Last Updated May 29th, 2025

 

Welcome to Different Lenses! Different Lenses LLC (“Different Lenses,”), owns and operates https://www.dlathletementalhealth.com/ (the “Website”) and these Terms of Service govern your use or access of the Website and any applications, mobile apps, affiliated websites or other platforms through which we provide our services (collectively, the “Platform”). Different Lenses provides the Platform to connects athletes with various professionals and resources, prioritizing early intervention for issues athletes may face.. You may sign up on the platform as a regular user or as a professional with a paid account (such person a “Professional”). 

 

Individuals who use the Platform (whether individuals, Professionals, visitors, or others accessing on behalf of someone else or a business) are “Users”, and “you” and “your” refer to Users. If you access the Platform or accept these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that legal entity and, in such event, “you” and “your” will refer to that legal entity. “We”, “us”, or “our” refer to Different Lenses. In addition, in these Terms, unless the context requires otherwise, words in one gender include all genders and words in the singular include the plural and vice-versa. Users will be able to interact with each other in a variety of ways on the Platform, including viewing Content from Professionals.

 

By using or visiting the Platform, or receiving any services therefrom, you agree to comply with and be legally bound by the terms, conditions and restrictions of these Terms of Service (the “Terms”). Please read these Terms and our Privacy Policy (located at _Different Lenses LLC 455 Market St Ste 1940 PMB 374128 San Francisco, California 94105-2448 US and incorporated by reference into these Terms) carefully before using the Platform. If you do not agree to these Terms, including our Privacy Policy, you have no right to obtain information from or otherwise continue using the Platform. Please note that Different Lenses is merely a technology company facilitating connections among athletes and Professionals and providing access to various resources. Different Lenses is not responsible for your interactions with other Users, whether they are Professionals or otherwise, whether with respect to your social or business interactions with them, payment, delivery of goods or services, accessing their content or otherwise. While we attempt to verify every Professional’s licensure and certification, we cannot guaranty that every Professional is appropriately licensed or certified, that such licensure and certification is maintained at all times, or that they are otherwise compliant with all applicable laws or regulation. Furthermore, we have no responsibility or liability for acts by any third-parties (including other Users), other than as stated herein, nor control over the conduct of any third-party using the Platform. Different Lenses disclaims all liability with respect to the action or inaction of any third-parties, including Professionals, to the maximum extent permitted by law.

 

Different Lenses reserves the right to modify these Terms or its policies relating to the Service or Platform at any time, effective upon posting of an updated version of these Terms on the Platform. You are responsible for regularly reviewing these Terms. Continued use of the Platform after any such changes shall constitute your consent to such changes.

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PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. IF YOU RESIDE IN THE UNITED STATES, PLEASE NOTE: SECTION 23 OF THESE TERMS OF SERVICE CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES WITH LONCH ARE RESOLVED. BY ACCEPTING THESE TERMS OF SERVICE, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN THE ARBITRATION PROVISION BELOW. 

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1. Applicability & Acceptance of These Terms of Use

By viewing, using, accessing, browsing, creating an account with, submitting content to, accessing any services or features available or enabled by, or submitting any content or material via Platform, you agree to these Terms as a binding legal agreement between you and us. 

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2. User License

Different Lenses grants you permission (which may be revoked at any time for any reason or no reason) to view, use and access the Platform and to download, email, share via social networking or print (“Share”) individual pages from the Platform in accordance with these Terms, solely for your own personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained on such pages. If you are a Professional, you may utilize the Platform to browse content and to create a profile that others can view, which profile may include links to your website. No other use is permitted. You may not, for example, incorporate the information, content, or other material in any database, compilation, archive or cache. You may not modify, copy, distribute, re-publish, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, content, material, software, products or services obtained from us or other Users, except as specifically noted above. Except as specifically authorized by Different Lenses, you may not deep-link to the Platform for any purpose or access the Platform manually or with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any portion of the Platform or any information, content, or material on the Platform. We reserve all of our statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of the Platform or any content contained therein, whether in whole or in part, except as provided above or with the prior written consent of Different Lenses. Any rights not expressly granted herein are reserved.

