PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SITES. BY ACCESSING OR USING THE SITES IN ANY WAY, INCLUDING WITHOUT LIMITATION, BROWSING THE SITES, USING ANY INFORMATION, OR SUBMITTING ANY CONTENT OR PERSONAL INFORMATION VIA THE SITES, YOU AGREE TO AND ARE BOUND BY THE TERMS, CONDITIONS, POLICIES, AND NOTICES CONTAINED IN THESE TERMS, INCLUDING CONDUCTING THIS TRANSACTION ELECTRONICALLY, CERTAIN THIRD-PARTY TERMS AND CONDITIONS, DISCLAIMERS OF WARRANTIES, DAMAGE AND REMEDY EXCLUSIONS AND LIMITATIONS, BINDING ARBITRATION, VENUE SELECTION, AND A CHOICE OF TENNESSEE LAW. YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD OR OLDER AND POSSESS THE LEGAL RIGHT AND ABILITY TO AGREE TO THESE TERMS.
1. NO MEDICAL ADVICE
The Sites are designed for educational and informational purposes only. The Sites do not provide medical advice, diagnoses, or recommendations about medical treatment, and does not recommend or endorse any products or information for any particular circumstances. You expressly acknowledge and agree that Company is not responsible for the results of any decisions made based on your use of the Sites.
THE CONTENT ON THE SITES IS NOT INTENDED IN ANY WAY TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. NEITHER THE CONTENT NOR ANY OTHER SERVICE OFFERED BY OR THROUGH THE SITES IS INTENDED TO BE RELIED ON FOR MEDICAL DIAGNOSIS OR TREATMENT. NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITES. IN AN EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.
2. SITE CONTENT
a. The Sites are for your personal and noncommercial use. Except as otherwise provided by a third party, all content on the Sites are ©2019 Promises Behavioral Health, LLC and/or its subsidiaries, affiliates, and/or licensors. PROMISES BEHAVIORAL HEALTH is a trademark of Promises Behavioral Health, LLC. The Sites contain copyrighted material, trademarks, service marks, trade dress, and other proprietary content, including but not limited to, text, software, applications, sound, photographs, buttons, images, logos, video, and graphics (the “Content”), and the entire selection, coordination, arrangement, and “look and feel” of the Sites and the Content are copyrighted as a collective work under copyright laws (collectively, “Intellectual Property Rights”). Neither these Terms nor your use of the Sites transfers any right, title, or interest in the Sites, Content, or Intellectual Property Rights to you. Company and its third-party licensors retain all of their respective right, title, and interest to the Sites, Content, and Intellectual Property Rights. Any rights not expressly granted are reserved.
b. Except as expressly provided in these Terms, you may not use, modify, republish, frame, print, display, perform, reproduce, license, transfer, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit any Content or information from the Sites, in whole or in part, without the express written permission of Company. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Sites.
c. The Sites are controlled, operated, and administered by Company from its offices or servers within the United States of America (“U.S.”). Company makes no representations that materials or Content on the Sites are appropriate or available for use at locations outside of the U.S. and does not direct or intend the Sites to be accessed outside of the U.S. You may not use the Sites or export the Content in violation of U.S. export laws or regulations. If you access the Sites from a location outside of the U.S., you are responsible for compliance with all local laws and regulations.
d. Certain materials on or features accessible through the Sites may be furnished by third parties. Certain products, services, or company designations for companies other than Company may be mentioned in the Sites for identification purposes only. Third-party trademarks, trade names, logos, products, or services names contained on the Sites are the trademarks, registered or unregistered, of their respective owners.
e. Nothing contained in these Terms shall be construed as conferring any other license or right, express or implied, under any of our intellectual property rights or under any third party’s intellectual property rights. Any rights not expressly granted herein are reserved.
3. USER CONDUCT
By using the Sites, including any Content and services available through it, you agree that you shall not:
a. delete, modify, hack, or attempt to change or alter any of the Content on the Sites;
b. attempt to access accounts, computer systems, or networks connected to any of our servers or to the Sites, through hacking, password mining, or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally or readily made available through the Sites;
c. use any device, software, or routine intended to damage or otherwise interfere with the proper functioning of the Sites or servers or networks connected to the Sites, or take any other action that interferes with administration, security, and/or operation of the Sites or other parties’ use of the Sites;
d. use any robot, spider, or other automatic or manual device or process for the purpose of harvesting or compiling information on the Sites for purposes other than for a generally available search engine;
e. use any Company names, service marks, logos, or trademarks without prior written consent, including without limitation as metatags, search engine keywords, or hidden text;
f. use any material or information, including images or photographs, which are made available through the Sites in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
g. transmit or upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
h. create a false identity for the purpose of misleading others, breach any contractual or confidentiality obligations, or violate the privacy rights of others;
i. defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of any third party; or
j. provide false information, impersonate another person or entity, or misrepresent your affiliation with any entity.
