TERMS OF USE
Last Modified: June 19, 2024

DO NOT USE THIS SERVICE FOR EMERGENCY PSYCHIATRIC OR MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL 911 (IN THE US) or 999 (IN THE UK), OR OTHER NATIONAL EMERGENCY PHONE NUMBER DEPENDING ON YOUR LOCATION OR PRESENT TO YOUR NEAREST EMERGENCY ROOM.
National Suicide Prevention Lifeline: 1-800-273-8255
Crisis Text Line: Reach out via text to 741741
If you are thinking about suicide or if you are considering taking actions that may cause harm to you or to others or if you feel that you or any other person may be in any danger or if you have any medical emergency, you must immediately call the relevant emergency service number, notify the relevant authorities, and seek immediate in-person assistance. The Mentally Well Now website displays the suicide hotline in the footer section of each page and has an index of national resources for mental health emergencies which we implore all users of this site to use when faced with an immediate or emergent crisis.
1. ACCEPTANCE OF TERMS
These TOU are entered into by and between You and Mental Health Connector, LLC ("Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "TOU"), govern your access to and use of Mental Health Connector Website, Directory, and Community, including any content, functionality, and services, including the Service (as defined below), offered on or through MentalHealthConnector.com (the "Website"), whether as a guest or a registered user. PLEASE BE AWARE THAT OUR AFFILIATE PROGRAM HAS ADDITIONAL TERMS OF USE THAT MUST BE VIEWED IN ORDER TO USE THAT SYSTEM. Please read the TOU carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the TOU when this option is made available to you, you accept and agree to be bound and abide by these TOU and our Privacy Policy, found at [PRIVACY POLICY URL], incorporated herein by reference. If you do not want to agree to these TOU or the Privacy Policy, you must not access or use the Website. The Website may, in its sole discretion, preserve or disclose your Content (as hereinafter defined), as well as your information, such as email addresses, IP addresses, timestamps, and other user information. Your personal information is further governed by our Privacy Policy.
The Website provides a collection of online resources, including psychoeducational support, forums, catalogs, and various email services available on or through the Website (referred to hereafter as the “Service”). THE WEBSITE IS FOR DIRECTORY AND EDUCATIONAL PURPOSES ONLY. IT IS NOT INTENDED TO REPLACE THE CARE OF YOUR HEALTH CARE PROVIDER AND DOES NOT ESTABLISH A PATIENT-PROVIDER RELATIONSHIP. You should not rely on this information as a substitute for, nor does it replace, professional mental health providers, diagnosis, or treatment.  If you have any concerns or questions about your mental health, you should always consult with a mental health professional or other health-care professional. This Website is not intended to diagnose, treat, cure or prevent any mental illness or disease. You assume full responsibility for consulting a qualified health professional regarding health conditions or concerns, and before starting a new therapeutic program.
Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through the Website or the Service. The use of any information provided on this Website is solely at your own risk. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Website or the Service. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content. Never disregard professional advice, including medical advice, or delay in seeking it, because of something you have read on this Service. We do not recommend or endorse any specific professionals, tests, products, procedures, opinions, or other information that may be mentioned on the Website. Reliance on any information provided by us, our employees, others appearing on the Website at our invitation or other visitors to the Website is solely at your own risk. Your use of the Website is a privilege. By using the Website in any way, you are agreeing to comply with the TOU. In addition, when using particular the Website services, you agree to abide by any applicable posted guidelines for all the Website services, which may change from time to time. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Website in any way, your only recourse is to immediately discontinue use of the Website.
DEFINITIONS

1. Parties. “You” and “your” refer to you, as a user of the Website or Service. A “user” is someone who accesses or in any way accesses the Website or uses the Service. “We,” “us,” and “our” refer to the Company and its subsidiaries.
2. Content. “Content” means advertisements, postings, messages, text, files, images, photos, audio, video, and all other forms of data or communication. “Your Content” means Content that you submit or transmit to, through, or in connection with the Website or the Service, such as ratings, reviews, photos, videos, compliments, invitations, check-ins, votes, friending and following activity, direct messages, information that you contribute to your user profile or suggest for a business page, and any other Content that you otherwise make available via the Website or the Service. “User Content” means Content that other users submit or transmit to, through, or in connection with the Website or the Service. “Mentally Well NOW Content” means Content that we create and make available in connection with the Website or the Service. “Third Party Content” means Content that originates from parties other than the Company or its users, which is made available in connection with the Website or the Service. “Service Content” means all of the Content that is made available in connection with the Service, including Your Content, User Content, Mentally Well NOW Content, and Third Party Content.

