Terms and Conditions
Last updated: September 16, 2026
The agreement that governs your access to and use of Malu Journey. Please read it before using the Platform.
1. Read This First
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.
2. 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 PARTNERS WHO MAY BE CLINICAL OR NON-CLINICAL SERVICE PROVIDERS. NOTE THAT INCLUSION IN THE PREFERRED PARTNER DIRECTORY IS NOT AN ENDORSEMENT BY MALU JOURNEY OF THE PREFERRED PARTNER. 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.
3. General Terms
The following are the Terms and Conditions (the "Agreement") which govern your access to and use of our online platform (the "Platform") and any personal coaching or mental health group workshops ("Workshops") and other content, materials, tools and resources we provide, including our self-guided Deep Sea Alignment assessment, the Care Navigator, our self-paced program and its exercises, downloadable toolkits, cohort spaces, the Preferred Partner Directory, and our community content (collectively "Community Resources", and together with the Workshops, the "Services"), via the Malu Journey website at www.malujourney.com (the "Website") and our members' platform at app.malujourney.com. This Website and Platform are owned and operated by Malu Journey, LLC.
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 Workshop Consent Form and Confidentiality Agreement, our Notice of Workshop Privacy Practices, and our Cancellation and Refund Policy below (collectively, the "Supplemental Agreements"). You should read this Agreement carefully before starting to use the Platform. If you do not agree to be bound by any term of this Agreement or our Community Guidelines, or any applicable Supplemental Agreement, you must not access the Platform or 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.
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").
4. Accounts and Membership
Access to some Services requires you to become a member ("Member") by establishing an individual user account ("Account"). To establish an Account you will need to provide certain information as set out in our Privacy Policy, and to agree to our terms of membership and our Community Guidelines, which will be presented to you at that time.
Some parts of the Services are available without charge and without a paid membership, including our self-guided assessment, our downloadable toolkits, and registration for certain public events. Where you use one of these, we may create an Account for you from the name and email address you provide, so that what you requested is saved and available to you. An Account created this way carries no Membership Fee and no obligation to pay anything. You may set a password and keep using it, or ask us to delete it, at any time.
A Membership Fee is payable only where you register for a Workshop or elect a paid Community Membership, and the applicable fee is presented to you before you are charged.
From time to time we may offer a trial subscription ("Trial Subscription"). You may only receive one Trial Subscription. Any attempt to receive more than one, such as by creating alternate accounts, will be considered a material breach of these Terms.
5. 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. Workshop 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 Cohort runs for 8-10 weeks with the same group of individuals (a "Cohort"), with sessions held online 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 (the "Survey"). The information you provide in the Survey is governed by 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. No refunds are provided for missed Workshops or if you choose to cancel your Membership. See Cancellation and Refunds below.
The Company reserves the right to cancel or reschedule Workshops at any time. If a Workshop is cancelled, 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.
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 us.
Registration for a Cohort includes a one-year Community Membership with access to all our Community Resources. After the first year you will be charged our standard Community Membership fee. Your Community Membership will renew automatically each year until you cancel.
6. Community Resources
Your Community Membership gives you access to various community resources, including message boards, cohort spaces, curated articles and recordings, our self-paced program, downloadable toolkits, and the Preferred Partner Directory.
The Company moderates community content to maintain 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 those guidelines. 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 them.
By using the Community Resources, you agree to take full responsibility for your interactions and communications with other Members and partners, and to use these resources in a manner consistent with this Agreement and the Community Guidelines.
7. Deep Sea Alignment and the Care Navigator
The Platform offers a self-guided assessment ("Deep Sea Alignment") and a guided matching tool (the "Care Navigator"). Both are structured reflection and routing tools. Neither is a clinical or psychometric instrument, neither has been validated against a normative population, and neither produces a diagnosis. Your reading is an interpretation of your own answers against fixed thresholds, not a comparison against anyone else.
You agree that you will not use, and will not permit any person or organization to use, the Deep Sea Alignment assessment or any reading produced by it for hiring, selection, promotion, evaluation, compensation, or any other employment decision, whether about yourself or about anyone else.
A suggestion from the Care Navigator is a starting point for your own consideration. It is not a referral, a triage decision, or an endorsement of any partner, and inclusion in the Preferred Partner Directory is not an endorsement by Malu Journey. You are responsible for verifying the credentials and suitability of any partner you choose to contact.
NEITHER FEATURE IS MONITORED. NOBODY AT MALU JOURNEY IS WATCHING WHAT YOU ENTER, AND NEITHER FEATURE WILL SUMMON HELP ON YOUR BEHALF. IF YOU ARE THINKING ABOUT SUICIDE, CONSIDERING HARMING YOURSELF OR OTHERS, BELIEVE ANOTHER PERSON MAY BE IN DANGER, OR HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL YOUR LOCAL EMERGENCY SERVICES NUMBER AND NOTIFY THE RELEVANT AUTHORITIES.
