Terms of Service

1. Purpose and Educational Nature of Services

MCF equips educators, students, families, and school communities with science-based educational tools and programs that support mental health and behavior, attendance and engagement, and autism and special needs.

Our Services may include professional development, educational workshops, coaching, student activities, family programming, digital platforms, videos, curriculum, toolkits, and other instructional resources.

These Services are intended to support education, professional learning, personal awareness, and the development of practical skills within school communities.

Our Services are educational in nature and are not a substitute for professional medical, psychological, psychiatric, or therapeutic care.

2. Mental Health and Safety Disclaimer

MCF's practices and materials are provided for educational purposes only. They are not intended as mental health services or for situations involving risk of harm to yourself or others.

Although our programs may reference neurological, physiological, psychological, and behavioral research, MCF does not, through these Services, provide counseling, diagnosis, psychotherapy, psychiatric treatment, medical treatment, crisis intervention, or other licensed clinical services.

Participation in MCF programs does not establish a therapist-client, physician-patient, or other clinical treatment relationship.

Any personal reflections, discussions, exercises, or check-ins included in our programs are intended solely for educational learning, self-awareness, and relationship-building.

Participants should not use MCF materials to diagnose, treat, or independently manage mental health conditions or behavioral emergencies.

Individuals who need clinical or therapeutic assistance should seek support from qualified, licensed professionals or appropriate school- or district-approved services.

In emergencies or situations involving immediate danger, contact local emergency services or appropriate emergency personnel. MCF programs, trainers, and digital tools are not emergency-response services.

MCF's educational resources are intended to complement, not replace, the professional judgment, established procedures, and legally required responsibilities of educators, school personnel, healthcare providers, and other qualified professionals.

3. Eligibility and Authorized Use

Our Services are intended for educators, school personnel, administrators, parents, caregivers, authorized students, and other individuals participating in MCF programs.

Users must have the legal authority or appropriate permission to access and use the applicable Services.

Individuals under 18 should access or participate in Services under appropriate parental, guardian, school, or district authorization and supervision, as applicable.

Children under 13 may participate in school-based educational activities only through arrangements that comply with applicable laws and required school or parental authorizations.

MCF may restrict or terminate access when a user is not authorized to participate or violates these Terms.

4. Use of Educational Materials

MCF provides educational materials and resources for authorized use within participating schools, districts, organizations, and programs.

Unless otherwise expressly authorized in writing, participants may use MCF materials only for the educational purposes and within the organizational scope for which access was granted.

Users may not:

• Reproduce, republish, sell, sublicense, or commercially distribute MCF materials without written authorization.
• Share restricted digital resources, login credentials, videos, or curriculum with unauthorized individuals or organizations.
• Conduct independent trainings, workshops, certification programs, or commercial activities using MCF materials without written permission.
• Modify, rebrand, or represent MCF materials as their own original work.
• Record, reproduce, or distribute restricted training sessions, presentations, or participant discussions without authorization.
• Remove copyright notices, trademarks, ownership statements, or other proprietary information.
• Use MCF materials in a manner that is unlawful, misleading, harmful, or inconsistent with their educational purpose.

Authorized educators may incorporate MCF practices into their professional work within the scope of their school's or district's applicable license or agreement.

Any additional rights must be expressly granted by MCF in writing.

5. Intellectual Property and Ownership

All MCF-created content, including educational frameworks, curricula, videos, presentations, instructional materials, activities, practices, digital resources, software, designs, logos, trademarks, and other proprietary materials, is owned by MCF or used under appropriate licenses.

These materials are protected by applicable intellectual property laws.

Access to or participation in MCF Services does not transfer ownership or grant any intellectual property rights beyond the limited permissions expressly provided.

Participation does not confer authorship, certification, professional credentials, teaching or trainer authorization, endorsement, or affiliation beyond that expressly authorized by MCF.

MCF reserves all rights not expressly granted.

Third-party materials remain the property of their respective owners.

6. Participant Conduct and Confidentiality

MCF strives to create respectful, supportive, and inclusive educational environments.

Participants are expected to treat others with dignity, respect reasonable program guidelines, and maintain appropriate professional boundaries.

Personal stories, reflections, or sensitive information shared by other participants during training should be treated as confidential and should not be disclosed outside the group without appropriate permission.

