TERMS OF USE FOR ONLINE THERAPY AND (WHERE APPLICABLE) FOR THIS WEBSITE IN GENERAL
1. Use of Website and Application
This website is owned by Westside Behavioral Care, Inc. (“Westside”, “WBC”, “we”, “us”, or “our”).
All of the pages, content, features, functionality, and services provided by WBC within the Website and Application(s) and any material made available for download are the property of WBC. All use of the Website and Application(s) are subject to these terms and conditions (“Terms of Use”). This Terms of Use constitutes a legally binding agreement. BY USING THE WEBSITE AND/OR APPLICATION(S), YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL OTHER TERMS AND POLICIES THAT APPEAR ON THIS WEBSITE AND/OR APPLICATION(S), REGARDLESS OF WHETHER YOUR ACCESS OR USE IS INTENDED. PLEASE READ THESE TERMS OF USE CAREFULLY. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF USE, DO NOT USE THE WEBSITE OR APPLICATION(S) AND DO NOT ENTER ANY INFORMATION TO WBC. YOUR AGREEMENT TO TERMS OF USE OF THE WEBSITE ALSO APPLIES TO YOUR USE OF THE APPLICATIONS. 2. Right to Modify We reserve the right to modify these Terms of Use at any time, effective upon posting. Your use of the Website and/or Applications following such changes will be deemed to be an acceptance of any changes. You agree to review these Terms of Use each time you use this Website and/or Application(s) so that you may be aware of any changes to these terms. 3. Access to the Website You or WBC may suspend, limit, or terminate your access to the Website or Application(s) at any time, for any reason or for no reason, with or without prior notice, and without liability. WBC has the right (but not the obligation) to refuse to provide access to the Website or Application(s) to any person or organization, or to prohibit any person or organization from using the Website or Application(s), at any time, for any reason or for no reason at all, in our sole discretion. You represent and warrant that you are at least 18 years of age and possess the legal right and ability to agree to these Terms of Use and to use the Website and Application(s) in accordance with these Terms of Use. If you are using the Website or Applications to access medical services for a minor, you represent that you are the minor’s parent or legal guardian and you are responsible and agree to these Terms of Use as they pertain to the minor. You also must be present during any and all use of the Website, Application(s), or any other services provided by WBC involving the minor and must be financially responsible for charges related to such care consistent with our internal policies, which is/was provided to you at the time of registration for our services. Access may be may be terminated without warning, if we believe that you are under 18 years of age. WBC maintains the Website and Application(s) from its offices located in the United States of America and makes no representation that materials on the Website or Application(s) are appropriate or available for use in other locations. If you access this Website or Application(s) from a location outside the United States, you do so: 1) at your own risk and initiative, 2) are responsible for compliance with all applicable laws at your location, and 3) agree to defend and hold harmless WBC for any issues arising as a result of such use. 4. Your Information To access the Website, Application(s) or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website or Application(s) that all the information you provide on the Website or Application(s) is correct, current, and complete. You agree that all information you provide to register with the Website or Application(s) or otherwise, including but not limited to through the use of any interactive features on the Website or Application(s), is governed by our Privacy Policy as provided on our Website or Application(s), and you consent to all actions we take with respect to your information consistent with our Privacy Policy. Any and all information you post or otherwise provide to WBC by means of this Website or Application(s) is true and accurate, not misleading, offered in good faith, and does not infringe on any rights of others. You understand that any misrepresentation about the patient’s history or condition may result in serious harm to yourself or others. You agree that any information you provide through the Website or Application(s) may be used to improve our service and product offerings or our Website or Application(s) and also to provide you with additional information about our products and services. We may use common Internet technologies, such as “cookies”, to manage the information we receive from you. Additionally, we may ask you to complete patient satisfaction surveys. WBC or its software vendor may analyze information submitted via these surveys as part of demographic studies and reports. If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or Application(s) or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. 