Effective as of February 8, 2016
NO MEDICAL, PSYCHIATRIC, OR PROFESSIONAL ADVICE.
This Website is designed for general educational and information purposes only and does not render medical advice, unless otherwise indicated. The information provided through this Website should not be used for diagnosing or treating a health problem or illness. It is not a substitute for professional health care, and is designed to support – not replace – the relationship you have with your health care provider. If you have or suspect you may have a health problem, you should consult your health care provider. MentalHelp.net does not provide medical advice or offer medical, psychiatric, or professional opinions online. The articles on this Website are meant to discuss issues of a general nature regarding issues of interest. While we will monitor content as time allows, we are not responsible for the opinions, advice, recommendations, advertising or suggestions of any writer of these articles. Anyone who has a medical problem should contact a physician. Anyone with a serious addiction problem should get medical or therapeutic help. Anyone who feels at risk for suicide should call 911 immediately. The function of this Website is to provide information regarding certain treatment facilities, and post relevant articles which we think might be helpful to those seeking treatment. Reliance upon any information found on the Websites, any of our licensors, or any affiliates, rests in the user at the user’s own risk. The Website may contain information that you may find explicit or otherwise offensive, erroneous or otherwise inaccurate or outdated. The Website, MentalHelp.net, our affiliates and licensors are not responsible for such content. You are responsible for complying with applicable laws of the region/country of residence.
TERMS AND CONDITIONS
- LICENSE GRANT. This Agreement provides You with a limited, non-exclusive, non-transferable, and non-sublicenseable license to use the Website solely for your personal use or your internal business purposes.
- License RESTRICTIONS. The foregoing license is limited. You therefore may not (i) use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit the Website (or any part thereof) in any manner not expressly permitted by this Agreement, (ii) reverse engineer, decompile, disassemble, translate, or create any derivative work of the Website (or any part thereof); (iii) access, link to, or use any source code from the Website (or any part thereof); or (iv) erase or remove any proprietary or intellectual property notice contained in or on the Website (or any part thereof). In addition, You acknowledge and agree that exceeding the scope of the license herein shall be a material breach of this Agreement and subject to the termination provisions set forth herein.
- USER OBLIGATIONS. Subject to MentalHelp.net’s right to monitor or audit compliance, You acknowledge and agree that it is solely your responsibility to maintain your compliance with the terms and conditions of this Agreement. By accessing or using the Website, You also agree to be responsible for and to abide by all applicable local, state, national, and international laws, regulations, rules, and guidelines with respect to your use of the Website. In addition, You agree to assume all responsibility for your use, and the results of your use, of the Website, including meeting any requirements of your contracts with third parties or other persons.
- PROPRIETARY RIGHTS. The contents of the Website, including all software, design, text, graphics, images, photographs, illustrations, audio and video material, artwork, databases, user interfaces, visual interfaces, sounds, artwork, presentations in any format, computer code (including html code), products, information, and documentation, as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of the Website (collectively, “Material”) unless otherwise indicated, are owned, controlled, and licensed by MentalHelp.net or its licensors. Any rights granted hereby are expressly licensed. MentalHelp.net does not grant any implied right to You or any other person and does not transfer or assign any ownership or intellectual property interest or title in or to the Website (or any part thereof) to You or anyone else. Accordingly, Your unauthorized use of the Website (including any Material) may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. The Website and Material is Copyright ©2015 MentalHelp.net and/or its licensors. You must not alter, delete or conceal any copyright or other notices contained on the Website or Material, including notices on any audio/visual material You access, download, transmit, display, print or reproduce from the Website. You shall not, nor will You allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Material without the express prior written consent of MentalHelp.net or its owner if MentalHelp.net is not the owner. MentalHelp.net and all other names, logos, and icons identifying MentalHelp.net and its products and services are proprietary trademarks of MentalHelp.net (or its affiliates), and any use of such marks, including, without limitation, as domain names or account identifiers, without the express written permission of MentalHelp.net is strictly prohibited. Other product and company names mentioned herein or on the Website may be the trademarks and/or service marks of their respective owners.