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3. User Conduct

You agree that your use of the Platform and or services on the Platform is subject to all applicable local, state and federal laws and regulations, as well as applicable non-US law. You also agree:

• to comply with US law and local laws or rules regarding online conduct and acceptable material;

• not to use Platform or its services or submit content to the Platform if you are under the age of 18;

• not to use the Platform to purchase alcohol unless you and the alcohol recipient are 21 or older and present a valid photo identification(s) verifying your age at the time of alcohol delivery;

• not to access the Platform using a third-party's account registration without the express consent of the account holder;

• not to use the Platform for illegal purposes;

• not to commit any acts of infringement on the Platform or with respect to content on the Platform;

• not to use the Platform to engage in commercial activities apart from sanctioned use of the Services;

• not to copy any content, including, but not limited to Professionals’ inventory or branding content, for republication in print or on-line;

• not to attempt to gain unauthorized access to other computer systems from or through the Platform;

• not to interfere with another person's use and enjoyment of the Platform or another entity's use and enjoyment of the Platform;

• not to upload or transmit viruses or other harmful, disruptive or destructive files on the Platform; and or

• not to disrupt, interfere with, or otherwise harm or violate the security of the Platform, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Platform or affiliated or linked sites (including those of our partners).

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4. Professional Accounts

You may sign up as a Professional through the approval of Different Lenses. Different Lenses will allow you to list your website (where you may choose to sell your own goods and services) and otherwise advertise your profile, but does not verify your content. Professional acknowledges and agrees that it shall remain the seller of its own goods and services to other Users, and that Different Lenses is not a reseller and does not accept liability relating to such goods and services.

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Professionals hereby represent and warrant that they will maintain in good standing all certifications, licensures and credentials and otherwise abide by all applicable laws and regulations at all times they maintain a Professional Account.

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Users understand that to the extent they make any purchases, or otherwise interact, with a Professional they accept that Different Lenses is not a party to such transaction.

As a Professional, we ask that you are proactive about responding to other Users, and if you are unable to accept connections from the Platform that you inform Users of this. We also ask that you exercise your professional judgment with respect to any Content you publish on the Platform or link to.

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5. Termination and Modifications to the Platform

Different Lenses reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Platform and/or services offered on or through Platform (or any part thereof), including but not limited to the Platform’s features, look and feel, and functional elements and related services, or termination of your access to any part thereof or of your account. You understand that Different Lenses may enact this right at any time, though we intend to do our best to offer you adequate notice to migrate any of your data in accordance with these Terms.

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6. Account Termination

Any account may be closed by the account owner via means provided in the Platform. If you are paying for a Professional account, you may terminate your account as outlined above but will not be entitled to a refund for any portion of your subscription.

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7. Your Interactions with Other Users

The Company is not responsible for the conduct of any User. As noted in and without limiting the Sections on Links and Limitation on Liability below, in no event shall the Company, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Platform including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from your communications and/or interactions with other users. You should not provide your financial or other personal information to other users.

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8. Your Content

Different Lenses may provide you with interactive opportunities (i) on the Platform, including, without limitation, features such as user ratings and reviews, messaging Users, your profile page, other people’s profile pages, comments, saved content, liked items and bookmarked Professionals, user profiles and pictures, (ii) on social media pages maintained by Different Lenses, as well as (iii) through other communications with you, including, without limitation, through text (“SMS”) or multimedia (“MMS”) messages (collectively, "Interactive Areas"). You may also have the opportunity to post, upload, publish, link to, transmit, record, display or otherwise make available (collectively, “Post”) on the Platform or transmit to other Users in various forms, including messages, videos, photographs, profile text, each of which may be Posted publicly or privately (“Content”). You represent and warrant that you are the owner of and/or otherwise have the right to provide all Content that you Post to the Platform, including, without limitation, information and materials provided or made available in connection with any Facebook, Google, or other third party login (“Your Content”). Your Content includes, without limitation, your username and/or other user profile information such as your ratings history and how long you have been a Different Lenses User, your location, textual, visual, or audio content and information, whether transmitted via the Platform, SMS or MMS message, or otherwise.

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A. Use of Your Content

You grant Different Lenses an irrevocable, transferable, paid up, royalty-free, perpetual, non-exclusive worldwide sublicensable license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works from, distribute, and/or otherwise use Your Content in all forms of media now known or hereafter invented ​​for the purpose of operating, promoting, and improving our Site, business, products and services, and developing new ones (collectively, the “Uses”). The Uses include, without limitation, use of your username and/or other user profile information such as your ratings history and how long you have been a Different Lenses user, to attribute Your Content to you on the Platform, including in Interactive Areas and other public areas on our Platform, or otherwise in connection with our Services. All Uses will be made without notification to and/or approval by you and without the requirement of payment to you or any other person or entity. Further, you hereby grant Different Lenses a royalty-free, perpetual, irrevocable, transferable, sublicensable, worldwide, nonexclusive license to incorporate and use any of your suggestions, input, or other feedback relating to the Platform or the Services (collectively, the “Feedback”) for any purpose without notice to, approval by, or compensation to you.

