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING HARMING YOURSELF OR OTHERS OR IF YOU FEEL THAT ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL YOUR LOCAL EMERGENCY SERVICES NUMBER AND NOTIFY THE RELEVANT AUTHORITIES.

THE PLATFORM IS NOT INTENDED FOR THE PROVISION OF CLINICAL DIAGNOSIS REQUIRING AN IN-PERSON EVALUATION AND YOU SHOULD NOT USE IT IF YOU NEED ANY OFFICIAL DOCUMENTATION OR APPROVALS FOR PURPOSES SUCH AS, BUT NOT LIMITED TO, COURT-ORDERED THERAPY OR EMOTIONAL SERVICE DOG CERTIFICATION. IT IS ALSO NOT INTENDED FOR ANY INFORMATION REGARDING WHICH DRUGS OR MEDICAL TREATMENT MAY BE APPROPRIATE FOR YOU, AND YOU SHOULD DISREGARD ANY SUCH ADVICE IF DELIVERED THROUGH THE PLATFORM.

DO NOT DISREGARD, AVOID, OR DELAY IN OBTAINING IN-PERSON CARE FROM YOUR DOCTOR OR OTHER QUALIFIED PROFESSIONAL BECAUSE OF INFORMATION OR ADVICE YOU RECEIVED THROUGH THE PLATFORM.

  1. Workshop and Membership Fees

Payment is due in full at the time of registration for a Workshop and/or a Community Membership. Your first year of Community Membership is free when you register for a Workshop.  After the first year, or if you elect to register for a Community Membership only, you will be charged our standard Community Membership fee. Your Community Membership will renew automatically each year until you cancel. See <<Cancellation and Refund Policy>> below.

You agree to pay all fees and charges associated with your Account on a timely basis in accordance with fees stated when you enroll, and the terms and rates published by Malu Journey from time to time. Such fees and charges (including any taxes and late fees, as applicable) may be charged to the payment method you provided during the initial setup of your Account. You agree to maintain valid payment information, in your Account. By providing Malu Journey with payment information, you authorize Malu Journey to bill and charge your credit card or other payment method

By choosing a recurring membership service, you acknowledge that such paid services have a recurring payment, and you accept responsibility for all recurring charges prior to cancellation. Once you provide complete payment information and conclude the payment transaction, you will be charged for the subscription immediately. 

We are not a healthcare provider and do not accept any form of insurance.

Any payments for Preferred Provider Services booked with any Preferred Provider on our Preferred Provider Directory will be handled directly between you and the Preferred Provider and are not covered under your Workshop or Community Membership fee. The Company does not receive any commission or any portion of any fees you pay to the Preferred Provider. 

We reserve the right to change our subscription or adjust prices for our Services. Any changes to your Membership will only take effect following proper notice to you. While we do our best to avoid increasing prices unnecessarily, we may need to increase prices from time to time to accommodate inflation, increased operational costs and changes in market conditions.

  1. Cancellation and Refund Policy

You are required to pay the full fee for the Workshop at the time of registration. Due to the nature of our scheduling and the limited availability of spots in each Workshop, all fees are non-refundable. Once registered, your participation reserves a place in the Cohort that cannot be offered to another individual, and our Workshop Facilitators are scheduled and compensated based on confirmed registrations. For this reason, we do not offer refunds for missed sessions or cancellations.

Your Community Membership begins upon registration and will automatically renew annually unless cancelled. You may cancel your Community membership at any time prior to the renewal date to avoid future charges. No refunds will be provided for the unused portion of a membership term. If you would like to cancel your Community Membership, please [contact via admin@malujourney.com

  1. Your Account, Representations, Conduct and Commitments

As stated above in Section 2, access to the Services requires you to establish an individual user account (“Account”). You agree you will not create more than one Account or create an Account for anyone other than yourself without first receiving permission from the other person. In exchange for your use of the Service and, if applicable, in order for Providers to send messages to you, you agree to:

  1. provide accurate, true, current and complete information about yourself as prompted by our Account enrollment form and the intake Survey (if applicable). 

  2. maintain and promptly update this information so it will continue to be accurate, current and complete.

  3. certify that you are (i) over the age of 18 and (ii) physically located or are a resident of the United States and the state you have chosen as your current residency when creating your Account.

  4. maintain the confidentiality of your password and any other security information related to your account. We advise you to change your password frequently and to take extra care in safeguarding your password. Malu Journey will not be liable for any loss that you incur as a result of someone else accessing and using your Account, either with or without your knowledge.