However, confidentiality cannot be guaranteed in group settings, and nothing in these Terms prevents disclosures required by law, mandatory reporting obligations, school safety procedures, or appropriate protective action.

Participants should avoid sharing unnecessary sensitive personal, medical, or student-identifying information during educational activities.

Recording, photographing, livestreaming, or otherwise capturing restricted training sessions, slides, discussions, or participant materials is prohibited without prior authorization from MCF and any other required consent.

MCF may remove participants from a session or restrict access when necessary to maintain a safe, respectful, and appropriate learning environment.

7. Professional Responsibility and Implementation

MCF provides educational tools intended to support educators, students, families, and school communities.

Participating schools, districts, organizations, and individual professionals remain responsible for determining how these resources are appropriately incorporated into their own educational settings.

Users are responsible for complying with applicable laws, district policies, professional standards, student-safety requirements, and established procedures.

MCF materials should not be interpreted as requiring participants to disregard existing professional responsibilities, individualized student plans, legally mandated accommodations, or appropriate clinical guidance.

MCF is not responsible for independent modifications, interpretations, or applications of its materials that are outside its control, except to the extent responsibility cannot legally be excluded.

8. Privacy and Protection of Information

MCF respects the privacy of educators, students, families, donors, and other individuals who interact with our Services.

Our collection, use, storage, and disclosure of personal information are described in our Privacy Policy, available through MCFEducation.org.

Depending on the Service, MCF may collect information needed to administer programs, manage access, respond to inquiries, process donations, evaluate educational activities, or improve Services.

MCF does not sell personal information.

We may work with trusted service providers who assist with website operations, digital platforms, program delivery, payment processing, or other authorized activities, subject to applicable privacy and security requirements.

Users are responsible for providing accurate information and protecting their account credentials.

Where student information is involved, MCF and participating educational institutions will address applicable privacy requirements, including the Family Educational Rights and Privacy Act (FERPA), the Children's Online Privacy Protection Act (COPPA), and other relevant laws, to the extent applicable.

Specific school or district agreements may establish additional requirements concerning student data, authorized access, confidentiality, security, retention, and deletion.

Users should not submit confidential student records, medical information, or other sensitive personal data through general website forms or program tools unless the applicable Service expressly authorizes that collection.

9. Digital Platforms and Account Access

Certain MCF Services may require registration, login credentials, subscriptions, or authorization through a participating school or district.

Users agree to maintain the confidentiality of their credentials and promptly notify MCF of suspected unauthorized access.

Access to subscription-based tools, videos, applications, and other restricted resources is limited to the applicable license period and authorized users.

MCF may update, maintain, improve, or temporarily suspend digital Services for operational, technical, or security reasons.

While MCF works to maintain reliable access, uninterrupted or error-free availability is not guaranteed.

Users may not attempt to bypass access restrictions, interfere with platform security, or access systems or information without authorization.

10. Program Agreements, Fees, and Subscriptions

Certain MCF programs, digital products, and services may be subject to separate proposals, purchase orders, licensing agreements, statements of work, or other written agreements.

Fees, payment schedules, subscription periods, renewal terms, cancellation rights, and other commercial conditions will be governed by the applicable agreement or disclosed terms.

Unless expressly stated otherwise, access to licensed materials ends when the applicable license or subscription expires or is terminated.

In the event of a conflict between these Terms and a separately executed agreement with a school, district, or organization, the separately executed agreement will control with respect to the conflicting provisions.

11. Research, Educational Information, and Outcomes

MCF draws upon research, established educational practices, and professional experience to develop its programs and resources.

However, research findings, examples, testimonials, and program results are provided for informational purposes and should not be interpreted as guarantees of individual or organizational outcomes.

Results may vary depending on participant needs, implementation, school environment, available resources, and other factors.

MCF does not guarantee specific improvements in mental wellness, behavior, attendance, academic performance, student engagement, or other educational or personal outcomes.

MCF may update its materials as research, educational practices, and program offerings evolve.

12. Voluntary Participation

Participation in MCF educational activities is generally voluntary, subject to applicable school, district, employer, or program requirements.

Participants are encouraged to engage in ways that are appropriate to their professional responsibilities, personal comfort, and circumstances.

Participants may decline to share personal experiences or take part in optional reflective activities.