You further understand and agree that you may be exposed to third-party content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose. Different Lenses and its parents, subsidiaries, affiliates, and each of their officers, directors, employees, successors, assigns, licensors, licensees, designees, business partners, contractors, agents and representatives (collectively, the "Released Parties") will not be responsible for, and you hereby expressly release the Released Parties from any and all liability for the action of any and all third parties with respect to Your Content, or for any damages you allege to incur as a result of or relating to any third-party content.

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You understand and agree that we may, but are not obligated to, monitor or review any Content which is Posted to the Platform. We may delete any Content, in whole or in part, which in our sole judgment violates this Agreement or which may harm the Platform in any way. Content may also be suspended if reported by Users.

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C. Conduct within Interactive Areas

By transmitting Your Content, you agree to follow the standards of conduct below, and any additional standards that may be stated on the Platform. We expect your cooperation in upholding our standards. You are responsible for all of Your Content. You agree that Your Content will not:

• be unlawful, harmful to adults or minors, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, profane, offensive, invasive of another's privacy, hateful, and/or racially, ethnically, and/or otherwise objectionable;

• have a commercial, political, or religious purpose;

• be false, misleading, and/or not written in good faith;

• infringe any patent, trademark, trade secret, copyright, right of privacy and/or publicity, and/or other proprietary rights of any person and/or entity;

• be illegal and/or promote illegal activity;

• contain confidential information belonging to a third party;

• contain unauthorized advertising and/or solicits users to a business other than those on the Platform; and/or

• be intended to interrupt, destroy, or limit the functionality or integrity of any computer software, hardware, or on the Platform or other websites.

We do our best to encourage civility and discourage disruptive communication on the Platform. We also do our best to discourage communications that incite others to violate our standards. Different Lenses may monitor any and all use of the Platform, including, without limitation, interactions between our users; however, we are under no obligation to do so. We may manage the Platform in a manner intended to protect our property and rights and to facilitate the proper functioning of the Platform. If any of Your Content or conduct on our Platform violates our standards, or any other terms of this Agreement; or interferes with other peoples' enjoyment of the Platform or Services; or is inappropriate in our judgment; we reserve the right, in our sole discretion and without notice to you, (i) to change, delete or remove, in part or in full, any of Your Content, (ii) to terminate or suspend access to any Interactive Areas or any other part of our Platform, and/or (iii) to terminate or suspend your Account; in each case, with or without notice. Different Lenses will cooperate with local, state, and/or federal authorities to the extent required by applicable law in connection with Your Content.

If you find other Users’ content objectionable or abusive, you may flag the content or block the particular user. We will respond within 24 hours with respect to any flagged content and may remove the content and eject the offending user.

 

D. Articles, Ratings and Reviews

The Platform and other Interactive Areas may allow you to rate (each, a “Rating”) and post reviews (each, a “Review”) of Professionals, or for Professionals to post various articles on topics (each, an “Article”). Such Articles, Ratings and Reviews are considered Your Content (or, from your perspective if you are a User viewing the Articles, Ratings and Reviews of other Users, the Content of such Users) and are governed by the terms and conditions of this Agreement. Articles, Ratings and Reviews are not endorsed by Different Lenses, and do not represent the views of Different Lenses or of any affiliate or partner of Different Lenses. Different Lenses does not assume liability for Articles, Ratings and Reviews or for any claims, liabilities, or losses resulting from any Articles, Ratings and Reviews. We strive to maintain a high level of integrity with our Articles, Ratings and Reviews and other aspects of Your Content. Therefore, all Articles, Ratings and Reviews must comply with the following criteria, in addition to and without limiting other requirements applicable to Your Content as set forth in these Terms: (1) before posting an Article, Rating or Review, you must have the requisite knowledge to write such content and in the case of Ratings or Reviews had recent first-hand experience with the Professional; (2) you may not have a proprietary or other affiliation with the subject of the Article, Rating or Review or any of its competitors; (3) you may not draw any legal conclusions regarding any subject; (4) Your Content must otherwise comply with the terms of this Agreement as well as all applicable laws, rules, and regulations, including without limitation the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (which may be found at http://www.ftc.gov/os/2009/10/091005revisedendorsementguides.pdf), including that Your Content must disclose any “material connection” you may have with Different Lenses or a Professional; and (5) you will not submit an Article, Rating or Review in exchange for payment or other benefits from any Professional or third party. Any Article, Rating and/or Review that we determine, in our sole discretion, could diminish the integrity of the Articles, Ratings and Reviews and/or the Platform may be removed or excluded by us without notice.

