HEALTH ADVICE DISCLAIMER
The information, including but not limited to, text, graphics, images and other material contained on this Site and made available by the Company to Users are for informational purposes only. The purpose of this Site is to connect individuals so they may share mental health experiences through the submission of personal stories, develop mental health advocacy skills through access to a mental health resource directory, and build relationships through a peer-to-peer mentorship program that will support mental wellness goals. THE SITE IS NOT INTENDED TO BE AND SHALL NOT BE CONSTRUED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. By accessing this Site and participating in the Mission, Users hereby agree to seek the advice of a licensed physician or other qualified health care provider with regard to any questions in connection with a medical condition or treatment and before undertaking a new health care regimen.
OWNERSHIP; CONTENT; LICENSE
The Site, and each of its components, is the copyrighted property of the Company. None of the content or data found on the Site may be reproduced, republished, distributed, sold, transferred, or modified without the express written permission of the Company. In addition, the trademarks, logos, slogans, trade names and service marks displayed on this website (collectively, the “Trademarks”) are registered or common law trademarks of the Company. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of the Company or such other party that may own the Trademark. All text, graphics, button icons, images, audio clips, and software displayed on the Site (collectively, "Content"), belongs exclusively to the Company. The collection, arrangement, and assembly of all Content on the Site (the "Compilation") belongs exclusively to the Company. All software used on this Site (the "Software") is the property of the Company or its Software suppliers. The Content, the Compilation, and the Software are all protected by U.S. and international copyright laws. YOU MUST OBTAIN THE PRIOR WRITTEN PERMISSION OF THE COMPANY BEFORE YOU LINK TO THIS WEBSITE. The Company grants to each User of the Site a worldwide, non-exclusive, non-sublicensable, and non-transferable license to use and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution, or storage of any Content for other than personal, non-commercial use is prohibited without prior written authorization from the Company, or from the copyright holder. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use in any way.
“User Submissions” means all narratives, comments, feedback, suggestions, written materials of any kind, photos, songs, performances, pictures, e-mail and similar information or materials that you submit to the Company.
The sender of any information to the Company is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person’s proprietary or privacy rights. Except as expressly stated and agreed upon in advance by the Company, no confidential relationship will be established if any User of this Site should make any oral, written or electronic communication to the Company (such as feedback, questions, comments, suggestions, ideas, etc.). Such communication and any information submitted therewith will be considered non-confidential, and the Company will be free to reproduce, publish or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information.
Please note that ideas you post and information you share may be seen and used by other Site Users, and we cannot guarantee that other Users of the Site will not use the ideas and information that you share on the Site. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, or that is subject to third-party rights that may be infringed by your sharing it, do not post it on the Site. WE ARE NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST ON THE SITE.
By providing User Submissions, you agree to the following terms:
The Company will not have any ownership rights over your User Submissions. However, the Company needs the following license to support its Mission. You grant the Company a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to (and to allow others acting on the Company’s behalf to): (a) use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute, and otherwise fully exploit your User Submissions, as permitted by law, in connection with (i) the Site, (ii) the Company’s (and its successors’ and assigns’) Mission, and (iii) promoting, marketing, and redistributing part or all of the Site (and derivative works thereof) or the Mission in any media formats and through any media channels (including, without limitation, third-party websites); (b) take whatever other action is required to perform and market the Site and the Mission; (c) allow its Users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the User Submissions in connection with the Site or the Mission; and (d) use and publish, and permit others to use and publish, the User Submissions in connection with the provision or promotion of the Mission. The foregoing license grant to the Company does not affect your other ownership or license right in your User Submissions, including the right to grant additional licenses to your User Submissions.
By publishing your User Submission, you may be identified publicly by your name in association with your User Submission.
You grant each User a non-exclusive license to access your User Submission through the Site, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display, and perform such User Submissions solely for personal, non-commercial use.
You further agree that your User Submission will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant the Company all of the license rights granted herein.
The Company shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your User Submissions.
All information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which that content originated.
The Company will not be liable for any errors or omissions in any Content.
All Content you access through the Site is at your own risk and you will be solely responsible for any resulting damage or loss to any party.
In accordance with the Digital Millennium Copyright Act, the Company has adopted a policy of, in appropriate circumstances, terminating User accounts that are repeat infringers of the intellectual property rights of others. The Company may also terminate Users accounts even based on a single infringement.
USE OF SITE
As a condition of use, you promise not to use the Site for any purpose that is prohibited by the Agreement or law. Subject to the terms and conditions of the Agreement, the Company hereby grants you a limited, revocable, non-transferable, and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of personal use and not for any commercial use or use on behalf of any third party, except as explicitly permitted by the Company in advance. Any breach of the Agreement shall result in the immediate revocation of the license granted herein without notice to you.
Except as permitted above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, or otherwise exploit this Site or any portion of it unless expressly permitted by the Company in writing. You may not make any commercial use of any of the information provided on the Site or make use of the Site for the benefit of another business unless explicitly permitted by the Company in advance. The Company reserves the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if the Company believes that customer conduct violates applicable law or is harmful to the Company’s interests.
