Terms of use

Ignite Mental Health is a non-profit project of a national a 501c.3 non-profit organization.  We will retain this status until our incorporation as a stand alone non-profit is complete. Ignite Mental Health is working to create world where everybody has the hope, knowledge, access to resources and supportive community to avoid, overcome or effectively manage mental health challenges. 

 

This website (www.ignitemh.org)  is controlled, operated and administered by Ignite Mental Health  ("Ignite Mental Health ", "Organization," "we," "our," or "us"). All inquiries may be directed to: 

Postal Address: Attn: Sean Burke (Ignite Mental Health) Harvard Innovation Lab, 125 Western Ave, Allston, 02134, MA, USA 

Email: info@ignitemh.org 

Ignite Mental Health and its affiliates and subsidiaries (together “Organization”, “we,” or “us”) provide the website located at www.ignitemh.org, and the various related websites, software, mobile applications, networks, and other services on which a link to these Terms of Use is displayed (collectively, our “Sites”). By accessing or using any aspect of the Sites, or by clicking to accept or agree to these Terms of Use when this option is made available to you, you accept and agree that you have read, understood, and agree to be bound and abide by these Terms of Use and the Privacy Policy ( www.ignitemh.org/privacy-policy/ ).

Your access to and use of our Sites is subject to the following terms of use (these "Terms of Use") as well as our Privacy Policy  and all applicable statutes, orders, regulations, rules, and other laws. By accessing and browsing (or otherwise using the Sites), you accept and agree to be bound by these Terms of Use and Privacy Policy, which are conditions of permission to access the Sites. Accessing and browsing or otherwise using the Sites, indicates your acceptance to be bound by these Terms of Use and Privacy Policy. Please read these Terms of Use and Privacy Policy carefully before using the Sites. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Sites.  

The form and nature of the services, content and all information posted on the Sites is subject to change without notice. In addition, these Terms of Use may be changed, altered or modified at any time without prior notice. The Organization will make such changes by posting them here. You should check this page periodically for such changes. You can determine when these Terms of Use were last revised by referring to the "LAST UPDATED" legend at the bottom of these Terms of Use. Your continued access of the Sites after such changes conclusively demonstrates your acceptance of those changes. If you use the Sites after a change is posted, you are considered to have accepted the changes. 

We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Sites, with or without notice; charge fees in connection with the use of the Sites; modify and/or waive any fees charged in connection with the Sites; and/or offer opportunities to some or all users of the Sites. 

In these Terms of Use and Privacy Policy, "Affiliated Entities" means any direct or indirect parent, subsidiaries, sponsors, or affiliated entities of Movement: Social Change. You agree that neither we nor any Affiliated Entities shall be liable to you or to any third party for any modification, suspension or discontinuance of the Sites, in whole or in part, or of any service, information and materials contained herein, software used to make the Sites, or feature or product offered through the Sites 

 

1.HEALTH ADVICE DISCLAIMER 

 

The Sites Do Not Provide Specific Medical or Treatment Advice. THE CONTENTS OF THE SITES ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR TREATMENT PLAN. Never disregard professional medical advice or delay in seeking it because of something you have read on or through the Sites. If you think you may have a medical emergency, call your doctor or 911 immediately. Reliance on any information provided by the Organization, Organization’s employees or representatives, others appearing on the Sites at the invitation of Organization, or other visitors to the Sites is solely at your own risk 

2.Eligibility 

 

You must be at least 13 years of age to visit and use our Sites and, by agreeing to these Terms of Use and Privacy Policy, you represent and warrant to us that you are at least 13 years of age. If you are using our Sites on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms of Use and Privacy Policy you agree to be bound by these Terms of Use and Privacy Policy on behalf of such organization.

