Pronoia Performance, LLC – Terms of Use

Effective Date: June 6 2025

Last Update: June 6 2025

PLEASE READ CAREFULLY. By accessing pronoiaperformance.com or purchasing any subscription or product from Pronoia Performance, LLC (“PP,” “we,” “our,” or “us”), you agree to be bound by these Terms of Use (“Terms”). If you do not agree, do not use the Site.

Acceptance & Incorporated Policies

These Terms incorporate by reference and make a contractual part of the agreement our:

  • HIPAA Notice of Privacy Practices

  • Privacy Policy

  • Refund & Cancellation Policy

Eligibility & Geographic Scope

  • You must be 21 years old or older, reside in the United States, and use the Site only for lawful personal purposes.

  • We do not market, sell, or ship outside the U.S. If you access the Site from elsewhere, you do so at your own risk.

No Medical Advice; Provider Relationship

  1. Information Only. All content on the Site is for informational purposes and does not constitute medical advice.

  2. Clinical Care. Medical services are provided solely by Mindful Medicine, PC (“MM”), an independent, licensed medical practice. PP is a Management Services Organization (MSO) supporting administrative tasks only.

  3. Telehealth Notice. Telehealth has inherent limitations; emergencies and complex conditions may require in-person care. Call 911 for medical emergencies. Service availability is subject to clinician determination and state licensure rules.

Subscriptions, Billing & Auto-Renew

  • Auto-Renew. All subscriptions automatically renew until cancelled as described in our Refund & Cancellation Policy.

  • Price Changes (Month-to-Month plans). We may raise or lower month-to-month prices with 15 days’ email notice. Prices for 6- and 12-month plans are locked for the agreed term.

  • Payment Processor. Card payments are processed by Stripe, Inc.; you authorize us to charge the card on file on each billing date.

User Accounts & Identity

  • Patients do not create Site accounts. HIPAA-compliant patient-portal access is provided through our electronic health-records (EHR) vendor after enrollment.

  • You represent that all information you provide (e.g., intake forms, medical history) is truthful and complete.

Prohibited Conduct

You agree not to:

  1. Violate any law or regulation.

  2. Use the Site to harass, defame, or threaten.

  3. Upload or transmit malware, scraping robots, or automated extraction tools.

  4. Submit fraudulent or misleading medical or payment information.

  5. Post or distribute patient testimonials, images, or before/after photos without express written consent of the depicted individual(s).

  6. Reverse-engineer or decompile any Site functionality.

Intellectual Property

  • All Site content, trademarks, logos, PDFs, and other materials are owned by PP or its licensors and are protected by U.S. and international IP laws.

  • Limited license: you may view, download, or print materials for personal, non-commercial use only, provided you keep all proprietary notices intact. No other rights are granted. “All rights reserved.”

Testimonials & User Content

  • Testimonials displayed are user-submitted opinions. Results vary.

  • We do not host public comments. If you believe any content infringes your rights, send a DMCA notice to devlon@pronoiaperformance.com (Subject: “DMCA Takedown”).

Disclaimer of Warranties

THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, PP, MM, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY AMOUNT EXCEEDING THE GREATER OF (A) $100 OR (B) THE TOTAL FEES YOU PAID TO PP IN THE 12 MONTHS PRECEDING THE CLAIM.

Dispute Resolution; Arbitration & Class-Action Waiver

  1. Binding Arbitration. Any dispute arising out of or relating to these Terms or the Site shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

  2. Seat & Governing Law. The arbitration shall be held in Boulder County, Colorado, applying Colorado law.

  3. Class Action Waiver. Disputes will be resolved only on an individual basis; class or representative actions are not permitted.

  4. Small-Claims Option. Either party may pursue a claim in small-claims court in Boulder County if eligible.

  5. Injunctive Relief. Either party may seek a court order to enforce IP or confidentiality rights pending arbitration.

Export Controls

You may not use, export, or re-export any Site content or products in violation of U.S. export laws. We do not accept or fulfill orders outside the United States.

Modifications to Terms

We may change these Terms at any time by posting an updated version. Material changes will be emailed at least 15 days before they take effect. Continued use of the Site after the effective date constitutes acceptance.

Termination

We may suspend or terminate your access to the Site at any time for violation of these Terms or applicable law. Sections 7–12 survive termination.

Contact Information & Legal Notices

Pronoia Performance, LLC
Attn: Devlon Haase, Privacy & Compliance Officer
1942 Broadway St, Suite 314C, Boulder, CO 80302
Phone: (720) 414-3515 Email: devlon@pronoiaperformance.com

By using the Site you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.

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