2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these TOU and any terms and conditions at any time. All modifications shall become effective immediately upon the posting thereof and apply to all access to and use of the Website thereafter. You are expected to review this page containing the TOU on a regular basis to keep yourself apprised of any changes, as they are binding on you. You understand and agree that your continued access to or use of the Website after the effective date of changes to the TOU represents your acceptance of such changes.
3. ELIGIBILITY FOR USE
The Company reserves some parts of the Website exclusively for professional, licensed healthcare providers/instructors acceptable to the Company in its sole discretion. Although the Company attempts to limit the use of these parts of the Website to such licensed healthcare providers, nothing herein shall create any right of action against the Company for failing to adequately screen potential providers or prevent the use of the Website or the Service by users who are not professional healthcare providers.
You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Website. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
Your account is for your personal, non-commercial use only, and you may not create or use an account for anyone other than yourself. We ask that you provide complete and accurate information about yourself when creating an account in order to bolster your credibility as a contributor to the Website. You may not impersonate someone else, provide an email address other than your own, create multiple accounts other than allowed as stated as allowable by the Website, or transfer your account to another person without the Company’s prior approval.
4. CONTENT
All of Your Content must comply with the content standards set out in this TOU. You understand that all Content posted on, transmitted through, or linked from the Website is the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item of Your Content that you post, email or otherwise make available via the Website. Likewise, if you request the assistance of the Company to post Your Content, or if you imply consent that the Website may post Your Content on your behalf, either by written or oral means, or you fail to inform the Company that Your Content should be removed, you are fully responsible for Your Content. You waive any and all claims against the Company and the Website of a right of publicity for your image or likeness throughout the world by posting any information or pictures of yourself on the Website. You understand that the Company does not control, and is not responsible for personal Content made available through the Website, and that by using the Website, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. When you post Your Content to the Website, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the Content on the Website. By posting Content to any part of the Website or the Service, you automatically grant, and you represent and warrant that you have the right to grant, to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, and  an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Content for any purpose on or in connection with the Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. Furthermore, the Website, and Content available through the Website, may contain links to other websites, which are completely independent of the Website. The Company makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Following links to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will the Company be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Website. You acknowledge that the Company does not pre-screen or approve Content, but that the Company shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Website, for violating the letter or spirit of the TOU or for any other reason.
You represent and warrant that: (a) you own or control all rights in and to the Your Content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and (b) all of Your Content does and will comply with these TOU.
You understand and acknowledge that you are responsible for any Content that you submit or contribute, and you, not the Company, have full responsibility for Your Content, including its legality, reliability, accuracy, and appropriateness.
Ownership. As between you and the Company, you own Your Content. We own the Mental Health Connector Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation (including, but not limited to, our selection, coordination, aggregation, and arrangement of User Content), computer code, products, software, aggregate star ratings, and all other elements and components of the Website, excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual and proprietary rights throughout the world associated with the Mentally Well NOW Content and the Service, which are protected by copyright, trade dress, patent, trademark, and trade secret laws and all other applicable intellectual and proprietary rights and laws. As such, you may not sell, license, copy, publish, modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way use or exploit any of the Mentally Well NOW Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Service and the Mental Health Connector Content are retained by us.
Advertising. The Company and our licensees may publicly display advertisements, paid content, and other information nearby or in association with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
5. THIRD PARTY CONTENT, SITES, AND SERVICES
The Website and Content available on the Website may contain features and functionalities that may link you or provide you with access to third-party content which is completely independent of the Website, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Website, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. We do not guarantee the quality, safety or legality of, any Content, the truth or accuracy of the descriptions of any goods or services offered for sale, the right of the sellers to sell or license any such goods or services, or the ability of any buyer to purchase any such goods or services.
You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between users of the Website or the Service. If there is a dispute between users of the Website or the Service, or between users and any third party, you understand and agree that the Company is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby forever release the Company, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Service.
6. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please send your notice (“Notice”) to the following email:
concerns@mentalhealthconnector.com.
Please include the following with your Notice:

1. The identity of the material on the Website that you claim is infringing, in sufficient detail so that we may locate it on the Website;
2. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
3. Your address, telephone number, and email address;
4. A statement by you declaring under penalty of perjury that (i) the above information in your Notice is accurate, and (ii) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; and
5. Your physical or electronic signature.

