A. ACCEPTANCE OF TERMS
B. DEFINED TERMS
One of the Services offered through this Site is a collaboration service known as the Bellwether Behavioral Health Program. Information, materials, files, communications, and documents that are posted by users in conjunction with this service are referred to collectively as “Project Content.” The group of persons among which the collaboration takes place is referred to herein as the “Work Group.” All other user-supplied information, materials, files, communications, and documents, excluding the Project Content, are referred to collectively as “User Content.” “Bellwether Behavioral Health Content” means all Materials provided by Bellwether Behavioral Health. Project Content, User Content, and Bellwether Behavioral Health Content may have different restrictions and conditions associated with them.
C. TYPES OF USERS
Please be aware that certain activities on this Site, such as the Bellwether Behavioral Health Program, are available only to persons invited by Bellwether Behavioral Health to participate in such activities.
D. INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS
In addition to the Materials and Services offered by Bellwether Behavioral Health, this Site may also make available materials, information, and services provided by third parties (collectively, the “Third Party Services”). The Third Party Services may be governed by separate license agreements that accompany such services. Bellwether Behavioral Health offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Services, including any liability resulting from incompatibility between the Third Party Services and the Materials and Services offered by Bellwether Behavioral Health. You agree that you will not hold Bellwether Behavioral Health responsible or liable with respect to the Third Party Services or seek to do so.
Except as expressly indicated to the contrary elsewhere on this Site, you may view, download, and print the Bellwether Behavioral Health Content and User Content available on this Site subject to the following conditions:
The rights specified above to view, download, and print the Bellwether Behavioral Health Content and User Content available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
E. TRADEMARK INFORMATION
The trademarks, logos, and service marks (“Marks”) displayed on this Site are the property of Bellwether Behavioral Health or other third parties. You are not permitted to use the Marks without the prior written consent of Bellwether Behavioral Health or such third party that may own the Marks.
F. LICENSE TO ADVOSERV FOR USER CONTENT
Certain Services offered through this Site accommodate or require User Content. Depending upon the nature of the Service, by submitting User Content to this Site you grant Bellwether Behavioral Health one of the following types of licenses:
G. LICENSE TO ADVOSERV FOR PROJECT CONTENT
For Project Content that is intended to be accessible only to members of your Work Group, you grant Bellwether Behavioral Health the right to copy, display, distribute, and otherwise use such Project Content in connection with operation of the Bellwether Behavioral Health Program. You agree that Bellwether Behavioral Health may access and/or disclose such Project Content if Bellwether Behavioral Health has a good faith belief that it must do so to (a) perform system administration, such as diagnosing and correcting problems, or testing any aspect of the Bellwether Behavioral Health Program; (b) respond to a valid court order or subpoena; (c) comply with legislation or regulations, including, without limitation, the Digital Millennium Copyright Act; (d) investigate complaints; or (e) protect Bellwether Behavioral Health or others from liability or damages. Bellwether Behavioral Health has no obligation to retain Project Content and you agree that Bellwether Behavioral Health shall not be liable for any failure to store Project Content.
H. PROHIBITED COMMUNICATIONS
You may submit only User Content or Project Content to the Site that is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, harassing, libelous, offensive, defamatory, obscene, or pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Violation of these restrictions may result in denial of or limitations on access by you to this Site.
I. USER CONDUCT
In using the Site, including all Services and Materials available through it, you agree: not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked sites; not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files; not to create a false identity; not to use or attempt to use another’s account, password, service, or system without authorization from Bellwether Behavioral Health; not to access or attempt to access any Project Content which you are not authorized to access; not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites.
J. MANAGING CONTENT AND COMMUNICATIONS
Bellwether Behavioral Health reserves the right, in its sole discretion, to delete or remove User Content from the Site and to restrict, suspend, or terminate your access to all or part of this Site, at any time without prior notice or liability. Bellwether Behavioral Health may, but is not obligated to, monitor or review any areas on the Site where users transmit or post User Content, including but not limited to areas where Services are available, and the substance of any User Content. To the maximum extent permitted by law, Bellwether Behavioral Health will have no liability related to User Content or Project Content. Bellwether Behavioral Health disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Content or Project Content.
K. WARRANTIES AND DISCLAIMERS
Except as expressly provided otherwise in a written agreement between you and Bellwether Behavioral Health or you and a third party with respect to such party’s materials or services, this Site, and all Materials and Services accessible through this Site are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, Bellwether Behavioral Health makes no warranty that (i) the Services and Materials will meet your requirements; (ii) the Services and Materials will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Services or Materials will be effective, accurate, or reliable; (iv) the quality of any Products, Services, or Materials obtained or accessible by you through the Site will meet your expectations; and (v) any errors in the Services or Materials obtained through the Site, or any defects in the Site, its Services or Materials, will be corrected.
This Site could include technical or other mistakes, inaccuracies, or typographical errors. Bellwether Behavioral Health may make changes to the Materials and Services at this Site at any time without notice. The Materials or Services at this Site may be out of date, and Bellwether Behavioral Health makes no commitment to update such Materials or Services.
You understand and acknowledge that (i) Bellwether Behavioral Health does not control, endorse, or accept responsibility for any content, products, or services offered by third parties through the Site, including, without limitation, third party vendors and third parties accessible through links on the Site; (ii) Bellwether Behavioral Health makes no representation or warranties whatsoever about any such third parties, their content, products, or services; (iii) any dealings you may have with such third parties are at your own risk; and (iv) Bellwether Behavioral Health shall not be liable or responsible for any content, products, or services offered by third parties.
L. PERSONAL INFORMATION AND PRIVACY
Except as otherwise expressly set forth herein, your personal information will be deemed to be confidential. With the exception of Project Content and certain types of User Content, any non-personal information or material sent to Bellwether Behavioral Health will generally be deemed to NOT be confidential. In any case, you understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of Bellwether Behavioral Health or others.
M. LIMITATION OF LIABILITY
In no event, including, without limitation, negligence, shall Bellwether Behavioral Health, its subsidiaries, affiliates, agents, officers, directors, employees, partners, or suppliers be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data, or profits, whether or not Bellwether Behavioral Health has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of or the inability to use this Site, its Services, or Materials, the statements or actions of any third party on or through the Site, any dealings with vendors or other third parties, any unauthorized access to or alteration of your transmissions or data, any information that is sent or received or not sent or received, any failure to store or loss of data, files, or other content, any Services available through the Site that are delayed or interrupted, or any website referenced or linked to or from this Site.
N. INDEMNITY AND LIABILITY
O. GOVERNING LAW AND JURISDICTION
This Site (excluding linked sites) is controlled by Bellwether Behavioral Health from its offices within the State of Delaware, United States of America. By accessing this Site, you and Bellwether Behavioral Health agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Delaware, without regard to the conflicts of laws principles thereof. You and Bellwether Behavioral Health also agree and hereby submit to the exclusive personal jurisdiction and venue of the Courts within the State of Delaware with respect to such matters.