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9. Indemnity

By using the Platform or taking advantage of the Services, you warrant that you and, if applicable, the company or organization you represent, while interacting with Different Lenses through the Platform or otherwise, agree to defend, indemnify and hold harmless Different Lenses and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your improper use of and access to the Platform including any data or content transmitted or received by you; (ii) your violation of any terms applicable to your use of the Platform, including but not limited to the Terms of Use or the Privacy Policy, including without limitation your breach of any of the representations and warranties you make in these agreements; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) any foodborne illness or other issues relating to the preparation, packaging, delivery or consumption of food, due to your improper storage or handling of said food or any; (v) your violation of any applicable law, rule or regulation; or (vi) any claims against Different Lenses or its affiliates by a third-party involving your use of the Platform (whether as a Professional or otherwise).  

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10. Disclaimer of Warranties

THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS AVAILABLE THROUGH THE PLATFORM (WHETHER PROVIDED BY DIFFERENT LENSES, YOU, OTHER USERS OR OTHER AFFILIATES/THIRD PARTIES), INCLUDING WITHOUT LIMITATION, FOOD/BEVERAGE ORDERS, SUBMISSIONS, TEXT, PHOTOS, GRAPHICS, AUDIO FILES, VIDEO, AND LINKS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

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TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIFFERENT LENSES DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE PLATFORM AND SERVICES, AND ANY OFFERINGS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

AT NO TIME SHOULD YOU CONSIDER DIFFERENT LENSES, OR ANY OF THE ARTICLES OR OTHER CONTENT ON THE PLATFORM, AS OFFERING MEDICAL, LEGAL, FINANCIAL OR ANY OTHER ADVICE. TO THE EXTENT YOU ARE SEEKING SUCH ADVICE WE RECOMMEND YOU RETAINED LICENSED AND TRAINED PROFESSIONALS. NOTE FURTHER THAT DIFFERENT LENSES IS NOT AFFILIATED WITH ANY PROFESSIONALS ON THE PLATFORM, YOU SHALL ENGAGE WITH ALL PROFESSIONALS AT YOUR OWN DISCRETION AND WE EXPRESSLY DISCLAIM ANY LIABILITY WITH RESPECT TO SUCH RELATIONSHIPS.

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11. Limitation of Liability

DIFFERENT LENSES ALLOWS USERS TO CONNECT WITH ONE ANOTHER. YOU MAY INTERACT WITH OTHER USERES IN A VARIETY OF WAYS, INCLUDING BY PURCHASING GOODS OR SERVICES FROM OTHER USERS. DIFFERENT LENSES IS NOT A RESELLER OF GOODS OR SERVICES. DIFFERENT LENSES CANNOT GUARANTEE ANY ASPECTS OF YOUR INTERACTIONS WITH OTHER USERS, INCLUDING PROFESSIONALS FROM WHOM YOU PURCHASE SUCH GOODS OR SERVICES. DIFFERENT LENSES DOES NOT CONTROL PROFESSIONALS OR OTHER USERS AND WILL IN NO EVENT BE HELD LIABLE FOR THEIR ACTION OR INACTION. DIFFERENT LENSES DOES NOT VERIFY ANY USER’S COMPLIANCE WITH APPLICABLE LAWS OR REGULATION. 

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YOU UNDERSTAND THAT BY USING THE PLATFORM TO INTERACT WITH OTHER USERES YOU MAY BE EXPOSED TO SITUATIONS THAT ARE POTENTIALLY DANGEROUS OR HARMFUL, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE PLATFORM AT YOUR OWN RISK.