8. Artificial Intelligence
The Care Navigator uses a third-party language model to write the reflection it shows you and to suggest areas of practice. Output produced by a language model can be wrong, incomplete or misleading, and you should treat it as a prompt for your own thinking rather than as advice.
The Deep Sea Alignment assessment is scored by fixed arithmetic and involves no artificial intelligence.
We may use an AI-assisted notetaker in Workshops held over video, where that is disclosed for the Workshop, solely to prepare a written summary for participants and Facilitators. That use is governed by the Workshop Consent Form and Confidentiality Agreement.
Our Privacy Policy describes what is sent to a model provider, what is not, and what is not automated.
9. Preferred Partner Directory
As part of the Community Resources, the Platform maintains a Preferred Partner Directory listing providers who meet our listing criteria ("Preferred Partners") whom you can engage directly to provide services to you outside the Platform ("Preferred Partner Services").
The Preferred Partner Directory is a resource to help you find qualified providers for one-to-one sessions. The Company does not endorse, supervise, or guarantee the availability or suitability of any listed partner. 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 partner you choose to contact.
Preferred Partners are independent providers who are neither our employees nor our agents or representatives. The Company does not itself provide Preferred Partner Services and is not a healthcare entity. If you engage a Preferred Partner, you must enter into a separate agreement between you and that partner. To the extent a Preferred Partner is a covered entity under HIPAA, they are solely responsible for compliance with HIPAA. The Company does not receive any information, including any health or medical information, from any Preferred Partner you contact through the Directory, and is not a "business associate" of any Preferred Partner for purposes of HIPAA.
Preferred Partners are responsible for the performance of the Preferred Partner Services. If you feel the services provided do not fit your needs or expectations, you may terminate that relationship or change to a different partner. Because licensure requirements differ from jurisdiction to jurisdiction, not all partners in our directory will be available to you, or available at any particular or convenient time, or for any set period of time.
While we hope the Preferred Partner Services are beneficial to you, you understand, agree and acknowledge that they may not be the appropriate solution for everyone's needs, may not be appropriate for every situation, and may not be a substitute for certain mental health needs that require in-person therapy services.
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.
10. Fees
Payment is due in full at the time of registration for a Workshop or a paid Community Membership. Your first year of Community Membership is included when you register for a Cohort. After the first year, or if you elect a Community Membership only, you will be charged our standard Community Membership fee. Your Community Membership renews automatically each year until you cancel.
You agree to pay all fees and charges associated with your Account on a timely basis, in accordance with the fees stated when you enroll and the terms and rates we publish from time to time. Those fees and charges, including any taxes and late fees, may be charged to the payment method you provided. You agree to maintain valid payment information in your Account. By providing us with payment information, you authorize us to bill and charge your payment method.
By choosing a recurring membership, you acknowledge that it carries 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 Partner Services booked with a partner in our Directory are handled directly between you and that partner and are not covered by your Workshop or Community Membership fee. The Company does not receive any commission or any portion of any fees you pay to a Preferred Partner.
We reserve the right to change our subscriptions or adjust prices. Any change to your Membership will take effect only after proper notice to you. While we do our best to avoid increasing prices unnecessarily, we may need to do so from time to time to accommodate inflation, increased operational costs and changes in market conditions.
11. Cancellation and Refunds
You are required to pay the full fee for a Workshop at the time of registration. Because of the nature of our scheduling and the limited availability of places 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 renews automatically each year unless cancelled. You may cancel at any time before the renewal date to avoid future charges. No refunds are provided for the unused portion of a membership term. To cancel, contact us at admin@malujourney.com.
12. Your Account, Conduct and Commitments
You agree that you will not create more than one Account, or create an Account for anyone other than yourself without first receiving that person's permission. In exchange for your use of the Services, you agree to:
Provide accurate, true, current and complete information about yourself as prompted by our Account enrollment form and the intake Survey, if applicable.
Maintain and promptly update this information so that it remains accurate, current and complete.
Certify that you are over the age of 18, and that you are physically located in or are a resident of the United States and of the state you selected as your current residence when creating your Account.
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 it. Malu Journey will not be liable for any loss you incur as a result of someone else accessing and using your Account, either with or without your knowledge.
Notify us immediately of any unauthorized use of your Account or any other concern about the security of your Account.
Certify that your use of the Platform, including the Workshops, the Community Resources and any Preferred Partner Services, is for your own personal use only, and that you are not using any of them for or on behalf of any other person or organization.
Not interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks or infrastructure, including by obtaining unauthorized access.
Not use the Platform for posting, sending or delivering: unsolicited email, advertising or promotion of goods and services; malicious software or code; unlawful, harassing, privacy-invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content; content that infringes a third-party right including intellectual property rights; content that may cause damage to a third party; or content that may constitute, cause or encourage a criminal action or violate any applicable law.