4. PERMISSIBLE USE
Except as indicated to the contrary elsewhere on the Sites, you may view, copy, retransmit, and print the Content available on the Sites subject to the following conditions:
a. you may only use the Content for your personal use or to request further information about Company;
b. you may not provide, sell, license, or lease the Content for any fee or other consideration;
c. you must ensure all copyright, trademark, and other proprietary rights notices included in the Content as presented on the Sites appear on all copies;
d. you may not modify or alter the Content in any way; and
f. you may not use any graphics separately from accompanying text.
5. OTHER SITES; THIRD-PARTY CONTENT
As a convenience to you, the Sites may provide links to websites and access to content, products, and services of third parties, including our affiliates, strategic partners, and other entities with which our connection consists of only a hyperlink (“Linked Site”). All Linked Sites are provided only because they may be of interest to users of the Sites or offer a service for your convenience. Information and views contained in Linked Sites are not adopted or endorsed by us.
Company does not control, makes no guarantees about, and disclaims any express or implied representations or warranties about the accuracy, relevance, timeliness, completeness, or appropriateness for a particular purpose of the information or the resources contained on the Linked Sites or any other Internet sites. We reserve the right to terminate such links at any time. The fact that we offer such links should not be construed in any way as an endorsement, authorization, or sponsorship of that site or its content, products, or services.
6. MODIFICATIONS TO TERMS
Company may change, modify, add, and/or delete all or portions of these Terms from time to time by posting updated Terms on the Sites, which shall apply to your use of the Sites after such modifications have been posted. Please review these Terms periodically for any updates or changes. Your continued use of the Sites following the posting of any updates or changes to these Terms constitutes your acceptance of such updates and changes. If you object to any provision of these Terms or any subsequent modifications to these Terms, your only recourse is to terminate your use of the Sites immediately.
7. TERMINATION/MODIFICATIONS OF SITES
Company reserves the right to modify or terminate your access to the Sites or portions of the Sites, at any time, temporarily or permanently, with or without notice to you, for any reason, and are not obligated to support or update the Sites. Sections 2, 8, 11-15, 17, and 18 of these Terms shall survive any termination. We also may impose limits on certain features and services, restrict your access to parts or the entire Sites, or charge fees for access to portions of the Sites without notice or liability. You acknowledge and agree that we will not be liable to you or any third party in the event that we exercise our right to modify or terminate access to the Sites or portions of the Sites.
8. YOUR PRIVACY
9. COPYRIGHT INFRINGEMENT
In accordance with the U.S. Federal Digital Millennium Copyright Act (“DMCA”), Company has designated an agent to receive notifications of alleged copyright infringement associated with the Sites. We will, upon receiving proper notice as set forth below, use commercially reasonable efforts to investigate notices of copyright infringement and take appropriate action. If you believe that your copyrighted work or the copyrighted work of another party is being infringed, please notify us at email@example.com or through the address at the end of this page. When notifying us of the alleged copyright infringement please provide us with the following information:
a. a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is claimed to have been infringed;
b. identification of the copyrighted work alleged to have been infringed;
c. a description of the material that is claimed to be infringing and information sufficient to locate the material on the Sites;
d. information sufficient to contact the complaining party, such as a physical address, telephone number, and, if available, an electronic mail address;
e. a statement that the complaining party has a good faith belief that the 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 the copyright owner’s behalf.
If we in good faith believe material to infringe a copyright or otherwise violate any intellectual property rights, we will remove or disable access to such material.
