Effective Date: March 7, 2017
This is a binding legal agreement between you and The One Mind, a California nonprofit public benefit corporation (“OM”, “we”, “us” or “our”) which owns and operates the website located at https://psyberguide.org (the “PsyberGuide Website”).
NOTE TO USERS UNDER 13: Our service is not for persons under the age of 13. If you are under 13 years old, then please do not use the PsyberGuide Website and leave the PsyberGuide Website immediately.
NOTE TO MINORS: If you are over 13, but under the age of consent where you live, then you must get the consent of your parents or guardian prior to using the PsyberGuide Website after you and your parent or guardian review, understand and agree to these Terms; and, if you do use the PsyberGuide Website, you represent to us that you have done so.
Revisions to these Terms.
Because the PsyberGuide Website changes from time to time, OM reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time without notice. Prior to each visit to the PsyberGuide Website, please check the Terms to determine the current Terms to which you are bound. If OM modifies these Terms, it will post the modification on the PsyberGuide Website or otherwise provide you with notice of the modification. The date of most recent revision shall be noted at the beginning of these Terms. Your continued use of the PsyberGuide Website after the posting of changes will constitute your acceptance of such changes at the time of each use. If the modified Terms are not acceptable to you, your only recourse is to cease using the PsyberGuide Website. Notwithstanding the preceding sentences of this Section, no revisions to these Terms will apply to any dispute between you and OM that arose prior to the date of such revision. These Terms may only be modified in writing as set forth in this paragraph, and may not be modified orally.
The PsyberGuide Website is owned and operated by OM. The content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, software, products, services, blogs, articles, videos, critiques, comments and all other elements of the PsyberGuide Website that are provided by us (“PsyberGuide Materials”) are protected by copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except as expressly authorized by us, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the PsyberGuide Website or PsyberGuide Materials. You shall not acquire any right, title or interest to the PsyberGuide Website or PsyberGuide Materials, except for the limited rights set forth in these Terms or any express license from us.
Permission and Restrictions.
Subject to the terms and conditions herein, and until these Terms are terminated pursuant to the “Termination” Section below, OM grants you permission to use the PsyberGuide Website as set forth in these Terms, provided, however, that (i) you do not engage in any of the prohibited uses described in these Terms; and (ii) you will otherwise fully comply with these Terms.
You understand that, when using the PsyberGuide Website or any PsyberGuide Resources, you may be provided with summaries, notifications and other information regarding various mental health application programs listed on the PsyberGuide Website (the “Summarized Content”), which may include text, images, graphs, video, research sources, and other content. You acknowledge and agree that OM is not responsible for the accuracy, integrity, quality, legality, usefulness, safety, or intellectual property rights of or relating to such Summarized Content. The Summarized Content is provided to you as a helpful tool to help you choose the products and services that are right for you and others whom you care about, but it is not intended as a replacement for the underlying content about each individual product and it is your responsibility to review such underlying content and abide by its terms. Although OM makes reasonable efforts to ensure that the Summarized Content accurately reflects the information in the underlying content about a specific product, you understand, acknowledge and agree that we may provide you with Summarized Content that is inaccurate, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against OM with respect thereto. Under no circumstances will OM be liable in any way for or in connection with your reliance on any Summarized Content, including for any inaccuracies, errors or OMssions in any Summarized Content (or for the failure to provide notices of any such Summarized Content), or for any loss or damage of any kind incurred as a result of the use of any Summarized Content posted, uploaded or otherwise displayed or transmitted via the PsyberGuide Website.
- You agree not to reproduce, duplicate, copy, sell, trade, resell, distribute or exploit, any portion of the PsyberGuide Website, use of the PsyberGuide Website, or access to the PsyberGuide Website, for any purpose other than as the PsyberGuide Website is offered by OM.
- You agree not to intentionally interfere with or damage, impair or disable the operation of the PsyberGuide Website or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code.
- You agree not to remove, circumvent, disable, damage or otherwise interfere with any security-related features of the PsyberGuide Website, features that prevent or restrict the use or copying of any content accessible through the PsyberGuide Website, or features that enforce limitations on the use of the PsyberGuide Website.
- You agree not to attempt to gain unauthorized access to the PsyberGuide Website, or any part of it, or computer systems or networks connected to the PsyberGuide Website, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the PsyberGuide Website or any activities conducted on the PsyberGuide Website.
- You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the PsyberGuide Website. You agree neither to modify the PsyberGuide Website in any manner or form, nor to use modified versions of the PsyberGuide Website, including for the purpose of obtaining unauthorized access to the PsyberGuide Website.