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WITH THE EXCEPTION OF ITS CONFIDENTIALITY OBLIGATIONS, IN NO EVENT SHALL THE DIFFERENT LENSES BE LIABLE TO YOU OR ANYONE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF DIFFERENT LENSES HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON OR THROUGH THE PLATFORM. DIFFERENT LENSES ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE PLATFORM. DIFFERENT LENSES ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE PLATFORM, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THIS SITE, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WITH THE EXCEPTION OF ITS CONFIDENTIALITY OBLIGATIONS, IN NO EVENT SHALL DIFFERENT LENSES’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT OR TORT, EXCEED (A) THE AMOUNT PAID BY YOU TO DIFFERENT LENSES, IF ANY IN THE PAST 12 MONTHS.

 

YOU AND DIFFERENT LENSES AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND DIFFERENT LENSES AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE FAIR AND REASONABLE.

YOU WARRANT THAT AS A REPRENSENTATIVE OF ANY COMPANY OR ORGANIZATION FOR WHICH YOU MAY BE PLACING ORDERS FOR, YOU HAVE THE AUTHORITY TO BIND THE COMPANY OR ORGANIZATION TO THEINDEMINIFCATION AGREEMENT AND THE ABOVE LIMITATIONS ON LIABILITY AND THAT YOU DO BIND TO THEM THROUGH YOUR USE OF THE PLATFORM.

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IF YOU ARE DISSATISFIED WITH THE SITE OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM.

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12. Your Account, Password, and Security

Certain features of the Platform require that you register and/or create an account with the Platform. To register and create an account, you must select an account designation and password and provide certain personal information to Different Lenses as set forth in our privacy policy, which is located at _Different Lenses LLC, 455 Market St Ste 1940 PMB 374128 San Francisco, California 94105-2448 US and incorporated herein by reference. In consideration of the use of the Platform, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Different Lenses has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Different Lenses has the right to refuse any and all current or future use of the Platform (or any portion thereof).

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You are responsible for maintaining the confidentiality and security of your account and password, and you are fully responsible for all activities that occur under your password or account, and for any other actions taken in connection with the account or password. You agree to (a) immediately notify Different Lenses of any known or suspected unauthorized use(s) of your password or account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. Different Lenses will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your account and/or password.

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13. Links

As a courtesy to you, Different Lenses may offer links to other websites. Some of these websites may be affiliated with Different Lenses, while others are not. You may also be provided links by other Users, including Professionals. Different Lenses is not responsible for the contents of any website pages created and maintained by organizations independent of Different Lenses. Visiting any such third-party website pages is done at your own risk. Different Lenses has no control of these third-party website pages, nor can it guarantee the accuracy, completeness, or timeliness of information in third-party website pages. Your use of such information is voluntary, and your reliance on such information should be made only after independent review. References to commercial products or services within any such third-party website pages do not constitute or imply an endorsement by Different Lenses. By using the Platform you acknowledge that Different Lenses is responsible neither for the availability of, nor the content located on or through any third-party website pages.

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14. Trademarks

Marks, logos, and names of Different Lenses used on or in connection with the Platform or any other service or product by the Platform may not be used in connection with any product or service that is not under Different Lenses’s ownership or control. Furthermore, such trademarks may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits the Platform or Different Lenses. All other trademarks not owned by Different Lenses (or its affiliates) that appear on the Platform are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Different Lenses or its affiliates.

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15. INTELLECTUAL PROPERTY POLICY & DMCA NOTICES

We are committed to respecting the intellectual property rights of others. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on or through Different Lenses infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on Different Lenses; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has 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 (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov/ for details. DMCA notices and counter-notices regarding – the Platform should be sent to:

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Different Lenses, LLC

455 Market St Ste 1940 PMB 374128

San Francisco, California 94105-2448  
United States

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16. Consideration

Each of the parties acknowledges that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Platform and receipt or use of data, content, products and/or services through the Platform.

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17. Jurisdiction, Applicable Law, and Limitations

Each of the parties agrees that these Terms of Use will be governed by and construed in accordance with the laws of the United States of America and the State of California, without regard to its conflicts of law provisions. Use of the Platform is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use. The Platform may not be downloaded outside of the United States. Each of the parties agrees that all legal proceedings arising out of or in connection with these Terms of Use, or services available on or through the Platform must be filed in a federal or state court located in Alameda County, California. Each of the parties expressly submits to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.

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18.Dispute Resolution 

PLEASE READ THIS “DISPUTE RESOLUTION” SECTION CAREFULLY. IT LIMITS THE WAYS YOU CAN SEEK RELIEF FROM DIFFERENT LENSES AND REQUIRES YOU TO ARBITRATE DISPUTES ON AN INDIVIDUAL BASIS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS MORE CIRCUMSCRIBED DISCOVERY AND APPELLATE REVIEW THAN THERE IS IN COURT.