Participants may discontinue optional activities, although access to certain programs or services may remain subject to applicable organizational agreements.

MCF encourages participants to exercise personal judgment and seek appropriate professional guidance whenever necessary.

13. Third-Party Services and External Links

Our website and digital resources may include links to third-party websites, services, platforms, or educational materials.

These third parties operate under their own terms, policies, and practices.

MCF does not control and is not responsible for third-party content, availability, security, or privacy practices, except as otherwise required by applicable law or agreement.

References to third-party resources do not necessarily constitute endorsement.

14. Disclaimer of Warranties

To the fullest extent permitted by applicable law, MCF provides its website, educational materials, digital tools, and other Services on an "as is" and "as available" basis.

MCF makes no warranties, express or implied, regarding the completeness, accuracy, reliability, suitability, uninterrupted availability, or results of its Services, except for warranties expressly provided in a separate written agreement or required by law.

MCF does not warrant that its educational resources will meet every participant's needs or produce any particular outcome.

Nothing in these Terms excludes warranties or rights that cannot legally be excluded.

15. Limitation of Liability

To the fullest extent permitted by applicable law, Mindful Communities Fund and its directors, officers, employees, trainers, contractors, volunteers, representatives, and affiliates shall not be liable for indirect, incidental, consequential, special, or punitive damages arising from or related to the use of, inability to use, or participation in MCF Services.

This includes, to the extent legally permissible, claims relating to emotional distress, loss of data, business interruption, or the independent interpretation or implementation of educational materials.

MCF is not responsible for actions taken by participants, schools, districts, or other third parties outside MCF's reasonable control.

Nothing in these Terms limits or excludes liability that cannot lawfully be limited or excluded, including liability for conduct for which such restrictions are prohibited by applicable law.

Any additional limitations applicable to paid services or organizational agreements may be specified in the relevant written contract.

16. Indemnification

To the extent permitted by applicable law, users acting in a professional or organizational capacity agree to indemnify and hold harmless MCF and its directors, officers, employees, trainers, contractors, and representatives against third-party claims, losses, liabilities, damages, and reasonable expenses arising from:

• Their unauthorized use, reproduction, or distribution of MCF materials.
• Their material violation of these Terms.
• Their unlawful conduct or infringement of another party's rights.
• Their independent modification or misuse of MCF materials outside the authorized scope of the Services.

This provision does not require indemnification for claims caused by MCF's own negligence, misconduct, or other conduct for which indemnification is prohibited by law.

Any indemnification obligations of school districts, governmental entities, or other organizations are subject to applicable law and the terms of their separate written agreements.

17. Suspension and Termination of Access

MCF reserves the right to suspend or terminate access to its Services when reasonably necessary to address violations of these Terms, unauthorized use, security concerns, legal requirements, or the expiration or termination of an applicable agreement.

Upon termination, users must discontinue unauthorized access to or use of restricted materials.

Provisions concerning intellectual property, confidentiality, disclaimers, liability, and other obligations that by their nature should survive termination will remain effective to the extent permitted by law.

18. Changes to Services and Terms

MCF may revise these Terms to reflect changes in our Services, operational practices, legal requirements, or organizational policies.

Updated Terms will be posted on our website with a revised effective date.

Where required by law or appropriate to a material change, MCF will provide additional notice or request renewed consent.

Continued use of the Services after updated Terms take effect constitutes acceptance only to the extent permitted by applicable law.

19. Governing Law and Disputes

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles, except where applicable law requires otherwise.

Any disputes arising from these Terms shall be addressed in an appropriate court of competent jurisdiction, subject to applicable law and any controlling written agreement.

Before initiating formal proceedings, parties are encouraged, where appropriate, to contact MCF and make a good-faith effort to resolve concerns informally.

Nothing in these Terms limits rights or remedies that cannot be waived under applicable law.

20. General Provisions

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will continue in effect to the extent permitted by law.

MCF's failure to enforce a provision does not constitute a waiver of its right to enforce that provision in the future.

These Terms, together with applicable written program agreements and referenced policies, establish the conditions governing use of MCF Services.

Nothing in these Terms creates an employment, partnership, agency, or clinical relationship between MCF and an individual user.

21. Contact Information

For questions about these Terms, authorized use of materials, privacy, or MCF Services, please contact:

Mindful Communities Fund (MCF Education)