The following terms of use (the “Agreement”) govern all use of the mentalhealthisforeveryone.com website (the “Site”) and the services available on or at the Site (taken together with the Site, the “Service”). The Service is owned and operated by the Depression and Bipolar Alliance, Portland Eastside Chapter and its affiliated companies and subsidiaries (“DBSA Portland”, “we”, “our”, “us”, etc.). The service is offered subject to your (the “User”, “you” “your”) acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by DBSA Portland – including, without limitation, Privacy Policy and others. If you do not agree this Agreement, do not use the Site.
1. Access
DBSA Portland may change, suspend or discontinue the Service at any time, including the availability of any feature, or content, or product. We may also impose limits on certain features or restrict User’s access to parts or all of the Service without notice or liability. The User certifies to us that if User is an individual (i.e., not a corporation) the User is at least 18 years of age. The User also certifies that it is legally permitted to use the Service, or are accessing the Site under the supervision of a parent or legal guardian, and takes full responsibility for the selection and use of the Service. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.
2. Modifications
DBSA Portland reserves the right, at its discretion, to modify this Agreement, terms at any time. The User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by the User following such notification constitutes the User’s acceptance of the terms and conditions of changes as modified.
3. Content
3.1. Not healthcare information. Information on the Site is not meant to replace consultation with a qualified health care provider. Users are encouraged to discuss information found on the Site with their health care providers. DBSA Portland, its officers, directors, employees and volunteers do not endorse or recommend the use of any health care provider, institution, treatment or medication. For advice about specific treatments or medications individuals should consult with their health care providers.
3.2. Internet Links. Organizations are free to link to the Site with the understanding that individual pages may be subject to change or deletion. The Site may contain links to other organizations that may provide useful information for users. Links may also exist from third party websites to the Site. Users acknowledge that DBSA Portland is not in control of these sites and cannot control their content or practices. Existence of a link to or from the Site does not indicate endorsement of any individual, organization, product or practice by DBSA Portland, its officers, directors, employees, or volunteers.
4. Use of the Service
We grant you a limited, non-exclusive, non-transferable, and revocable license to use the Service, platforms, and integrations subject to this Agreement and the following restrictions in particular:
i. Illegal Activity. You agree that you will not violate any laws in connection with your use of the Service. This includes any local, state, federal, and international laws that may apply to you or us. For example, it’s you must not engage in fraud, theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against us, another DBSA Portland member, or a third party.
ii. Service Exploitation. You agree not to interfere with or try to disrupt our Service, for example by distributing a virus or other harmful computer code into our platforms, third party services, or other programs or systems our clients may use to promote their Products. You agree that we reserve the right to audit our platforms (systems) to ensure integrity and compliance with this Agreement, at our sole discretion.
iii. Inappropriate, False, or Misleading Content. You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, illegal or otherwise offensive or in violation of any part of this Agreement. You also agree not to post any Content that is false and misleading or uses the Service in a manner that is fraudulent or deceptive.
iv. Communication Methods. DBSA Portland will provide you with certain legal information in writing. By using our Service, you’re agreeing to our communication methods which describes how we provide that information to you. This simply means that we reserve the right to send you information electronically (by email, etc.) instead of mailing you paper copies.
5. Warranties and limitation of liability
5.1. Warranties. Our Service is provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade. We do not guarantee that:
i. the Service will be secure or available at any particular time or location;
ii. any and all errors for which DBSA Portland is responsible will be corrected;
iii. the Service will always be free of viruses or other harmful materials; or
iv. the results of using the Service will meet your expectations. You use the Service solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.
5.2. Liability Limits. To the fullest extent permitted by law, neither DBSA Portland, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the Service or this Agreement.
6. Release
You release us (and our officers, directors, agents, subsidiaries, joint ventures, employees, and volunteers) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
7. Ownership
7.1. Intellectual Property. You agree that use of the Service does not constitute any basis for ownership of the Site and that we, our affiliates or our licensors own all legal right, title, and interest in and to the Site and all information, materials, images, software, photographs, articles, functions, text, and other content solely provided by or on our behalf on the Site (specifically excluding any User Content that is, as between you and us, your property but licensed to us). The Site and the selection and arrangement thereof, are protected under the copyright laws and other intellectual property laws of the United States and other countries. We reserve all rights not expressly granted herein in and to the Site. Unless otherwise noted, our name and all other trademarks, service marks, trade names, logos or other designations of source displayed on the Site are our property, or that of our affiliates or licensors. All third party trademarks, service marks, trade names, logos or other designations of source are the property of their respective owners. Nothing on the Site shall be construed as granting any license or right not expressly set forth herein.
7.2. Distribution of Content. No content contained on this Site may be downloaded, printed or distributed via print or electronic format for any commercial use without prior written consent from DBSA Portland. Downloadable content (including but not limited to brochures, workbooks and guides) may be made available free of charge on this Site for non-commercial, educational use. This content may be downloaded, printed and duplicated in entirety without alteration in limited quantity for personal use. Unless otherwise indicated on the page providing access, other information found on this Site may be printed and duplicated and distributed in limited quantity for non-commercial, educational purposes.
7.3. Support Group Directory. The support group directory listings published on this Site are provided for confidential use by DBSA Portland members. Information in this directory may not be used for solicitation purposes.
8. Indemnity
You will indemnify and hold DBSA Portland (and its officers, directors, agents, subsidiaries, joint ventures, employees, and volunteers) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party (including your Customer) due to or arising out of your breach of this Agreement, your use (or misuse) of our Service, or your infringement of someone else’s rights, or your violation of any law or the rights of a third party. We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us, so we can execute our strategy.
9. Disputes, Law & Jurisdiction
9.1. Governing Law. This Agreement (including any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims)) shall be interpreted and governed by the laws of the state of Oregon. Each party hereby agrees to submit to the jurisdiction of the Oregonian courts and to waive any objections based upon venue.
9.2. Arbitration. Any disputes, controversies, or differences arising out of the implementation, interpretation, performance of this Agreement, shall be finally settled through arbitration by a single arbitrator to be appointed in accordance with the rules of Chartered Institute of Arbitrators. The arbitrator shall be a person who is legally trained and who has experience in the information technology field and is independent of either party. The venue of the arbitration shall be Portland, Oregon. The language used in the arbitration proceedings shall be English. The award of the arbitrator shall be final and binding and may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through competent courts, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.
10. General
No agency, partnership, joint venture, employee-employer, franchiser-franchisee relationship, etc. is intended or created by this Agreement.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement upon notice to you. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
DBSA Portland reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.