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A. Informal Dispute Resolution Procedure.

There might be instances when a Dispute (as defined below) arises between you and Different Lenses. In those instances, Different Lenses is committed to working with you to reach a reasonable resolution; however, we can only do this if we know about and understand each other’s concerns. Therefore, for any Dispute that arises between you and Different Lenses, both parties acknowledge and agree that they will first make a good faith effort to resolve it informally before initiating any formal dispute resolution proceeding in arbitration or otherwise. This includes first sending a written description of the Dispute to the other party. For any Dispute you initiate, you agree to send the written description of the Dispute along with the email address associated with your account to the following email address: hi@dlathletementalhealth.com. Your written description must be on an individual basis and also provide at least the following information: your name; a detailed description of the nature and basis of the Dispute, including any transaction details; and the specific relief sought and how it was calculated. Your written description must be personally signed by you. For any Dispute that Different Lenses raises, we will send our written description of the Dispute to the email address associated with your account.

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You and Different Lenses then agree to negotiate in good faith about the Dispute. This might include an informal telephonic dispute resolution conference between you and Different Lenses if such a conference is requested by Different Lenses. If such an informal telephonic dispute resolution conference takes place, it shall be individualized such that a separate conference must be held each time either party intends to commence individual arbitration; multiple individuals initiating claims cannot participate in the same informal telephonic dispute resolution conference. If either party is represented by counsel, that party's counsel may participate in the informal telephonic dispute resolution conference, but the party also must appear at and participate in the conference. This should lead to resolution, but if for some reason the Dispute is not resolved satisfactorily within sixty (60) days after receipt of the complete written description of the Dispute, you and Different Lenses agree to the further dispute resolution provisions below.

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To reiterate, this informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding. The parties agree that any relevant limitations period and filing fee or other deadlines will be tolled while the parties engage in this informal dispute resolution process. A court shall have the authority to enjoin the filing or prosecution of arbitrations based on a failure to comply with this Informal Dispute Resolution Procedure. A party may raise non-compliance with this Informal Dispute Resolution Procedure in court and/or in connection with the arbitration.

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B. Mutual Arbitration Agreement.

You and Different Lenses agree that all claims, disputes, or disagreements that may arise out of the interpretation or performance of this Agreement or payments by or to Different Lenses, or that in any way relate to your use of the Platform, the Services, and/or other content on the Platform, your relationship with Different Lenses, or any other dispute with Different Lenses, (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) (each, a “Dispute”) shall be submitted exclusively to binding arbitration. Dispute shall have the broadest possible meaning. This includes claims that arose, were asserted, or involve facts occurring before the existence of this or any prior Agreement as well as claims that may arise after the termination of this Agreement. This Mutual Arbitration Agreement is intended to be broadly interpreted.

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Notwithstanding the foregoing, issues related to the scope, validity, and enforceability of this Arbitration Agreement are for a court to decide. Also, each party retains the right to (1) elect (at any time prior to the appointment of an arbitrator) to have any claims heard in small claims court on an individual basis for disputes and actions within the scope of such court’s jurisdiction, provided the proceeding remains in small claims court and is not removed or appealed to a court of general jurisdiction, and (2) seek 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 confidential or proprietary information or intellectual property rights. For clarity, this “Dispute Resolution” section does not alter, amend, or affect any of the rights or obligations of the parties to any other written agreement between you and Different Lenses.

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ARBITRATION MEANS THAT AN ARBITRATOR AND NOT A JUDGE OR JURY WILL DECIDE THE DISPUTE. RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY BE LIMITED IN ARBITRATION. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU AND DIFFERENT LENSES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

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C. Class Action and Collective Relief Waiver.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, EXCEPT AS SET OUT IN SECTION VII BELOW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED OR LITIGATED ON A CLASS, JOINT, COLLECTIVE OR CONSOLIDATED BASIS OR IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC, OR AS A PRIVATE ATTORNEY GENERAL OR FOR PUBLIC INJUNCTIVE RELIEF. UNLESS BOTH YOU AND DIFFERENT LENSES OTHERWISE AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS (EXCEPT AS SET OUT IN SECTION 21G BELOW), AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS, JOINT, COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING ANY DECLARATORY OR INJUNCTIVE RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY TO THE PROCEEDING.