Check and scan any file you receive from us or from a Workshop Facilitator for viruses or malicious software before opening or using it.
We reserve the right to terminate your Account and deny you access to any of our Services if you fail to comply with this Agreement or any other written agreement between you and us governing your use of the Services or the Platform.
13. Ending Your Account
You may close your Account at any time, for any reason, and you do not have to tell us why. Use the delete option in your profile, or email admin@malujourney.com from the address on your Account. We will confirm before anything is deleted.
When your Account is closed, whether by you or by us: your access to the Platform and to the Community Resources ends immediately; any active paid membership is cancelled so that you are not charged again; and the information attached to your Account is deleted as described in our Privacy Policy, which sets out exactly what is deleted, what we are required to keep and for how long, and what cannot be retrieved.
Closing your Account does not itself entitle you to a refund of fees already paid. Our refund terms are in Cancellation and Refunds above.
Content you shared in a Workshop, a Cohort space or another shared area may remain visible to the people you shared it with, and anything another Member has copied or quoted is outside our control. We remove what we are able to remove.
Where we terminate your Account for a breach of this Agreement, we may retain such records as are reasonably necessary to enforce this Agreement, to prevent the creation of a replacement account, or to establish, exercise or defend a legal claim.
The sections of this Agreement that are stated to survive termination continue to apply after your Account is closed.
14. 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 is in our Privacy Policy, available in the Platform and at www.malujourney.com/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.
15. Intellectual Property
The Platform, the Website and its related applications, 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 made available through the Services or the Community Resources, in each case solely for your personal, noncommercial use. Any rights not expressly granted here are reserved by the Company and its licensors.
16. Pilot Programs and 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, its features or our Services will be and remain the sole, exclusive property of the 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.
17. Third-Party Content
The Platform may contain other content, products or services offered or provided by third parties ("Third-Party Content"), links to Third-Party Content including links to other websites, or advertisements related to Third-Party Content. We have no responsibility for the creation of any such Third-Party Content, including any related products, practices, terms or policies, and we will not be liable for any damage or loss caused by any Third-Party Content.
18. Disclaimer of Warranty, Limitation of Liability, and 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 PARTNER 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 CONTRACTUAL, TORTIOUS, OR OTHERWISE) ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE PLATFORM, THE SERVICES, THE PREFERRED PARTNER 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 MONTH 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 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 taken 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 any intellectual property right, publicity, confidentiality, property or privacy right. This clause survives expiration or termination of this Agreement.
This section survives the termination or expiration of this Agreement.
19. Arbitration
This section shall be referred to as the "Arbitration Agreement".
Agreement to Arbitrate. By accepting the terms of this Arbitration Agreement, you and the Company (collectively, the "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 Partner 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 and 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.
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. This Arbitration Agreement also does not apply to disputes that may not be subject to arbitration as expressly provided by a controlling federal or state statute.
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 period is mutually extended by the Parties. The informal negotiations begin upon receipt of written notice from one party to the other (a "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, LLC at PO Box 372, 600 Franklin Ave, Garden City, NY 11530. 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 any 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.
Application to Third Parties. This Arbitration Agreement shall be binding upon, and shall include any claims brought by or against, any third parties, including your spouses, heirs, third-party beneficiaries and assigns, where their underlying claims arise out of or relate to your use of the Platform, the Services, the Community Resources or Preferred Partner 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.
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.
Alternative Jurisdiction. If this arbitration provision is found to be null and void, then all disputes arising under this 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 those courts.
Survival. This Arbitration Agreement survives after the termination or expiration of the Parties' relationship.
20. 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 your use of the Platform, whether for all members or for 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 caused by any of them.
The Platform depends on various factors such as software, hardware and tools, either our own or those owned 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 percent 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.
21. 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 re-export control laws and regulations, including the EAR and trade and economic sanctions maintained by OFAC. Specifically, you agree not to, directly or indirectly, use, sell, export, re-export, 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.
22. 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 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@malujourney.com.
23. 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.
24. Contact and Complaints
Please direct any communications, including complaints about the Platform, to admin@malujourney.com.
25. Important Notes About This 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 place in which you live.
We may change this Agreement by posting modifications on the Platform. Unless otherwise specified by us, all modifications are effective upon posting. You are therefore encouraged to check the terms of this Agreement frequently. The last update date appears at the top of this document. By using the Platform after changes become effective, you agree to be bound by them. If you do not agree to the changes, you must stop accessing the Platform and participating in its services.
We may freely transfer or assign this Agreement or any of its obligations.
The paragraph headings in this Agreement are solely for convenience and will not be applied in its interpretation.
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 will remain in full force and effect.
IF YOU ARE IN A CRISIS, OR IF ANY OTHER PERSON MAY BE IN DANGER, DO NOT USE THIS PLATFORM. CALL YOUR LOCAL EMERGENCY SERVICES NUMBER.