5. Medical and Psychological Information The Website or Application(s) may contain general information relating to various medical conditions and their treatment. Such information is provided for informational purposes only. The content of this general information is not intended to be a substitute for professional medical advice, diagnosis, or treatment. The content relating to medical AND/OR MENTAL HEALTH conditions and their treatment is not meant to be a substitute for advice provided by a doctor or other qualified healthcare professionals. You should not disregard or delay seeking medical, psychiatric or psychological (mental health) advice based on anything that appears in the Website or Application(s). IF YOU ARE EXPERIENCING A MEDICAL, PSYCHIATRIC, OR PSYCHOLOGICAL (MENTAL HEALTH) EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY. YOU SHOULD NOT CONSTRUE GENERAL MENTAL HEALTH INFORMATION CONTAINED ON THE WEBSITE OR APPLICATION AS ANY WARRANTY OR RECOMMENDATION OF TREATMENT. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. 6. Intellectual Property All material contained in the Website or Application(s) (including but not limited to software, information, images, text, video, audio, design, selection and arrangement) is the property of WBC and/or its licensors and is protected by copyright, trademark, trade dress, patent, trade secret, and other intellectual property law. These Terms of Use permit you to use the Website or Application(s) for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website or Application(s) and the foregoing is strictly prohibited except as follows: 1) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; 2) you may store files that are automatically cached by your Web browser for display enhancement purposes; 3) you may print or download one copy of a reasonable number of pages of the Website or Application(s) for your own personal, non-commercial use and not for further reproduction, publication or distribution; 4) if we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications; and 5) if we provide social media features with certain content, you may take such actions as are enabled by such features. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website or Application(s) in breach of the Terms of Use, your right to use the Website or Application(s) will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or Application(s) or any content on the Website or Application(s) is transferred to you, and all rights not expressly granted are reserved by the WBC. Any use of the Website or Application(s) not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws. Nothing contained in this Website or Application(s) should be construed as granting any license or other right without the express written permission of WBC. 7. Geolocation Services WBC’s services may include and use certain functionality and services provided by third-parties that allow our WBC to utilize maps, geocoding, geolocating, and other services from the Internet. Your use of the geo-location services is subject to any third party providers’ then current terms of use and privacy policy and by using the geo-location services, you are agreeing to be bound by such terms of use and privacy policy. 8. Other Third-party Services WBC’s services may include and/or depend on certain functionality and services provided by other third-party companies. Your use of these services is subject to each third-party company’s then current terms of use. 9. Links to Other Websites The Website or Application(s) may contain links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement or recommendation by WBC of the content on such third-party websites or as an indication of any affiliation, sponsorship or endorsement of or by such third-party websites. If you use any links, you will leave the WBC Website or Application(s). WBC is not responsible for the content of linked third-party websites and does not make any representations regarding the privacy practices of, or any information or product or accuracy of materials found on such third-party websites. If you decide to access any of the third-party websites linked to this Website or Application(s), you do so entirely at your own risk and subject to the terms and conditions of such websites. 10. Prohibited Uses You agree not to: upload or transmit any communication or content of any type that infringes or violates any rights of any party. use, modify, sell, assign or transfer the content or reproduce, display, publicly perform, distribute, post, transmit or otherwise use this Website, Application(s), or any of its contents in any way for any public or commercial purpose. reverse engineer, disassemble or decompile any software included in the content. use the Website or Application(s) for any purpose in violation of local, state, national, or international laws. use the Website or Application(s) as a means to distribute or post advertising or other unsolicited material to any third party. impersonate any person or entity or falsely represent your identification or affiliation. allow another individual to utilize your account passwords and impersonate a registered user of the Website or Application(s). harvest or otherwise collect information about others. promote, encourage, or engage in defamatory, harassing, abusive, or otherwise objectionable behavior. interfere with the operation of the Website or Application(s). copy or distribute in any medium any part of the Website or Application(s). use another individual’s log-in credentials to access the Website or Application(s). refuse to provide proof of identity if requested by the staff of WBC. for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise. use the Website or