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THIS CLASS ACTION AND COLLECTIVE RELIEF WAIVER IS AN ESSENTIAL PART OF THIS “DISPUTE RESOLUTION” SECTION, AND IF IT IS DEEMED INVALID OR UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM OR DISPUTE, NEITHER YOU NOR DIFFERENT LENSES IS ENTITLED TO ARBITRATION OF SUCH CLAIM OR DISPUTE. NOTWITHSTANDING THE FOREGOING, IF A COURT DETERMINES THAT THE CLASS ACTION AND COLLECTIVE RELIEF WAIVER IS NOT ENFORCEABLE AS TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF OR A REQUEST FOR PUBLIC INJUNCTIVE RELIEF AND ALL APPEALS FROM THAT DECISION HAVE BEEN EXHAUSTED (OR THE DECISION IS OTHERWISE FINAL), THEN THE PARTIES AGREE THAT THAT PARTICULAR CLAIM OR REQUEST FOR RELIEF MAY PROCEED IN COURT BUT SHALL BE STAYED PENDING ARBITRATION OF THE REMAINING CLAIMS AND REQUESTS FOR RELIEF.

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D. Arbitration Rules.

The arbitration will be administered by the American Arbitration Association ("AAA"). Except as modified by this “Dispute Resolution” section, the AAA will administer the arbitration in accordance with either (A) the Commercial Arbitration Rules then in effect, or (B) the Consumer Arbitration Rules then in effect if the matter involves a “consumer” agreement as defined by Consumer Arbitration Rule R-1 (together, the "Applicable AAA Rules"). The Applicable AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879. If AAA is unavailable or unwilling to administer an arbitration consistent with this “Dispute Resolution” section as written, the parties will select an alternative arbitration provider that will administer the arbitration consistent with this “Dispute Resolution” section as written. If the parties cannot agree on an alternative arbitration provider, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration provider that will administer an arbitration consistent with this “Dispute Resolution” section as written.

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E. Arbitration Process.

If after sixty (60) days the Informal Dispute Resolution Procedure above is unsuccessful in resolving the parties’ dispute, a party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the Applicable AAA Rules. (The AAA provides applicable forms for Demands for Arbitration available at https://www.adr.org/sites/default/files/Demand_for_Arbitration_0.pdf (Commercial Arbitration Rules) and https://www.adr.org/sites/default/files/Consumer_Demand_for_Arbitration_Form_1.pdf (Consumer Arbitration Rules), and a separate affidavit for waiver of fees for California residents only is available at https://adr.org/sites/default/files/Waiver_of_Fees_CA_Only.pdf.) If you initiate arbitration, you shall certify that you have complied with the Informal Dispute Resolution Procedure above and personally sign your Demand for Arbitration. The arbitration will be conducted by a single arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state or county in which you reside. The parties will first attempt to agree on an arbitrator. If the parties are unable to agree upon an arbitrator within twenty-one (21) days of receiving the AAA’s list of eligible neutrals, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

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F. Arbitration Location and Procedure.

Unless you and Different Lenses otherwise agree, the arbitration will be conducted in the county where you reside. If the amount in controversy does not exceed $10,000 and you do not seek injunctive or declaratory relief, then the arbitration will be conducted solely on the basis of documents you and Different Lenses submit to the arbitrator, unless a party requests a hearing and the arbitrator determines that a hearing is necessary. If the amount in controversy exceeds $10,000 or seeks declaratory or injunctive relief, the right to a hearing will be determined by the Applicable AAA Rules. Subject to the Applicable AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. Unless otherwise prohibited by law or agreed by the parties, all arbitration proceedings and all related records will be confidential and closed to the public and any parties other than you and Different Lenses, except as necessary to obtain court confirmation of the arbitration award.

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G. Batch Arbitration.

To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar arbitration demands presented by or with the assistance or coordination of the same law firm or organization are submitted to AAA or another arbitration provider (if AAA is unavailable) against Different Lenses, the arbitration provider shall (i) administer the arbitration demands in batches of 100 demands per batch (to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands); (ii) designate a single, different arbitrator for each batch (unless the parties agree otherwise); and (iii) provide for a single filing set of fees (for example, if AAA is the arbitration provider, one filing fee, case management fee, and arbitrator compensation fee) due per side per batch. You agree to cooperate in good faith with Different Lenses and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of single filing and administrative fees for batches of claims. This “Batch Arbitrations” provision shall in no way be interpreted as authorizing class arbitration of any kind. Different Lenses expressly reserves its right to raise unique defenses as to each claimant in connection with this process.