  5. notify us immediately of any unauthorized use of your Account or any other concern for breach of your account security.

  6. certify that your use of the Platform, including the Workshops, the Community Resources, and any Preferred Provider Services, are for your own personal use only and that you are not using any of these for or behalf of any other person or organization.

  7. not interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks or infrastructure, or any of the Platform's systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorized access.

  8. not to make any use of the Platform for the posting, sending or delivering: (i) unsolicited email and/or advertisement or promotion of goods and services; (ii) malicious software or code; (iii) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content; (iv) any content that infringes a third party right including intellectual property rights; (v) any content that may cause damage to a third party; (vi) any content which may constitute, cause or encourage a criminal action or violate any applicable law.

  9. if you receive any file from us or from a Workshop Facilitator, whether through the Platform or not, to check and scan this file for any virus or malicious software prior to opening or using this file.

We reserve the right to terminate your account and deny you access to any of our Services if you fail to comply with these Terms and Conditions or any other written agreement between you and us governing your use of the Services or the Platform.

  1. Privacy and Security

Protecting and safeguarding any information you provide through the Platform is extremely important to us. Information about our security and privacy practices can be found on our Privacy Policy available at www.malujourney.com/privacy (The 'Privacy Policy').

BY AGREEING TO THIS AGREEMENT AND/OR BY USING THE PLATFORM, YOU ARE ALSO AGREEING TO THE TERMS OF THE PRIVACY POLICY. THE PRIVACY POLICY IS INCORPORATED INTO AND DEEMED A PART OF THIS AGREEMENT. THE SAME RULES THAT APPLY REGARDING CHANGES AND REVISIONS OF THIS AGREEMENT ALSO APPLY TO CHANGES AND REVISIONS OF THE PRIVACY POLICY.

  1. Intellectual Property

The Platform, the website www.malujourney.com  and its related apps, and any content provided during any of our Workshops, the Services, and the Community Resources (“Malu Journey Intellectual Property") and all rights, title, and interest, including all related intellectual property rights therein are owned by the Company, its licensors, or other providers of such material. This Agreement is not a sale and does not convey or grant you any rights in or related to the Platform, the Workshops, the Community Resources, or any intellectual property rights owned by Malu Journey.

“Malu Journey,” “Malujourney.com” and all related names, logos, product and service names, designs, and slogans ("Malu Journey Marks") are trademarks of the Company or its affiliates or licensors. You must not use Malu Journey Marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Platform and the website are the trademarks of their respective owners.

Subject to your compliance with these Terms, Malu Journey grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Platform and the Community Resources solely in connection with your use of the Services on your personal device; and (ii) access and use any content, information and related materials that may be made available through the Services or the Community Resources, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by the Company and its licensors.

Pilot Program/Feedback

If you are accessing the Platform or any of our Services as part of a pilot program or otherwise, any suggestions, comments, ideas, or other feedback (“Feedback”) you provide regarding the Platform or its features or our Services will be and remain the sole, exclusive property of Company.  We will have the right, but not the obligation, to use or incorporate any such Feedback in any future version of the Platform or any of our Services or for any other purpose without restriction or compensation to you. The Company is under no obligation to use any Feedback you provide.

  1. Third Party Content

The Platform may contain other content, products or services which are offered or provided by third parties ("Third-Party Content"), links to Third-Party Content (including but not limited to links to other websites) or advertisements which are related to Third Party Content. We have no responsibility for the creation of any such Third-Party Content, including (but not limited to) any related products, practices, terms or policies, and we will not be liable for any damage or loss caused by any Third-Party Content.

  1. Disclaimer of Warranty and Limitation of Liability; Indemnification

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE US AND AGREE TO HOLD US HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM OR ARISING IN RELATION TO THE WORKSHOPS, THE SERVICES, THE COMMUNITY RESOURCES, THE PREFERRED PROVIDER SERVICES, THE PLATFORM OR YOUR USE THEREOF, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR SERVICE OF ANY LICENSED PROVIDER OR CERTIFIED COACH AND/OR ANY OTHER CONTENT OR INFORMATION ACCESSIBLE THROUGH THE PLATFORM.

YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT THE PLATFORM, THE SERVICES, AND THE COMMUNITY RESOURCES ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, NON-INFRINGEMENT, SECURITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. THE USE OF THE PLATFORM IS AT YOUR OWN RISK. TO THE FULLEST EXTENT OF THE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED.