7. CONDUCT
You agree not to post, email, or otherwise make available Content:

• that contains URLs or links to web sites that compete with the Service;
• that contains copyrighted material (unless you own the copyright or have the owner's permission to post the copyrighted material); 
• that contains trade secrets (unless you own them or have the owner's permission to post them); 
• that contains material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others; 
• that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
• that is pornographic or depicts a human being engaged in sexual activities or exposing sexual organs unfitting for the Service;
• that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• that suggests a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
• that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability;
• with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract;
• that impersonates any person or entity (living or dead), including, but not limited to, a Company employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
• that includes personal or identifying information about another person without that person’s explicit consent;
• that is fraudulent, false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;
• that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
• that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
• that constitutes or contains any form of advertising or solicitation if posted in areas of the Website which are not designated for such purposes;
• that is emailed to users of the Website who have not indicated in writing that it is ok to contact them about other services, products or commercial interests. that includes links to commercial services or web sites, except as specifically permitted;
• that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law;
• that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website; or
• that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Website.

Additionally, you agree not to:

• contact anyone who has asked not to be contacted;
• “stalk” or otherwise harass anyone;
• collect personal data about other users for commercial or unlawful purposes;
• use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Website – unless expressly permitted by the Company;
• post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
• post the same item or service in more than one classified category or forum;
• attempt to gain unauthorized access to the Company’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Website;
• or use any form of automated device or computer program that enables the submission of Content on the Website without such Content being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit Content in bulk, or for automatic submission of Content at regular intervals;
• post content that is financially supported by the pharmaceutical industry without disclosing this information;
• post content regarding "off-label", meaning not FDA approved, use of medications without clearly disclosing that this is an off-label use of the medication;
• post any content that falsely misrepresents or is dependent on insurance reimbursement without having the appropriate insurance contracts or documentation, ie. you may not use the Website in any format that could be interpreted as insurance fraud;
• respond to postings by other users in any manner or for any purpose other than that which is expected. Responses soliciting business are prohibited; 
• send (or encourage or help others to send) unsolicited commercial email to our users.
• delete or revise any material posted by any other person or entity; or
• engage in any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying the Website.

Furthermore, professional healthcare providers agree to:

• Abide by the professional standards of your license and governing bodies, including, but not limited to, maintaining an active license with your professional board;
• You must be aware and compliant with any applicable limitations of the jurisdiction of your license. It is the sole responsibility of the posting provider/instructor to follow any applicable location-based restrictions on your service;
• You must maintain any required malpractice insurance as it pertains to your license. the Company takes no responsibility for the liability of the content of your posting or results (or lack thereof) of the work provided by the healthcare provider/instructor of the directory;
• Notify the Company immediately of any change in your licensure;
• Fully disclose to clients seeking your services your own privacy policy and terms of use, including any privacy policies pertaining to HIPAA and any terms of use that designate the provision of a patient-provider relationship. It is the full responsibility of listing healthcare providers/instructors to maintain, disclose, and abide by their own privacy policy and terms of use in addition to the TOU and Privacy Policy of the Company; and 
• Report inappropriate postings or conduct to abuse@mentalhealthconnector.com