You are responsible for all of your activity in connection with the Site. You shall not upload to, distribute, or otherwise publish through the Site any Content, information, or other material that (a) you know is false, misleading, or inaccurate; (b) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (c) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; (d) constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters; or (e) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
Additionally, you shall not: (a) take any action that imposes or may impose (as determined by the Company in its sole discretion) an unreasonable or disproportionately large load on the Company’s or its third-party providers’ infrastructure; (b) interfere or attempt to interfere with the proper working of the Site or any activities conduced on the Site; (c) bypass any measures the Company may use to prevent or restrict access to the Site (or other accounts, computer systems, or networks connected to the Site); (d) run Maillist, Listserv, or any form of auto-responder or “spam” on the Site; or (e) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.
You shall not directly or indirectly: (a) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site, except to the extent applicable law specifically prohibit such restriction; (b) modify, translate, or otherwise create derivative works of any part of the Site; or (c) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
REGISTRATION; ACCOUNTS; PASSWORDS
You may view Content on the Site without registering, but as a condition of using certain aspects of the Site, you may be required to register with the Company a screen name (“User ID”) and password. You shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. Each time you use a password or User ID, you will be deemed to be authorized to access and use the Site in a manner consistent with the Agreement. The Company has no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SITE BY ANYONE USING THE PASSWORD AND USER ID ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THE SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall not use a User ID, domain name, or term that: (a) is the name of another person, with the intent to impersonate that person; (b) is subject to any rights of another person, without appropriate authorization; or (c) is offensive, vulgar, or obscene. You shall immediately notify the Company of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, the Company may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under the Agreement. Upon any termination of the Agreement, you shall immediately cease all access to and use of the Site and the Company shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of the Site in whole or in part. Any termination of the Agreement shall not affect the respective rights and obligations (including, without limitation, payment obligations) of the parties arising before the date of termination.
The Site may be accessed from countries other than the United States. The Site may contain products or references to services and products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use the Site outside the United States you are responsible for complying with your local laws and regulations.
DISCLAIMER AND LIMITATION OF LIABILITY
The Company has no special relationship or fiduciary duty to you. You acknowledge that the Company has no duty to take any action regarding any of the following: which Users gain access to the Site; what Content Users access through the Site; what effects the Content may have on Users; how Users may interpret or use the Content; or what actions Users may take as a result of having been exposed to the Content. The Company cannot guarantee the authenticity of any data or information that Users provide about themselves. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate.
EXCEPT AS OTHERWISE PROVIDED, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. THE COMPANY DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.
You release the Company from all liability for your having acquired or not acquired Content through the Site. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES.
Electronic Communications Privacy Act Notice (18 USC §2701-2711): THE COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. The Company will not be liable for the privacy of any email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Site.
You shall defend, indemnify, and hold harmless the Company, its affiliates, and each of their employees, contractors, directors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees and other legal costs, that arise from or relate to any of the following (the “Claims”): (a) your use of, inability to use, or activities in connection with this Site; (b) any violation of this Agreement or any other terms, conditions or policies by you or through any account you may have with this Site, including the representations and warranties set forth in this Agreement; (c) any transaction you may enter into through this Site; (d) any allegation that any Submission or other materials that you make available through this Site infringes or otherwise violates the intellectual property, privacy, or other rights of any third party; or (e) your violation of any rights of any other Site visitor, User, or customer, or any other third-party; and you will reimburse the Company on demand for any damages, losses, costs, judgments, fees, fines and other expenses they incur (including attorneys’ fees and court costs) as a result of any Claim(s). This defense and indemnification obligation will survive the termination of this Agreement and will exist in perpetuity, regardless of whether you later cease using the Website or remove User Submissions from the Website.
You agree that the Company’s remedy at law for any actual or threatened breach of the Agreement would be inadequate and that the Company shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that the Company may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
No right or remedy of the Company shall be exclusive of any other, whether at law or in equity, including, without limitation, damages, injunctive relief, attorneys' fees and expenses. No instance of waiver by the Company of the Company’s rights or remedies under these terms and conditions shall imply any obligation to grant any future waiver.
INTEGRATION AND SEVERABILITY
This Agreement and other referenced material are the entire agreement between you and the Company with respect to the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and the Company with respect to the Site and govern the future relationship. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Agreement will otherwise remain in full force and effect and enforceable.
The laws of the state of Illinois will govern the Agreement, without giving effect to any principles of conflicts of laws.
This Agreement has been made entirely within the state of Illinois. If any suit or action is filed by any party to enforce this Agreement or otherwise with respect to the subject matter of this Agreement, venue will be in the federal or state courts in Chicago, Illinois.
All notices, requests, and other communications to the Company shall be in writing, shall be given to such party at its address set forth below or, where applicable, at the address of its registered agent. Each such notice, request, or other communication shall be deemed to have been duly given (a) as of the date of delivery, if delivered personally, (b) upon the next business day when delivered during normal business hours to a recognized overnight courier service, or (c) on the date of delivery or refusal shown on the receipt therefore if sent by United Stated certified or registered mail, return receipt requested and postage prepaid.
HOW TO CONTACT THE COMPANY
If you have any questions or comments, please do not hesitate to contact the Company at Contact Us.
QUESTIONS OR COMMENTS?
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to:
Mailing Address: 301 W Grand Ave, #255, Chicago, IL 60654