ACCEPTANCE OF TERMS
The Services are offered and made available to users who are eighteen (18) years of age or older. BY ACCESSING OR USING THE SERVICES, (1) YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, AND (2) YOU REPRESENT AND WARRANT THAT YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER. THIS AGREEMENT CONTAINS AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER.
We reserve the right to modify, alter or update this Agreement at any time in our sole discretion by posting any such modified, altered or updated version of this Agreement on the Services. All such modifications, alterations and updates will become effective immediately upon posting. We encourage you to check this page each time you visit the Services. Except as otherwise expressly stated by us, any use of the Services is subject to the version of this Agreement in effect at the time of use. Your continued use of the Services after any modifications, alterations or updates are made constitutes your acknowledgment of such changes. When using the Services, you agree that you are subject to any additional posted guidelines, rules, terms and conditions applicable to the Services, which are hereby incorporated by reference into this Agreement.
We reserve the right to modify, suspend, or discontinue the Services, at any time and from time to time, temporarily or permanently, in whole or in part, with or without notice. You agree that neither we nor any of our affiliates shall be liable to you or to any third party for any modification, suspension or discontinuance of the Services, in whole or in part, or of any content, feature or product offered through the Services. Your continued use of the Services after such changes will indicate your acceptance of such changes.
DISCLAIMER: THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE
IMPORTANT NOTE REGARDING HEALTH-RELATED INFORMATION: YOUR USE OF THE SERVICES AND ANY INFORMATION PROVIDED ON OR IN CONNECTION WITH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES MAY INCLUDE CERTAIN INFORMATION REGARDING HEALTH-RELATED ISSUES. SUCH INFORMATION (A) IS NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT, (B) SHOULD NOT BE CONSTRUED AS THE PROVISION OF ADVICE OR RECOMMENDATIONS, AND (C) SHOULD NOT BE RELIED UPON AS THE BASIS FOR ANY DECISION OR ACTION, INCLUDING WITHOUT LIMITATION THE DIAGNOSIS OR TREATMENT OF ANY HEALTH PROBLEM. THE ORGANIZATION IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY SUCH INFORMATION. SUCH INFORMATION IS NOT EXHAUSTIVE AND SHOULD NOT BE CONSIDERED COMPLETE OR UP-TO-DATE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION AVAILABLE THROUGH THE SERVICES. THE RELATIONSHIP BETWEEN YOU AND THE ORGANIZATION IS NOT A PHYSICIAN-PATIENT OR SIMILAR RELATIONSHIP; ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION, AND NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ OR HEARD ON THE SERVICES.
IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. THE ORGANIZATION DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE SERVICES. RELIANCE ON ANY INFORMATION PROVIDED BY THE ORGANIZATION, THE ORGANIZATION’S EMPLOYEES, INDIVIDUALS PROVIDING INFORMATION IN CONNECTION WITH THE SERVICES AT THE INVITATION OF THE ORGANIZATION, OTHER VISITORS OR USERS OF THE SERVICES AND/OR ANY OTHER THIRD PARTY IS SOLELY AT YOUR OWN RISK.
RULES OF CONDUCT
While using the Services you will comply with all applicable laws, rules and regulations. In addition, we expect users of the Services to respect the rights and dignity of others. Your use of the Services is conditioned on your compliance with the rules of conduct set forth in this section; any failure to comply may also result in termination of your access to the Services.
Additionally, you acknowledge and agree that you (and not the Organization) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment and services needed to access and use the Services, and paying all charges related thereto.
You agree that you will not:
- Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- Post, transmit, or otherwise make available, through or in connection with the Services:
- Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities.
- Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
- Any unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation.
- Any material, non-public information about a company without the proper authorization to do so.
- Use the Services for any fraudulent or unlawful purpose.
- Use the Services to defame abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Services.
- Impersonate any person or entity, including without limitation any representative of the Organization; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Services; or express or imply that we endorse any statement or posting you make.
- Interfere with or disrupt the operation of the Services or the servers or networks used to make the Services available; or violate any requirements, procedures, policies or regulations of such networks.
- Restrict or inhibit any other person from using the Services (including without limitation by hacking or defacing any portion of the Services).
- Use the Services to advertise or offer to sell or buy any goods or services without the Organization’s express prior written consent.
- Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Services.
- Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Services.
- Remove any copyright, trademark or other proprietary rights notice from the Services or materials originating from the Services.