If we are notified by a user that any user materials on the Website or the Service violate these rules, we may investigate and determine in good faith whether we agree with such allegation, in which case we may remove or request the removal of user materials. We are not required to make any such investigation or to remove any user materials, and we will not be liable to any user for taking or not taking such actions.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
8. POSTING AGENTS
A “Posting Agent” is a third-party agent, service, or intermediary that offers to post Content to the Website on behalf of others. To moderate demands on the Website’s resources, you may not use a Posting Agent to post Content to the Website without express permission or license from the Company. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Website to facilitate posting Content on behalf of others, except with express permission or license from the Company.
9. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to the Company’s email addresses or through the Company’s computer systems is expressly prohibited by these TOU. Any unauthorized use of the Company’s computer systems is a violation of the TOU and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties. Partner Memberships in Mentally Well Provider are prohibited from sending unsolicited messages to other members of the directories (Mentally Well Now and Mentally Well Provider).
10. PAID POSTINGS
We may charge a fee to post Content in some areas of the Website. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Website is responsible for said Content and compliance with the TOU. All fees paid will be non-refundable in the event that Content is removed from the Website for violating the TOU.  Fees collected for specific services, such as subscription services and advertising, are non-refundable unless otherwise stated in writing for a specific promotional program.
11. LIMITATIONS ON USE
You acknowledge that the Company may establish limits concerning use of the Website including the maximum number of days that Content will be retained by the Website, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Website, and the frequency with which you may access the Website. You agree that the Company has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Website. You acknowledge that the Company reserves the right at any time to modify or discontinue the Website or the Service (or any part thereof) with or without notice, and that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
12. ACCESS TO THE SERVICE AND ACCOUNT SECURITY
WE MAKE NO WARRANTY ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SITE. WE MAKE NO WARRANTY THAT THE SITE’S SERVICE WILL BE UNINTERRUPTED, THE SITE’S FUNCTIONS SHALL BE ERROR-FREE OR, THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. You are responsible for both: (a) making all arrangements necessary for you to have access to the Website, and (b) ensuring that all persons who access the Website through your internet connection are aware of these TOU and comply with them.
The Company grants you a limited, revocable, nonexclusive license to access the Website for your own personal use. This license does not include: (a) access to the Website by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Website nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by the Company. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Website, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engine” does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as decorative goods or furniture, or which is in the business of providing classified ad listing services.
The Company does not permit you to display on your website, or create a hyperlink on your website to, individual postings on the Service, absent express permission granted by the Company to do so. You may create a hyperlink to the home page of the Website so long as the link does not portray the Website its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.
The Company may offer various parts of the Website in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. The Company permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to “Mentally Well Now” as the source, (d) your use or display does not suggest that the Company promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden the Website’s systems. The Company reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.
Use of the Website or the Service beyond the scope of authorized access granted to you by the Company immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Website or the Service or any Content made available via the Website or the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a written license from the Company that has been signed by one of the Company’s authorized representatives.
To access the Website 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 that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
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 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 TOU.

13. TERMINATION OF SERVICE
You agree that the Company, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Website (or any part thereof), immediately and without notice, and remove and discard any Content within the Website or Service, for any reason, including, without limitation, if the Company believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that the Company shall not be liable to you or any third-party for any termination of your access to the Website or the Service. Further, you agree not to attempt to use the Website or the Service after said termination.
14. PROPRIETARY RIGHTS
The Service and Website, and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Content displayed on or through the Website or the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. These TOU permit you to use the Website for your personal, non-commercial use only. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of the Company. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of the Company, and agree to abide by any and all copyright notices displayed on the Website. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Website. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Website. “Mentally Well Now” as well as certain other of the names, logos, and materials displayed on the Website constitute trademarks, trade names, service marks or logos (“Marks”) of the Company, or its affiliates or licensors. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associate therewith remains with the Company, or its affiliates or licensors, as applicable. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the TOU, your right to use the Website will stop 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 any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these TOU is a breach of these TOU and may violate copyright, trademark, and other laws.
Although the Company does not claim ownership of Content that its users post, by posting Content to any public area of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute Your Content and to prepare derivative works of, or incorporate into other works, Your Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Website, you automatically grant the Company all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Website by any party for any purpose.
15. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE WEBSITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR THE SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE OR THE SERVICE, INCLUDING WITHOUT LIMITATION, WARRANTY OF TITLE TO OR DELIVERY OF ANY GOOD OR SERVICE, ANY WARRANTY WITH RESPECT TO INTELLECTUAL PROPERTY RIGHTS IN ANY GOOD OR SERVICE, ANY WARRANTY THAT ANY GOOD OR SERVICE CONFORMS TO ITS DESCRIPTION OR THE COLORS, TEXTURE AND DETAIL SHOWN ON THE USER’S COMPUTER MONITOR. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE WEBSITE OR THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY, THE WEBSITE OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
16. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR THE SERVICE, FROM INABILITY TO USE THE WEBSITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE WEBSITE OR THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