EXCEPT WHERE PROHIBITED, MALU JOURNEY WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.

YOU AGREE THAT OUR TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DAMAGES, LOSSES, OR CAUSES OF ACTION (WHETHER CONTACTUAL, TORTIOUS, OR OTHERWISE) ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE PLATFORM, THE SERVICES, THE PREFERRED PROVIDER SERVICES, AND THE COMMUNITY RESOURCES WILL NOT EXCEED THE GREATER OF THE TOTAL AMOUNT OF MONEY PAID BY YOU OR ON YOUR BEHALF THROUGH THE PLATFORM IN THE 12 MONTHS PERIOD PRIOR TO THE DATE OF THE CLAIM OR $100, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. If applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.

To the maximum extent permitted by applicable law, you agree to indemnify us, defend us, and hold us harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable attorneys' fees and expenses) arising out of or relating to any of the following: (a) your access to or use of the Platform; (b) any actions made with your Account or Account access whether by you or by someone else; (c) your violation of any of the provisions of this Agreement; (d) non-payment for any of the Services provided through the Platform; (e) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right. This clause shall survive expiration or termination of this Agreement.

This section (Disclaimer of Warranty and Limitation of Liability; Indemnification) shall survive the termination or expiration of this Agreement.

  1. Arbitration

THIS SECTION 9 OF THIS AGREEMENT SHALL BE REFERRED TO AS THE "ARBITRATION AGREEMENT."

  1. Agreement to Arbitrate. By accepting the terms of this Arbitration Agreement, you and the Company (collectively, "Parties") agree that any dispute, claim, or controversy (except those specifically exempted below) arising out of or relating to (i) this Agreement and prior versions of this Agreement, or concerning the existence, applicability, breach, termination, enforcement, interpretation, scope, waiver, or validity thereof; and (ii) the use of the Platform, the Services, the Community Resources, or Preferred Provider Services (collectively, "Disputes") will be resolved on an individual basis by final and binding arbitration, regardless of its date of accrual. Except as it otherwise provides, this Arbitration Agreement is intended to apply to the resolution of Disputes that otherwise would be resolved in a court of law or before a forum other than arbitration. All claims in arbitration are subject to the same statutes of limitation that would apply in court. By accepting the terms of this Arbitration Agreement, you and the Company mutually agree to waive their respective rights to trial by jury.

Any arbitration proceeding under this Section will be submitted to the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) and administered pursuant to the most-current JAMS Streamlined Arbitration Rules & Procedures, and conducted by a single, neutral arbitrator by phone or video conference, unless an in-person hearing is requested by either party, in which case the hearing will take place in New York, NY.

  1. Exceptions to Arbitration. Notwithstanding the foregoing, this Arbitration Agreement shall not require arbitration of the following claims: (i) individual claims brought in small claims court so long as the matter remains in such court and advances only on an individual basis; (ii) individual claims of sexual assault or sexual harassment occurring in connection with your use of the Platform; and/or (iii) injunctive or other equitable relief in a 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. Also, this Arbitration Agreement does not apply to disputes that may not be subject to arbitration as expressly provided by a controlling federal or state statute. 

  1. Optional Pre-Arbitration Dispute Resolution and Notification. Before initiating arbitration, you and the Company may first attempt to resolve any Disputes informally for 30 days, unless this time period is mutually extended by the Parties. The informal negotiations begin upon receipt of written notice from one party to the other ("Notice of Dispute"). The Notice of Dispute must: (i) include the full name and contact information of the complaining party; (ii) describe the nature and basis of the dispute, claim, or controversy; and (iii) set forth the specific relief sought. The Company will send its Notice of Dispute to your billing or email address. You will send your Notice of Dispute to: Malu Journey at [Address]. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the Parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability or for impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible as a result of its use in the negotiation.

  1. Application to Third Parties. This Arbitration Agreement shall be binding upon, and shall include any claims brought by or against any third parties, including but not limited to your spouses, heirs, third-party beneficiaries and assigns, where their underlying claim(s) arise out of or relate to your use of the Platform, the Services, the Community Resources, or Preferred Provider Services. To the extent that any third-party beneficiary to this Agreement brings claims against the Parties, those claims shall also be subject to this Arbitration Agreement.