- Create a database by systematically downloading and storing any or all content of the Services.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather Services content or reproduce or circumvent the navigational structure or presentation of the Services without the Organization’s express prior written consent.
You may be required to register with the Organization in order to access the Services or areas of the Services. Your user name and password are for your personal use only, and not for use by any other person. You are responsible for maintaining the confidentiality of any password you may use to access the Services. You are fully responsible for all interaction with the Services that occurs in connection with your password or user name. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
USER GENERATED CONTENT
We may provide you with the ability to upload, post, send, submit or otherwise transmit certain photographs, pictures, images or any other materials or content including, without limitation, graphics, video, data, text, files, links, software, music, sound (“Content”). Further, we and/or our service providers may make available through the Services (for example, message boards, forums, blogs, social networking services, chat functionality, messaging functionality and comment functionality on the Services, among other services) to which you are able to post, publish, send and/or share Content (each, a “Forum”).
By submitting your Content, you grant the Organization and their service providers an irrevocable, perpetual, unlimited, worldwide, non-exclusive, royalty-free, fully paid-up license to reproduce, distribute, display, use, copy, license, sublicense, adapt, publicly perform, transmit, modify, edit, and otherwise exploit the Content and all elements of the Content (including, but not limited to, your name, city and state of residence, image, voice, and/or likeness), in all media now known or hereafter developed (including, without limitation, on our websites and social media channels), without compensation or notification to you, or permission from you, for any purpose whatsoever (including, without limitation, for public relations purposes). You waive the right to inspect or approve the finished product wherein your Content appears. You understand that any Content submitted will become the property of the Organization and will not be returned.
You also represent and warrant that you own or otherwise control all the rights to your Content, and that the Content, and your provision thereof to and through the Services, comply with all applicable laws, rules and regulations. No individual other than you should be recognizable in the Content. In addition to complying with the Rules of Conduct above, you agree not to engage in or assist or encourage others to engage in uploading Content that: (a) is unlawful, offensive, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, inappropriate, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, fraudulent, inaccurate, or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any intellectual property or other proprietary rights of any party.
Under no circumstances will we be liable in any way for any Content, including without limitation, for any errors or omissions in any Content, or for any loss or damage of any kind incurred by you as a result of the use of any Content. You hereby waive all rights to any claims against us for any alleged or actual infringement of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with the Content under any applicable law under any legal theory.
In addition, the Organization has no control over, and shall have no liability for, any damages resulting from the use (including without limitation republication) or misuse by any third party of information voluntarily made public through a Forum or any other part of the Services. IF YOU CHOOSE TO MAKE ANY INFORMATION THAT PERSONALLY IDENTIFIES YOU OR OTHER INFORMATION PUBLICLY AVAILABLE ON THE SERVICES BY SUBMITTING THE CONTENT, IN A PROFILE OR A FORUM OR OTHERWISE ON THE SERVICES, YOU DO SO AT YOUR OWN RISK.
You acknowledge and agree that we reserve the right (but have no obligation) in our sole discretion to do any or all of the following: (i) monitor Content; (ii) alter, change, condense, or delete, remove, use or refuse to use, post or allow to be posted, any Content; and/or (iii) disclose any Content, and the circumstances surrounding their transmission, to any third party in order to operate the Services; to protect the Organization, its affiliates and each of its and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers, and users and visitors of the Services; to comply with legal obligations or governmental requests; to enforce this Agreement; or for any other reason or purpose.
INTELLECTUAL PROPERTY RIGHTS
The Services, and all of its contents, including without limitation, text, photographs, images, illustrations, graphics, video material, audio material, software, logos, titles, characters, names, graphics and button icons, (collectively “Proprietary Material”), are or may be protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Proprietary Material is owned or controlled by us or by other parties that have provided rights thereto to us.
You may not, and agree that you will not, use, publish, reproduce, display, distribute, or modify the Proprietary Material or any portion thereof, for any purpose or by any means, method, or process. Modification of the materials appearing on the Services or use of such materials for any other purpose is a violation of our copyright and other proprietary rights.
The Phoenix Mental Health Services name, the Phoenix Mental Health Services logo and all related names, logos, product and service names, designs and slogans are trademarks of Phoenix Mental Health Services or its licensors. You must not use such marks without the prior written permission of the Organization. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.
CLAIMS REGARDING COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to firstname.lastname@example.org. ALL INQUIRIES NOT RELEVANT TO THIS PROVISION WILL NOT RECEIVE A RESPONSE.