- LINKS TO OTHER SITES. MentalHelp.net may provide links, in its sole discretion, to other sites from which You can access information and/or purchase services from third parties, including but not limited to rehabilitation centers. MentalHelp.net is not a seller or owner of any goods or services advertised, featured, or otherwise mentioned on these sites. These sites and services have not necessarily been reviewed byMentalHelp.net and are maintained by third parties over which MentalHelp.net exercises no control. Accordingly, MentalHelp.net expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party websites. Moreover, these links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party. In addition, some of the third parties whose websites are featured on MentalHelp.net’s Website have paid for their Websites to be prominently displayed on MentalHelp.net’s Website. The prominence of a third party site does not constitute an endorsement by MentalHelp.net or a referral by MentalHelp.net to the facility promoted on the third party site. Your transactions and other dealings with third party merchants or advertisers that are found on or through the Website, including payment and delivery of goods or services, are solely between You and such merchant or advertiser.
- THIRD PARTY SERVICES. MentalHelp.net has entered into contractual relationships with certain vendors, sponsors, and advertisers of products or services (“Vendors”), pursuant to which MentalHelp.net may link to or display text, data, photos, graphics and/or video (“Information”), advertisements, discounts, products, goods, or services offered by the third parties. You agree that you must evaluate, and bear all risks associated with, the use of any Vendor-provided Information or services. MentalHelp.net does not guarantee the availability or accuracy of Vendor Information or offers and makes no representations or warranties as to the security or performance of any Vendor Information, offers, or services. Your use of Vendor services is subject to the terms and conditions for each such service. MentalHelp.net expressly disclaims responsibility and liability for all Vendor-provided materials, programs, products, services or sites made available through the Website, and You agree that MentalHelp.net shall not be responsible for any loss or damage of any sort incurred as a result of any such Vendor-provided materials, programs, products, services or sites. MentalHelp.net shall not be held liable, directly or indirectly, for any loss or damage caused by your use of: (a) any external site linked to the Website, (b) Vendor Information, or (c) Vendor products or services.
- FEEDBACK. MentalHelp.net welcomes your feedback and suggestions about MentalHelp.net’s services or with respect to how to improve the Website. But, by transmitting any feedback or suggestions and any related information, material, or other content (collectively, “feedback”) to MentalHelp.net, You represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that You have all rights necessary to convey such feedback to MentalHelp.net. In addition, any feedback received by MentalHelp.net will be deemed to include from You a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for MentalHelp.net to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such information, material, or content, and You hereby waive any claim to the contrary.
- USER GENERATED CONTENT. Our Website may provide an opportunity (each, a “User Content Area”) for participants to express comments and opinions about recovery and treatment and/or upload to the Website user-generated content such as, without limitation, review of treatment facilities (collectively, “User Content”). To the extent the Website contains any such User Content Area, You hereby agree that You will not upload, post, display, or transmit any of the following in any User Consent Area:
- User Content that violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others;
- User Content that is offensive to the online community, including, without limitation, expressions of obscenity, bigotry, racism, abusiveness, vulgarity or profanity;
- User Content that violates any law or engages in any activity that would constitute any criminal offense or give rise to any civil liability;
- User Content in which you impersonate any person or entity, including, but not limited to, any employee of MentalHelp.net or any treatment center, or falsely state or otherwise misrepresent your affiliation with any person or entity;
- User Content that interferes with any other user’s right to privacy;
- User Content, software or other materials which contain a virus or other harmful or disruptive component;
- Unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam” or any other form of solicitation;
- User Content that violates some other contractual or fiduciary rights, duties, or agreements by which you are bound; or
- User Content protected by copyright, trademark, trade secret, rights of publicity or other proprietary right of any third party (collectively, “Third Party Rights”) without the prior express written permission of the applicable right holder. The burden of determining that all User Content is not subject to any Third Party Rights rests exclusively with You under all circumstances. Accordingly, You shall be solely liable for any damage or costs resulting from any User Content that actually or allegedly infringes any Third Party Rights. Any person determined by MentalHelp.net in its sole discretion to have violated any Third Party Rights may be barred from submitting or posting any further User Content;
- With respect to Reviews, Users may make only a single post (review) and may not make alternate accounts to duplicate or “respond to” posts.