  1. No Class Action. YOU AND MALU JOURNEY EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, GROUP, OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND MALU JOURNEY EACH WAIVE ANY RIGHT TO A JURY TRIAL. YOU AND MALU JOURNEY ALSO BOTH AGREE THAT NOTWITHSTANDING OUR AGREEMENT TO ONLY ARBITRATE DISPUTES AS STATED ABOVE, YOU OR WE MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.

  2. Alternative Jurisdiction. If this arbitration provision is found to be null and void, then all disputes arising under the Agreement will be subject to the jurisdiction of the state and federal courts located in New York City, New York, and you and we hereby submit to the personal jurisdiction and venue of these courts.

  3. Survival. This Arbitration Agreement survives after the termination or expiration of the Parties' relationship.

  1. Modifications, Termination, Interruption and Disruptions to the Platform

You understand, agree and acknowledge that we may modify, suspend, disrupt or discontinue the Platform, any part of the Platform or the use of the Platform, whether to all clients or to you specifically, at any time with or without notice to you. You agree and acknowledge that we will not be liable for any of the above actions or for any losses or damages that are caused by any of the aforementioned actions.

The Platform depends on various factors such as software, hardware and tools, either our own or those owned and/or operated by our contractors and suppliers. While we make commercially reasonable efforts to ensure the Platform's reliability and accessibility, you understand and agree that no platform can be 100% reliable and accessible and so we cannot guarantee that access to the Platform will be uninterrupted or that it will be accessible, consistent, timely or error-free at all times.

  1. Export Controls and Sanctions

Malu Journey products may be subject to US export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations ("EAR") maintained by the US Department of Commerce, trade and economic sanctions maintained by the US Treasury Department's Office of Foreign Assets Control ("OFAC"), and the International Traffic in Arms Regulations ("ITAR") maintained by the US Department of State. You warrant that you are (1) not located in any country to which the United States has embargoed goods or has otherwise applied any economic sanctions; and (2) not a denied party as specified in any applicable export or re-export laws or regulations or similar laws applicable in other jurisdictions or otherwise listed on any US government list of prohibited or restricted parties.

You agree to comply with all applicable export and reexport control laws and regulations, including without limitation the EAR and trade and economic sanctions maintained by OFAC. Specifically, you agree not to – directly or indirectly – use, sell, export, reexport, transfer, divert, release, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Malu Journey under these Terms to any destination, entity, or person or for any end-use prohibited by the EAR, trade and economic sanctions maintained by OFAC, or any applicable laws or regulations of the United States or any other jurisdiction without obtaining any required prior authorization from the competent government authorities as required by those laws and regulations.

  1. Notices

We may provide notices or other communications to you regarding this Agreement or any aspect of the Platform, by email to the email address that we have on record, by regular mail or by posting it online. The date of receipt shall be deemed the date on which such notice is given. Notices sent to us must be delivered by email to admin@Malu Journey.com.

Notice to California Residents:

The Board of Behavioral Sciences receives and responds to complaints regarding services provided within the scope of practice of (marriage and family therapists, clinical social workers, or professional clinical therapists). You may contact the board online at www.bbs.ca.gov, or by calling (916) 574-7830.

  1. Contact/Complaints

Please direct any communications, including complaints about the Platform, to admin@malujourney.com.

  1. Important Notes about our Agreement

This Agreement and our relationship with you shall both be interpreted solely in accordance with the laws of the State of New York, without regard to any rules governing choice of laws.

THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND US. YOU CONFIRM THAT YOU HAVE NOT RELIED UPON ANY PROMISES OR REPRESENTATIONS BY US EXCEPT AS SET FORTH IN THIS AGREEMENT.

Nothing in this Agreement, including the choice of the laws of the State of New York, affects your statutory rights as a consumer to rely on the mandatory consumer protection provisions contained in the law of the country in which you live.

We may change this Agreement by posting modifications on the Platform. Unless otherwise specified by us, all modifications shall be effective upon posting. Therefore, you are encouraged to check the terms of this Agreement frequently. The last update date of this Agreement is posted at the bottom of the Agreement. By using the Platform after the changes become effective, you agree to be bound by such changes to the Agreement. If you do not agree to the changes, you must terminate access to the Platform and participation in its services.

We may freely transfer or assign this Agreement or any of its obligations hereunder.

The paragraph headings in this Agreement are solely for the sake of convenience and will not be applied in the interpretation of this Agreement.

If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.

Last Updated: January 1, 2025

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