10. TYPOGRAPHICAL ERRORS
Company’s goal is to provide complete, accurate, and up-to-date information on the Site. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. The Site may contain typographical mistakes, inaccuracies, or omissions, and some information may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SITES AND ALL CONTENT, MATERIALS, INFORMATION, TOOLS, APPLICATIONS, PRODUCTS, AND SERVICES PROVIDED ON THE SITES, ARE PROVIDED ON AN “AS IS, WHERE IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. COMPANY AND ITS SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. WE SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY OR LOSS ARISING OUT OF ANY ACTION TAKEN IN RELIANCE ON THE SITES AND/OR ANY CONTENT, TOOLS, APPLICATIONS, PRODUCTS, AND SERVICES PROVIDED ON THE SITES. WE MAKE NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT: (A) THE SITES OR FEATURES AVAILABLE THROUGH THE SITES WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THE CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, OR ACCURATE; (C) ANY PARTICULAR RESULTS MAY BE OBTAINED FROM THE USE OF THE SITES; (D) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, TOOLS, APPLICATIONS, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS; OR (E) DEFECTS, IF ANY, WILL BE CORRECTED.
12. LIMITATION OF LIABILITY
IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, INCREASED, OR CONSEQUENTIAL DAMAGES INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM YOUR ACCESS TO, OR INABILITY TO ACCESS OR USE THE SITES OR ANY CONTENT, INTELLECTUAL PROPERTY, APPLICATIONS, TOOLS, PRODUCTS, INFORMATION, OR SERVICES PROVIDED IN CONNECTION WITH THE SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY FOR ANY TYPE OF DAMAGES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00 USD). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. CONSEQUENTLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THESE TERMS, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE. IF YOU ARE A RESIDENT OF NEW JERSEY, TO THE EXTENT NEW JERSEY LAW PROHIBITS THE LIMITATIONS AND/OR EXCLUSIONS OF LIABILITY SET FORTH IN THESE TERMS, SUCH LIMITATIONS AND/OR EXCLUSIONS SHALL NOT APPLY TO YOU.
You agree to indemnify and hold harmless Company, its affiliates, shareholders, directors, officers, co-branders, subsidiaries, parents, employees and agents, and, at Company’s sole election, defend the foregoing, from any claim, demand, liability, dispute, damage, cost, expense, or loss, including attorneys’ fees and costs of litigation, arising out of or in any way related to your use of or access to this Sites, your use of the Content, including any use by your employees, your violation of these Terms, or your violation of any rights of another.
14. LIMITATION ON ACTIONS
You agree that any claim, dispute, or cause of action arising out of these Terms or your use of the Sites must be filed within one (1) year after the claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Company to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.
15. DISPUTE RESOLUTION
You agree that any dispute arising out of or relating in any way to your use of the Sites requires that the claim be resolved exclusively by confidential binding arbitration except that, to the extent you have in any manner violated or threatened to violate Intellectual Property Rights, Company may seek injunctive or other appropriate relief. The arbitration shall be conducted before three neutral arbitrators in Nashville, Tennessee, U.S.A., in accordance with the rules of the American Arbitration Association (“AAA”), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law. The parties shall equally share all AAA charges and fees associated with the arbitration.
BECAUSE THE USE OF THE SITES REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS’ DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.
The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party consents (a) to the non-exclusive jurisdiction of the courts of the State of Tennessee, or to any federal court located within the State of Tennessee for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim, or provisional equitable remedies, and (b) to service of process in any action by registered mail or any other means provided by law. Should this Section 16 be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that exclusive jurisdiction and venue for any claims will be in the state or federal courts having jurisdiction over Nashville, Tennessee, U.S.A.
You acknowledge (a) that you have read and understood these Terms and (b) that these Terms have the same force and effect as a signed agreement.
If any provision in these Terms is found by a court or arbitrator to be invalid, the parties agree that the court or arbitrator should give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect. Company’s failure to act with respect to a breach by any visitor using the Sites does not constitute a waiver of its right to act with respect to subsequent or similar breaches. These Terms will be governed by and construed in accordance with the laws of the State of Tennessee without regard to its choice-of-law provisions. In the event of any conflict between foreign laws, rules, and regulations and those of the United States, the laws, rules and regulations of the United States will govern. These Terms, as posted from time to time on the Sites, and any modifications to the foregoing, constitute the entire agreement between the parties with regard to the subject matter in these Terms and supersede all prior understandings and agreements, whether written or oral, as to the subject matter.
18. CONTACT INFORMATION
If you have any questions about these Terms, the practices of Company, or your dealings with the Sites, please contact us at firstname.lastname@example.org. You also may contact us to update your personal information by notifying us when you change your name or email address at the address below:
Promises Behavioral Health
103 Powell Court, Suite 100
Brentwood, Tennessee 37027
Attn: Legal Department
Last updated and effective: July 26, 2019.