- LICENSE TO USE USER CONTENT.
User Content Generally. Certain features of the Service may permit users to post content, including messages, reviews, photos, video, images, folders, data, text, and other types of works (collectively, “User Content”) and to publish User Content on the Service. You retain copyright and any other proprietary rights that you may hold in the User Content that you post to the Service.
Limited License Grant to MentalHelp.net. By posting or publishing User Content, you grant MentalHelp.net a worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify, and distribute your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed). Any such use of your User Content by MentalHelp.net may be without any compensation paid to you.
User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting and publishing User Content, you affirm, represent, and warrant that:
- you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize MentalHelp.net and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section 5 and in the manner contemplated by MentalHelp.net and these Terms; and
- your User Content, and the use thereof as contemplated herein, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (ii) slander, defame, or libel any third-party.
- DIGITAL MILLENNIUM COPYRIGHT ACT
DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints with respect to material posted on the Service, you may contact our Designated Agent at the following address:
Referral Solutions Group
900 Broadway, Suite 704
New York, NY 10003
By E-mail:Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of the material that you claim is infringing and where it is located on the Service; your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
- REPRESENTATIONS AND WARRANTIES. You represent and warrant to MentalHelp.net that (i) You are at least the legal age of majority in your state of residence, (ii) You are authorized to enter into this Agreement, (iii) You will access and view the Website and the Materials for your personal, non-commercial use only; (iv) You will not use the Website or the Materials for any purpose or in any manner that violates any law or regulation or that infringes the rights of MentalHelp.net or any third party; (v) any information or data provided to MentalHelp.net by You will not violate any law or regulation or infringe the rights of MentalHelp.net or any third party; (vi) all information that You provide to us in connection with the Website (e.g., name, e-mail address, and/or other information) is true and accurate; and (vii) You are authorized and able to fulfill and perform the obligations and meet the conditions of a user as specified herein.
- WARRANTY DISCLAIMERS. THE WEBSITE AND MATERIALS ARE PROVIDED “AS-IS.” MENTALHELP.NET DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE WEBSITE OR MATERIALS IN TERMS OF AVAILABILITY, ACCURACY, RELIABILITY, CURRENTNESS, COMPLETENESS, FUNCTIONALITY, INTENDED PURPOSE, OR OTHERWISE. MENTALHELP.NET DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR MATERIALS WILL OPERATE ERROR-FREE, UNINTERRUPTED, OR IN A MANNER THAT WILL MEET YOUR REQUIREMENTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEBSITE IS WITH YOU. MENTALHELP.NET HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
- LIMITATION OF LIABILITY. MentalHelp.net shall have no responsibility to provide You access to the Website. You acknowledge and agree that MentalHelp.net shall not be liable or responsible for any claim, damage, or loss resulting, directly or indirectly, from a cause beyond MentalHelp.net’s control, including, but not limited to, offers or promotions made available on the Website, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, governmental restrictions, or any claim, damage, or loss arising out of transactions or interactions between You, third party merchants or anyone else. You specifically acknowledge that MentalHelp.net shall not be liable for defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with You. MOREOVER, YOU AGREE THAT IN NO EVENT SHALL MENTALHELP.NET BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, FOR LOST PROFITS, FOR LOST DATA, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE, OR FOR ANY INFORMATION OR MATERIALS AVAILABLE THROUGH THE WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF MENTALHELP.NET HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. WITHOUT LIMITATION OF THE FOREGOING, TOTAL LIABILITY OF MENTALHELP.NET FOR ANY REASON WHATSOEVER RELATED TO USE OF THE WEBSITE, RESULTS FROM USE OF THE WEBSITE, OR FOR ANY CLAIMS RELATING TO THIS AGREEMENT SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00 USD), AS LIQUIDATED DAMAGES AND NOT AS A PENALTY EVEN IF MENTALHELP.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIABILITY, IF ANY, SHALL BE COMPLETE AND EXCLUSIVE.