Application(s) in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website or Application(s), including their ability to engage in real time activities through the Website or Application(s). use any robot, spider or other automatic device, process or means to access the Website or Application(s) for any purpose, including monitoring or copying any of the material on the Website or Application(s). use any manual process to monitor or copy any of the material on the Website or Application(s) or for any other unauthorized purpose without our prior written consent. introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful. attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website or Application(s), the server on which the Website or Application(s) is stored, or any server, computer or database connected to the Website or Application(s). attack the Website or Application(s) via a denial-of-service attack or a distributed denial-of-service attack. WBC reserves the right to investigate and take appropriate legal action against anyone who, in WBC’s sole discretion, violates this provision. 11. Promotions, Discounts & Coupons Terms & Conditions Any promotion, discount, or coupon you have may not be combined with other offers. Promotions, discounts, or coupons are not for resale and are not redeemable for cash. We reserve the right to discontinue or change any coupon, discount or promotional offer at any time, without notice. All conditions stated on the offer must be met to receive the discount (e.g. a coupon must be used before its expiration date). 12. No Warranty ACCESS TO THE WEBSITE AND APPLICATION(S) AND THE INFORMATION CONTAINED THEREIN IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WBC DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE MATERIALS ON THIS WEBSITE AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WBC DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WITH RESPECT TO ANY INFORMATION OBTAINED THROUGH THE WEBSITE. WITHOUT LIMITING THE FOREGOING, WBC DOES NOT WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES WBC MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE WEBSITE OR ANY OF THE INFORMATION CONTAINED THEREIN. YOU UNDERSTAND THAT WBC DOES NOT GUARANTEE THAT THE SERVICES LISTED ON OUR WEBSITE OR APPLICATION(S) WILL BE AVAILABLE IN YOUR AREA. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND APPLICATIONS AND YOUR RELIANCE UPON ANY OF ITS CONTENTS IS AT YOUR SOLE RISK. 13. Limitation of Liability IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE OR APPLICATION(S) OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE OR APPLICATION(S). UNDER NO CIRCUMSTANCES SHALL WBC OR ANY WBC LICENSOR, LICENSEE OR SUPPLIER BE LIABLE IN ANY WAY FOR YOUR USE OF THE WEBSITE OR APPLICATION(S) OR ANY OF ITS CONTENT INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSSES OR DAMAGES OF ANY KIND ARISING DIRECTLY OR INDIRECTLY OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE OR APPLICATION(S), AND ANY WEBSITE LINKED TO THE WEBSITE OR APPLICATION(S), OR THE MATERIALS OR INFORMATION CONTAINED ON ANY OR ALL SUCH WEBSITES OR APPLICATION(S). UNDER NO CIRCUMSTANCES SHALL WBC, ITS LICENSORS, LICENSEES OR SUPPLIERS OR PROVIDERS BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY RELEASE WBCAND HOLD WBCITS LICENSORS AND SUPPLIERS AND PROVIDERS HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE OR APPLICATION(S). YOU WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE. 14. Governing Law These Terms of Use and your use of the Website or Application(s) shall be governed by the laws of Colorado without regard to any conflict of laws principles. Any legal action, dispute or proceeding related to this Website shall be brought exclusively in a federal or state court of competent jurisdiction located in Colorado. 15. Term This Agreement shall remain in full force and effect while you use the WBC services or are a registered user. You may terminate your registration at any time, for any reason. WBC may terminate your user registration at any time, and for any reason, without warning. Even after user registration is terminated, this Agreement will remain in effect. 16. Limitation on Time to File Claims ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. 17. Waiver No waiver of by the WBC of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the WBC to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. 18. Indemnification You agree to defend, indemnify and hold harmless the WBC, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website or Application(s), including, but not limited to, content you upload, any use of the Website or Application’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website or Application(s). 19. Reliance on Information Posted The information presented on or through the Website or Application(s) or Application(s), or by anyone who may be informed of any of its contents. The Website or Application(s) may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the WBC, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the WBC. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. 20. Severability If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the parties hereto shall negotiate in good faith to modify these Terms and Conditions so as to effect the original intent of the parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.