 

3.Permitted Use, Limited License and Authorization to Reproduce 

 

The Sites, all of the information and materials contained herein, and the software used to make the Sites available (collectively, "Content") are and shall remain the property of Organization and its licensors and suppliers, and are protected, without limitation, pursuant to U.S. and foreign copyright, trademark, patent and/or other proprietary rights and laws. You do not acquire any right, title or interest in such Content by virtue of accessing the Sites or making use of the permitted uses allowed under these Terms of Use 

4.Copyrights 

You should assume that everything you see or read on the Sites is copyrighted unless otherwise noted and may not be used except as provided in these Terms of Use or in the text on the Sites without the written permission of Organization. Organization neither warrants nor represents that your use of materials displayed on Organization’s Sites will not infringe rights of third parties not owned by or affiliated with Organization. Images, photographs, or illustrations displayed on the Sites are either the property of, or used with permission by, Organization. The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms of Use or specific permission provided elsewhere on the Sites. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. 

PLEASE NOTE THAT UNAUTHORIZED USE OF THE SITES OR ANY CONTENT ON THE SITES (INCLUDING WITHOUT LIMITATION ANY SOFTWARE MADE AVAILABLE THROUGH THE SITES) MAY IN PARTICULAR JURISDICTIONS RESULT IN MONETARY DAMAGES AND OTHER CIVIL AND CRIMINAL PENALTIES INCLUDING WITHOUT LIMITATION, FOR COPYRIGHT INFRINGEMENT. 

5.Trademarks 

The trademarks, logos, service marks, brand identities, title, characters, trade names, graphics, designs, copyrights and other properties appearing within Sites (collectively the "Trademarks") displayed on the Sites are protected intellectual property which includes registered and unregistered trademarks of Organization, its affiliates and others. Nothing contained on the Sites should be construed as granting, by implication, or otherwise, any license or right to use any Trademark displayed on these Sites without the written permission of Organization or such third party that may own the Trademark displayed on the Sites. Your misuse of the Trademarks displayed on the Sites, or any other content on the Sites, except as provided herein, is strictly prohibited. 

Our displaying someone else’s Trademarks does not mean that we endorse, sponsor, or recommend that party’s product, service, or process. 

YOU MUST OBTAIN THE PRIOR WRITTEN PERMISSION OF THE ORGANIZATION BEFORE YOU LINK TO THIS WEBSITE.

6.Content you share with us/User Content  

We may include features on the Sites that allow you to share your information, comments, reviews, ideas, concepts, drawings, and other texts, photos, pictures and other images, films, movies, music and other audio files, software, applications or games (together referred to as "User Content") with us and other users of the Sites. Please note that by sharing User Content through the Website or email communication or survey, your User Content may become publicly accessible and will not be subject to any confidentiality restrictions. For example, we may post the information you provide and attribute it to you on other websites, such as our blog or on social media sites. You grant to Organization and its Affiliated Entities a worldwide, non-exclusive, sublicensable, transferable, royalty-free, perpetual, irrevocable right and license, without compensation to you: 

  • to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), derive, transmit, display and perform, publicly or otherwise, such User Content, in any media now known or hereafter developed, for Organization and/or the Affiliated Entities' business purposes and achievement of the vision detailed previously 

  • to sublicense the foregoing rights, through multiple tiers, to the maximum extent permitted by applicable law, and 

  • to use your name, or screen name, hometown, photograph, portrait, picture, voice, likeness and biographical information as news or information in any and all media and for advertising or promotional purposes, whether or not in connection with your submission. 

  • to attribute posts to you by name 

  • to "tag" posts to your social media account 

The foregoing licenses shall survive any termination of your use of the Sites. For all of the User Content you share through the Sites, you represent and warrant that you have all rights necessary for you to grant these licenses, and that such User Content, and your provision or creation thereof through the Sites, complies with all applicable laws, rules, and regulations and does not infringe or otherwise violate the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party, and is furthermore free from viruses and other malware. You further, to the extent permissible by law, irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding each item of User Content that you submit. 

All information publicly posted or privately transmitted through the Sites is the sole responsibility of the person from which that content originated. 

The Organization will not be liable for any errors or omissions in any User Content 

You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect to User Content. We expressly disclaim any and all liability in connection with User Content. 

You also grant each user of the Sites a non-exclusive license to access your User Content and to use, reproduce, distribute, display, link to and perform such User Content as permitted under these Term of Use. 