Our designated agent to receive notifications of claimed infringement is reachable at email@example.com. Upon receipt of notices complying or substantially complying with the Digital Millennium Copyright Act (“DMCA”), we will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will take reasonable steps to promptly notify the user that we have removed or disabled access to such material.
THIRD PARTY WEBSITES AND LINKS
The Services may contain links to third party websites or online resources that are not owned, operated or controlled by us. All such links are provided solely as a convenience to you. We do not control, recommend or endorse and are not responsible for these websites or their content, products, services or privacy policies or practices. In no event shall we be liable, directly or indirectly, to you or any other person or entity for any loss or damage arising from or occasioned by the creation or use of the third party websites or the information or material accessed through these third party websites. If you decide to access any other website linked to or from the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such third party websites.
VISITORS TO THE SITE OR SERVICES AGREE THAT THEIR USE OF, AND RELIANCE ON ANY ADVICE, CONTENT OR INFORMATION OBTAINED FROM OR THROUGH, THE SITE OR SERVICES IS AT THEIR OWN SOLE RISK. THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THE ORGANIZATION EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (I) ANY WARRANTIES CONCERNING THE ACCURACY, TIMELINESS, OR COMPLETENESS OF THE CONTENT OF THE SITE OR SERVICES; AND (II) ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT REPRESENT, WARRANT OR GUARANTEE: (1) THAT THE SERVICES, ANY PORTION OF THE SITE OR SERVICES, OR E-MAILS SENT FROM OR ON BEHALF OF THE ORGANIZATION ARE OR WILL BE FREE OF INFECTION BY VIRUSES, SCRIPTS, WORMS, TROJAN HORSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
By using the Services, you agree to defend, indemnify, and hold the Organization and its affiliates and their respective officers, directors, employees, contractors and suppliers harmless from any and all claims, demands, liabilities, damages, losses, costs, and expenses (including without limitation, attorneys’ fees and expenses, including any incurred in enforcement of this indemnity) arising in any way from or in connection with your use of the Site or Services or any goods and services available on or through the Site or Services, or any violation by you of this Agreement, our Privacy Notice or any other policy posted on the Services applicable to your use of the Services. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to assist and cooperate with us in asserting any available defenses.
LIMITATION OF LIABILITY
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and the Organization and their successors or assigns shall exclusively be settled through binding and confidential arbitration.
Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. Unless otherwise agreed upon by the parties in writing, the arbitration will be conducted before one arbitrator and will be governed by the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”).
To the fullest extent permitted by applicable law, you and the Organization must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR THE ORGANIZATION MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (3) the arbitration shall be confidential, and neither you nor the Organization may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (4) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (5) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law.
The Organization, in its sole discretion, may terminate your access to or use of the Services, at any time and for any reason, including if the Organization believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination, your right to use the Services will immediately cease. You agree that any termination of your access to or use of the Services may be effected without prior notice, and that the Organization may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that the Organization and its affiliates shall not be liable to you or any third party for any termination of your access to the Services or to any such information or files, and shall not be required to make such information or files available to you after any such termination.
The Services are controlled, operated, and hosted from the United States, and are not intended to subject the Organization to the laws or jurisdiction of any state, country or territory other than that of the United States. We do not represent or warrant the Services, the content on the Services, or any part thereof is appropriate or available for use in other locations or in any particular jurisdiction other than the United States. Persons who choose to access the Services from other locations or jurisdictions do so on their own initiative and at their own risk, and are responsible for compliance with local laws, rules and regulations, if and to the extent local laws are applicable. We may limit the availability of the Site or Services, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
You agree that the laws of the State of New York, excluding its conflict of laws rules, and this Agreement, our Privacy Notice and any other policies posted on the Services applicable to your use of the Services shall govern your use of the Services. You expressly agree that exclusive jurisdiction for any claim or dispute with us or relating in any way to your use of the Services resides in the courts of New York County, New York, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of New York County, New York, in connection with any such dispute and including any claim involving the Organization and its affiliates and their respective employees, contractors, officers, directors, and suppliers.
This Agreement is the entire agreement between you and the Organization with respect to the Site and Services, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the Organization with respect to those matters. No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement, and neither party has any authority of any kind to bind the other in any respect. If any of the provisions, or portions thereof, of this Agreement is found to be invalid under any applicable statute or rule of law, the remainder of this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
If you have any questions regarding this Agreement, please direct such questions to firstname.lastname@example.org.