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E. Arbitrator's Decision.

The arbitrator will render an award within the time frame specified in the applicable AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum’s rules, and this Agreement. The arbitrator's award of damages and/or other relief must be consistent with section III above and also must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages or other relief for which a party may be held liable. The arbitrator’s award shall be binding only between the parties to the arbitration proceeding and shall have no preclusive effect in any other arbitration or other proceeding involving a different party.

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Attorneys’ fees will be available to the prevailing party in the arbitration only if authorized under applicable substantive law governing the claims in the arbitration. The arbitrator shall apply the provisions of Federal Rule of Civil Procedure 68 after the arbitration award is entered. If the arbitrator finds that either the substance of a claim or the relief sought in a Demand for Arbitration was frivolous or was brought for harassment or an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), the arbitrator may award attorneys’ fees, costs and expenses in favor of a party.

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F. Fees.

Your responsibility to pay any AAA filing, administrative, and/or arbitrator fees will be solely as set forth in the applicable AAA Rules (as modified by section VII above). If, however, you are able to demonstrate that the costs of arbitration will be prohibitive for you as compared to the costs of litigation, Different Lenses will reimburse as much of the filing, administration, and/or arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive to you.

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G. Right to Opt-Out of Arbitration.

Different Lenses’s updates to this Agreement do not provide you with a new opportunity to opt out of the Mutual Arbitration Agreement if you previously agreed to an Agreement and did not validly opt out of arbitration. Different Lenses will continue to honor any valid opt outs if you opted out of the Arbitration Agreement in a prior version of the Agreement. You may opt out of this Mutual Arbitration Agreement. To opt out, you must notify Different Lenses in writing no later than 30 days after first becoming subject to this Mutual Arbitration Agreement. Your notice must include your name and address, the email address you currently use to access your Different Lenses Account (if you have one), and a clear statement that you want to opt out of this Mutual Arbitration Agreement. You must send your opt-out notice to: hi@dlathletementalhealth.com. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may have entered into with Different Lenses or may enter into in the future with Different Lenses.

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XI. Changes.

Different Lenses reserves the right to change this "Dispute Resolution" section. If Different Lenses changes this "Dispute Resolution" section after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you agree that your continued use of the Platform or Services after such change will be deemed acceptance of those changes. If you do not agree to such change, you may reject any such change by providing Different Lenses written notice of such rejection by mail or hand delivery to: Different Lenses, Attn: Dispute Resolutions, 95 Third Street, 2nd Floor, San Francisco, CA 94103, or by email from the email address associated with your account to: hi@dlathletementalhealth.com, within 30 days of the date such change became effective, as indicated in the "Effective" date above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this "Dispute Resolution" section. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Different Lenses in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement, as applicable).

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19. Enforceability

If any portion of these Terms of Use is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms of Use shall continue to be enforceable and valid according to terms contained herein.

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20. Entire Agreement

With the exception of the Privacy Policy and any other terms you explicitly agree to during your use of the Platform, these Terms of Use constitute the entire agreement between you and Different Lenses, superseding all prior agreements regarding the Platform.

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21. No Waiver

The failure of either party to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of said right or provision. Neither party hereto shall be deemed to be in default of any provision of the Terms of Use or for failure in performance resulting from acts or events beyond the reasonable control of such party and arising without its fault or negligence, including, but not be limited to, acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, acts of war or terrorists, strikes, fires, floods or other catastrophes.

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22. Headings & Construction

The section titles in the Terms of Use are for your convenience only and carry no contractual or legal effect whatsoever. The language in these Terms of Use shall be interpreted in accordance with its fair meaning and shall not be strictly interpreted for or against either party.

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23. Comments & Feedback

In compliance with your rights under California Civil Code 1789.3, you have the right to contact Different Lenses with any complaints or to seek additional information. You may email Different Lenses at hi@dlathletementalhealth.com. You may also call 916-365-2208. For any physical documents, you may send mail to

Different Lenses LLC
455 Market St Ste 1940 PMB 374128

San Francisco, California 94105-2448
United States

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If California users have any questions or complaints about the Platform, they may also contact The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs through writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.