17. INDEMNITY
You agree to  defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees, including reasonable attorney fees and court costs, made by any third party relating to or arising out of Content you submit, post or make available through the Website or the Service, your use of the Website or the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another, your breach of your representations and warranties provided under this TOU, any products or services purchased or obtained by you in connection with the Website or the Service, your products or services, or the marketing or provision thereof to end users, or the infringement by you, or any third party using your account, of any intellectual property or other rights of any person or entity.
18. GENERAL INFORMATION
The TOU, and any additional terms to which you agree when using particular elements of the Website or the Service, constitutes the entire agreement between you and the Company and governs your use of the Website or the Service, superseding any prior agreement between you and the Company. The failure of the Company to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TOU 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.
19. GOVERNING LAW AND JURISDICTION; DISPUTE RESOLUTION
All matters relating to the Website, the Service, and these TOU, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these the Website, the Service, or these TOU shall be instituted exclusively in the federal courts of the United States or the courts of the State of North Carolina in each case located in the City of Charlotte and County of Mecklenburg. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
At the Company's sole discretion, it may require you to submit any disputes arising from these TOU or use of the Website or the Service, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying North Carolina law.

20. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the TOU by sending an email to concerns@mentalhealthconnector.com.
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.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for the Company to pursue legal action to enforce the TOU, you will be liable to pay the Company the following amounts as liquidated damages, which you accept as reasonable estimates of the Company’s damages for the specified breaches of the TOU:
If you post a message that (i) impersonates any person or entity; (ii) falsely states or otherwise misrepresents your affiliation with a person or entity; or (iii) that includes personal or identifying information about another person without that person’s explicit consent, you agree to pay the Company one thousand dollars ($1,000) for each such message. This provision does not apply to messages that are lawful non-deceptive parodies of public figures.
If the Company establishes limits on the frequency with which you may access the Service or the Website, or terminates your access to or use of the Service or the Website, you agree to pay the Company one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access the Website in excess of such limits, whichever is higher.
If you send unsolicited email advertisements to the Company’s email addresses or through the Company’s computer systems, you agree to pay the Company twenty five dollars ($25) for each such email.
If you post Content in violation of the TOU, other than as described above, you agree to pay the Company one hundred dollars ($100) for each item of Content posted. In its sole discretion, the Company may elect to issue a warning before assessing damages.
If you are a Posting Agent that uses the Service or Website in violation of the TOU, in addition to any liquidated damages under clause (d), you agree to pay the Company one hundred dollars ($100) for each and every item of Content posted in violation of the TOU. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the “Principal”), and the Principal (by engaging the Posting Agent in violation of the TOU) agrees to pay the Company an additional one hundred dollars ($100) for each item of Content posted by the Posting Agent on behalf of the principal in violation of the TOU.
If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of the TOU without the Company’s express written permission, you agree to pay the Company three thousand dollars ($3,000) for each day on which you engage in such conduct.
Notwithstanding any other provision of the TOU, the Company retains the right to seek the remedy of specific performance of any term contained in the TOU, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the TOU, or to seek to recover damages arising from or relating to a violation of this TOU or any combination thereof.
21. HIPAA AND MEDICAL SERVICES
None of the information you disclose through the Website or Service qualifies as "Protected Health Information" (as defined under HIPAA or any state law that defines such term). The Company is not and shall not be construed as a "Business Associate" (as defined under the Health Insurance Portability and Accountability Act of 1996, the Health Information Technology for Economics and Clinical Health Act, or the implementing regulations of these laws found at 45 C.F.R. Parts 160, 162 and 164 (collectively, "HIPAA")).
The professionals who post Content to our Website are not employed by us.  Each professional is solely responsible for his or her Content posted. Each professional owns the copyright to the Content they upload. We do not undertake responsibility for screening or monitoring our professionals’ Content. The opinions expressed by the professionals are their own and are not our opinions or endorsed by us. The Company in no way represents, warrants or presents itself to be a licensed medical entity or a provider of medical services.
We do not endorse, and nothing on the Website shall be deemed to be an endorsement, representation or warranty of, any third party (including our directory members, users and bloggers), whether in relation to such third party’s products, services, websites, experience or background or otherwise. We do not make any representations or warranties with regard to any materials posted by our users, directory members or bloggers. The information in our directories is provided exclusively by participating professionals. When you see the “Verified By” seal, it means we have made good faith, reasonable efforts to verify the following and have found no contrary information:
i) The name and contact details provided by the professional.
ii) That the professional's license, if applicable, is valid within the state in which he or she practices.
iii) That the professional is not subject to any license strictures preventing practice.
22. ENTIRE AGREEMENT
The TOU and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website and the Service.
23. YOUR COMMENTS AND CONCERNS
This website is operated by Mental Health Connector, a North Carolina limited liability company.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@mentalhealthconnector.com.