- You agree not to submit or otherwise make available through the PsyberGuide Website, including our blog, any content: (i) that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, or invasive of another’s privacy, or harmful to minors in any way; (ii) that includes personal or identifying information about another person without the appropriate consent; (iii) that violates 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 (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
- You agree that you will not use any robot, spider, scraper, or other automated means to access the PsyberGuide Website for any purposes without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the PsyberGuide Website. You agree not to deep-link to the PsyberGuide Website and will promptly remove any links that OM finds objectionable in its sole discretion.
- You agree not to utilize framing techniques to enclose any PsyberGuide Materials without our express written consent. You agree not to use any meta tags or any other “hidden text” utilizing OM’s name, logos or trademarks without our express written consent.
- You agree not to make unsolicited offers, advertisements, or proposals to other users of the PsyberGuide Website, including through our blog. This includes promotions, informational announcements, charity requests, or petitions for signatures.
- You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the PsyberGuide Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
- You agree not to modify, adapt, translate or create unauthorized derivative works based upon the PsyberGuide Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Information That You Provide.
If you choose to send us any message, feedback or data, including any ideas, comments, suggestions or questions regarding any products or services, such information shall be deemed to be non-confidential. We shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation. Further, we shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including incorporating such ideas, concepts, know-how or techniques into the PsyberGuide Materials and the PsyberGuide Resources. You are solely responsible for all information which you share, submit, publish, display, disseminate or otherwise communicate through the PsyberGuide Website, including our blog. You agree that all such content, messages and other communications shall not be deemed to be private or secure, and that any such content, messages and communications can be read by us. If we ask you to cease and desist from submitting comments or sharing any videos, articles or other content that you obtain from the PsyberGuide Website with any third party, you agree to comply with such request immediately.
You agree not to submit, publish, display, disseminate, or otherwise communicate any defamatory, inaccurate, abusive, threatening, offensive, indecent, illegal or otherwise objectionable material, or any material that violates any federal, state, or local law in the United States or anywhere else in the world through the PsyberGuide Website, including our blog.
Third Party Sites.
OM or third parties may provide links on the PsyberGuide Website to other sites or content (“Third Party Sites”). OM has no control over such Third Party Sites, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability or reliability of Third Party Sites linked to by the PsyberGuide Website. OM provides links to you only as a convenience, and the inclusion of any link on the PsyberGuide Website does not imply our affiliation, endorsement, or adoption of the linked site or any information therein. Access and use of third party sites, including the information, material, products, and services on third party sites or available through third party sites, is solely at your own risk. When you leave the PsyberGuide Website, our terms and policies no longer govern. You should review applicable terms and policies, including the privacy and data gathering practices, of any Third Party Sites.
Intellectual Property Protection.
The articles, videos and other content made available on the PsyberGuide Website or Third Party Sites may be protected by copyright and other applicable laws. Some content may not be reproduced, used to prepare derivative works, distributed, performed publicly or displayed publicly without the written permission of the copyright holder, except to the extent allowed under the “fair use” provisions of the U.S. copyright laws, other limitations on exclusive copyrights in the U.S. copyright laws, or comparable provisions of foreign laws.
It is our policy to respect the intellectual property of others and to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act of 1998 (the “DMCA”). If you believe that your copyrighted work or trademark has been infringed, please contact us and provide all information relevant to any claim of copyright or trademark infringement, including the information specified by the DMCA. Please contact us by email at email@example.com. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing shall be liable for damages (including costs and attorneys’ fees).
- OM. You agree that OM, in its sole discretion, may terminate your use of the PsyberGuide Website, or any part thereof, at any time, with or without notice, without liability to you, if you have failed or we suspect you have failed to comply with any provision of these Terms. OM may also in its sole discretion and at any time discontinue providing access to the PsyberGuide Website, or any part thereof, with or without notice. You agree that any termination of your access to the PsyberGuide Website, or any part thereof, may be effected without prior notice, and you agree that OM shall not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies OM may have at law or in equity.
- You. If you are dissatisfied with the PsyberGuide Website, please email us at firstname.lastname@example.org. Your input is valuable to us. Your only other remedy with respect to any dissatisfaction with (i) the PsyberGuide Website, (ii) any term of these Terms, (iii) any policy or practice of OM in operating the PsyberGuide Website, or (iv) any content or information transmitted through the PsyberGuide Website, is to terminate these Terms. You may terminate these Terms at any time by discontinuing your use of any and all parts of the PsyberGuide Website.
Indemnification; Hold Harmless.