- COPYRIGHT INFRINGEMENT POLICY AND TAKE DOWN PROCEDURES. If You have a good faith belief that Your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you can submit a Notice of Claimed Infringement (NOCI) to MentalHelp.net by providing the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
- Identification or description of the copyrighted work or other intellectual property that you claim has been infringed. If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, trademark or patent);
- Identification or description of where the material that you claim is infringing is located on the Website, with enough detail that MentalHelp.net may find it on the Website;
- Your address, telephone number, and email address;
- A statement by You that You have a good faith belief that the use of the material complained of is not authorized by the copyright owner or intellectual property owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf;
Referral Solutions Group
900 Broadway, Suite 704
New York, NY 10003
- No Class Actions. TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSION OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST MENTALHELP.NET IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
- GOVERNING LAW. This Agreement has been made in and will be construed and enforced solely in accordance with the laws of the CA, U.S.A., as applied to agreements entered into and completely performed in the CA. Any claim You might have against MentalHelp.net must be brought within two (2) years after the cause of action arises, or such claim or cause of action is barred. In addition, You agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to this Agreement and that each party has the right to seek attorneys’ fees in any proceeding. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this Agreement and is hereby disclaimed. A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other documents and records originally generated and maintained in printed form. Please contact MentalHelp.net by emailing us at email@example.com if You wish to receive a printed copy of this Agreement.
- ENFORCEMENT. MentalHelp.net wishes to maintain the Website as a helpful resource for all of its users. As it relates to MentalHelp.net, You therefore have no reasonable expectation of privacy while using the Website because MentalHelp.net reserves the right to view, monitor, and/or record activity on the Website (in accordance with applicable law) and to comply with government or court appointed authorities when necessary. Actual or attempted unauthorized use of the Website may also result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. You shall therefore not, nor shall You permit any third party to, disable, circumvent, or otherwise avoid any security device, mechanism, protocol, or procedure established by MentalHelp.net for use of or with the Website. Moreover, You also acknowledge that any breach, threatened or actual, of this Agreement by You may cause irreparable injury to MentalHelp.net and/or its licensors, such injury would not be quantifiable in monetary damages, and MentalHelp.net and/or its licensors would not have an adequate remedy at law. You therefore agree that MentalHelp.net and/or its licensors (or on their behalf) shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this Agreement. Accordingly, You hereby waive any requirement that MentalHelp.net or its licensors post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to MentalHelp.net to enforce any provision of this Agreement.
- TERMINATION. MentalHelp.net also reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraud, illegal activity, or actions or omissions that violate any term or condition of this Agreement, to terminate this Agreement with You (including any registered account) in order to protect its name, business, or goodwill and/or any other user. You acknowledge and agree that MentalHelp.net shall have the sole right to determine in its reasonable discretion whether You are engaging in any unauthorized activity and/or violating any term or conditions of this Agreement. MentalHelp.net shall also not be responsible or liable for any damages or loss as a result of any termination of this Agreement in accordance with this section. You may also terminate at any time by ceasing to use the Website. But, all applicable provisions of this Agreement will survive termination, as outlined below. Any licenses from MentalHelp.net and any right to use the Website shall immediately cease upon termination of this Agreement. The provisions concerning feedback, MentalHelp.net’s ownership rights, representations and warranties, warranty disclaimer, limitation of liability, governing law, enforcement, termination, and the miscellaneous terms will survive the termination or expiration of this Agreement for any reason.