You agree to indemnify and hold harmless OM, and its parent, subsidiaries, affiliates or any related companies (including those which share substantially common ownership), its suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of any of them from any and all claims, losses, obligations, damages, liabilities, costs or debt and expenses (including attorney’s fees) arising out of (i) your use or misuse of the PsyberGuide Website; (ii) your violation of these Terms; (iii) your violation of the rights of any other person or entity; and (iv) your breach or alleged breach of the any representations, warranties, and covenants herein. OM reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of OM. OM will use reasonable efforts to notify you of any such claim, action or proceeding upon becOMng aware of it.
Disclaimers; No Warranties.
- No warranties. To the fullest extent permissible pursuant to applicable law, om, and its affiliates, partners, and suppliers disclaim all warranties, statutory, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from OM or through the PsyberGuide website will create any warranty not expressly stated herein. You expressly acknowledge that as used in the sections titled “disclaimers; no warranties” and “limitation of liability and damages”, the term “om” includes om’s partners, officers, directors, employees, shareholders, agents, service providers, suppliers, licensors, affiliates and subcontractors.
- “As Is,” “As Available” and “With All Faults.” You expressly agree that the use of the PsyberGuide website and the summarized content provided therein is at your sole risk. The PsyberGuide website and any media, content (including any summarized content), software, services or applications made available in conjunction with or through the PsyberGuide website, including the PsyberGuide materials and the PsyberGuide resources, are provided on an “as is,” “as available” and “with all faults” basis without warranties or representations of any kind either express or implied. Om, its suppliers, licensors, affiliates, and partners do not warrant and make no representation that the PsyberGuide materials, the PsyberGuide website, the content provided therein (including any summarized content), the PsyberGuide resources, or any other information offered on or through the PsyberGuide website or any third party sites will be uninterrupted, accurate, reliable, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. The summarized content is provided to you as a tool, not as a replacement for the underlying content about a specific product, and it is your responsibility to review the underlying content and abide by its terms.
- Opinions Only. You understand and agree that our ratings of the products or services described on the PsyberGuide website are only our opinions and are provided with the understanding that you are capable of understanding and assessing the merits of a course of action and will make your own independent decision with respect to any course of action and as to whether such course of action is appropriate or proper based on your own judgment. You may not rely on any statements contained in the PsyberGuide website. They are for informational purposes only and should not be regarded as a recommendation for any particular course of action or non-action. We do not endorse or warrant any product or service described on the PsyberGuide website. No representation is being made that any product or service will achieve or is likely to achieve any result. Third-party ratings are the respective third parties’ opinion and we do not endorse and shall not be responsible for any such third-party opinion. Opinions expressed on the PsyberGuide website are current opinions as of the date when they appear and are subject to change without notice. Reasonable people may disagree about the opinions expressed on the PsyberGuide website. Our opinions necessarily involve various assumptions. In the event any of the assumptions used by us do not prove to be true, results are likely to vary substantially.
- Harm to Your Computer or Device. You understand and agree that you use, access, download, or otherwise obtain information, materials, or data through the PsyberGuide website or any third party sites at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system) or loss of data that results from the download or use of such material or data.
- Note Regarding Health-Related Information. Your use of the PsyberGuide website and any information provided on or in connection with the PsyberGuide website is at your own risk. The PsyberGuide website provides certain information regarding brain disorders and other 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 relationship between you and us 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 on the PsyberGuide website. If you think you may have a medical emergency, call your doctor or 911 immediately. We do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the PsyberGuide website. Reliance on any information provided by us, our employees, individuals providing information in connection with the PsyberGuide website at the invitation of us, other visitors to the PsyberGuide website or users of any products or services and/or any other third party is solely at your own risk.
Limitation of Liability and Damages
- Limitation of Liability. There are inherent risks in relying upon, using, or retrieving any information found on the internet, and we urge you to make sure you understand these risks before using the PsyberGuide website or the PsyberGuide resources. Your use of the PsyberGuide website or the PsyberGuide resources is at your own risk. You agree that, to the fullest extent permissible by applicable law, under no circumstances, and under no legal theory, including negligence, shall OM or its directors, officers, affiliates, representatives, contractors, employees, agents, or third party partners or suppliers, be liable for any damages, including any special, indirect, incidental, consequential, or exemplary damages (including loss of profits, data or use or cost of cover) arising out of or relating to these terms or that result from your use of or the inability to use the PsyberGuide website, the PsyberGuide materials or other content or information contained on the PsyberGuide website or any third party sites (including any summarized content), any products or services mentioned in the PsyberGuide website, or any other interactions with om, however caused, even if OM or a OM authorized representative has been advised of the possibility of such damages. You acknowledge that the royalty-free basis for receiving the PsyberGuide resources reflects this allocation of risk. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, om’s liability will be limited to the extent permitted by law.
- Limitation of Damages. In no event shall OM or its affiliates, contractors, employees, agents, or third party partners, licensors or suppliers’ total liability to you for all damages, losses, and causes of action arising out of or relating to these terms or your use of or the inability to use the PsyberGuide website, the PsyberGuide resources, the PsyberGuide materials or other content on the PsyberGuide website or any third party sites, including any summarized content, (whether in contract, tort (including negligence), warranty, or otherwise) exceed one hundred u.s. dollars.
- Third Party Sites. These limitations shall also apply with respect to damages incurred by reason of any products or services sold or provided on any third party sites or otherwise by third parties other than OM and received by you through or advertised on the PsyberGuide website or received by you through any third party sites.
Limitations by Applicable Law; Basis of the Bargain.
Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If you reside in such a jurisdiction, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. The limitations or exclusions of warranties, remedies or liability contained in these terms apply to you to the fullest extent such limitations or exclusions are permitted under the laws of the jurisdiction in which you are located.
International Access and Export Controls.
The PsyberGuide Website is controlled and offered by OM from its facilities in the United States of America. OM makes no representations that the PsyberGuide Website is appropriate or available for use in other locations. Those who access or use the PsyberGuide Website from other jurisdictions do so at their own risk and are responsible for compliance with local law.
You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and econOMc sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. Specifically, you agree that you shall not, directly or indirectly, sell, export, re-export, transfer, divert, or otherwise dispose of any PsyberGuide Resources to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. You agree to indemnify, to the fullest extent permitted by law, OM from and against any fines or penalties that may arise as a result of your breach of this provision. This export control clause shall survive termination of these Terms.
- Notice. OM may provide you with notices, including those regarding changes to OM’s terms and conditions, by email, regular mail or postings on the PsyberGuide Website. Notice will be deemed given twenty-four hours after email is sent, unless OM is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the PsyberGuide Website. In such case, notice will be deemed given three days after the date of mailing.
- Governing Law. You agree that (i) the PsyberGuide Website and any services provided by the PsyberGuide Website shall be deemed solely based in California; and (ii) the PsyberGuide Website shall be deemed a passive website that does not give rise to personal jurisdiction over OM, either specific or general, in jurisdictions other than California. These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. The provisions of the United Nations Convention on the International Sale of Goods and the Uniform Computer Information Transactions Act, however designated, are excluded and shall not apply to these Terms and Conditions or any dealings hereunder.
- Jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms or the PsyberGuide Website shall be filed only in the state or federal courts in and for San Francisco County, California and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
- No Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of OM to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
- Severability. If any provision of these Terms shall be unlawful, invalid, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. If the application of any provision of these Terms to any particular facts or circumstances shall be unlawful, invalid, void, or for any reason unenforceable, then (a) the validity and enforceability of such provision as applied to any other particular facts or circumstances and the validity of other provisions of these Terms shall not in any way be affected or impaired thereby, and (b) such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and reformed without further action by the parties to the extent necessary to make such provision valid and enforceable.
- Assignment. The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by OM without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
- Relationship of Parties. You agree that no joint venture, partnership, employment, or agency relationship exists between you and OM as a result of these Terms or your use of the PsyberGuide Website. You further acknowledge that by submitting information to OM, no confidential, fiduciary, contractually implied or other relationship is created between you and OM other than pursuant to these Terms.
- Survival. The Sections entitled “Privacy,” “Revisions to these Terms,” “Ownership,” “Content Disclaimer,” “Prohibited Uses,” “Information You Provide,” Third Party Sites,” “Intellectual Property Protection,” “Indemnification; Hold Harmless,” “Disclaimers; No Warranties,” “Limitation of Liability and Damages,” “Limitations by Applicable Law; Basis of the Bargain,” “International Access and Export Controls” and “Miscellaneous” will survive any termination of these Terms.
- Headings and Construction. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof. For purposes of these Terms, each of the words “include,” “includes” and “including” shall be deemed to be followed by the phrase “without limitation.” Whenever the context requires, the use in these Terms of the singular number shall be deemed to include the plural and vice versa. Except as otherwise stated, references herein to “Sections” refer to sections of these Terms.
- Entire Agreement. This is the entire agreement between you and OM relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. The Terms shall not be modified except in a writing signed by both parties or by a change to these Terms made by OM as set forth in these Terms.
- Filtering. Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two web sites GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that OM does not endorse any of the products or services listed at such site.
- Notice for California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the PsyberGuide Website, please send an e-mail to email@example.com. You may also contact us by writing to P.O. Box 680, Rutherford, CA 94573. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
- Time-Barred Claims. You and OM agree that any cause of action arising out of or related to the PsyberGuide website, the PsyberGuide resources or these terms must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.