Please note that we do not solicit or encourage submissions of User Content containing ideas or suggestions relating to the Sites, our business or our Affiliated Entities' businesses. If you send us any ideas or suggestions, regardless of the topic, we and our Affiliated Entities will have no obligations with respect to such ideas or suggestions (including without limitation, confidentiality) and may use them for any purpose whatsoever. You understand and acknowledge that Organization has both internal resources and other external resources which may have developed, or may in the future develop, ideas identical to or similar to any ideas or suggestions or comments to suggestions you may submit. Any idea or suggestion you submit to us shall be subject to the foregoing User Content policy and terms. 

Accordingly, please review your User Content carefully prior to submission to ensure it contains no information that you are not comfortable sharing 

7.Monitoring; Removal of Submissions 

 

You acknowledge and agree that we reserve the right (but have no obligation) to do one or all of the following, at our sole discretion: (a) evaluate User Content before allowing it to be posted on the Sites or any other websites or social media sites; (b) monitor User Content; (c) alter, remove, reject, or refuse to post or allow to be posted on this website or other websites or social media sites, without notice to you, any User Content, for any reason or for no reason whatsoever; provided, however, that we shall have no obligation or liability to you for failure to do so or for doing so in any particular manner; (d) contact you regarding User Content and/or (e) disclose any User Content, and the circumstances surrounding their transmission, to any third party in order to operate the Sites; to protect Organization, the Affiliated Entities, and their respective employees, officers, directors, shareholders, agents, and representatives, and the Website's users and visitors; to comply with legal obligations or governmental requests; to enforce these Terms of Use; or for any other reason or purpose. 

8.Accuracy of Information You Submit 

 

You may be permitted to or asked to submit information to the Sites. You expressly represent and warrant: (a) that you have the authority to provide Organization with all such information; (b) that all such information may be used by Organization for the purposes intended; (c) that all such information shall be true, accurate, and complete; and (d) that you will maintain and update such information as needed, such that the information remains true, accurate and complete. You agree that if any information you provide is false, inaccurate, obsolete or incomplete, we may terminate your access to or use of the Sites. You agree not to post any information about another person without that person's express permission. Any such use of your information by Organization is without any expectation of compensation being paid to you. 

9.Copyright Infringement Notification 

 

Organization Company is committed to complying with U.S. copyright law and to responding to claims of copyright infringement. Organization will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c) ("DMCA"). 

Pursuant to the DMCA, notifications of claimed copyright infringement by the Organization should be sent to a Service Provider's Designated Agent. Notification must be submitted to the following Designated Agent for the Website in the manner described below: 

By Mail: 68 Claflin St, Apt 1, Fall River MA 02723 

By Email: info@ignitemh.org 

For your complaint to be valid under the DMCA, you must provide all of the following information when providing notice of the claimed copyright infringement: 

  • A physical or electronic signature of a person authorized to act on behalf of the copyright owner; 

  • Identification of the copyrighted work claimed to have been infringed; 

  • Identification of the material that is claimed to be infringing or to be the subject of the infringing activity, and that is to be removed or access to which is to be disabled, as well as information reasonably sufficient to permit Organization to locate the material; 

  • Information reasonably sufficient to permit Organization to contact the copyright owner, such as an address, telephone number, and, if available, an electronic mail address; 

  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and 

  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner. 

  • For more details on the information required for valid notification, see 17 U.S.C. 512(c)(3). 

You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorney's fees. 

When we receive a notice that has this information, we will remove or disable access to the User Content in question. 

We may notify the source of the infringing User Content of your complaint and our actions. In some cases, if the source of the content provides us with additional information that convinces us that the User Content should not have been removed, we may reinstate it. 

You may want to consult with a lawyer before filing a notice or responding to a notice filed by someone else.  

 

10.Unauthorized Use or Access 

Unless otherwise expressly authorized in these Terms of Use or on the Sites, you may not take any action to interfere with the Sites or any other user's use of the Sites or decompile, reverse engineer or disassemble any User Content/Content or other products or processes accessible through the Sites, nor insert any code or product or manipulate the User Content or content in any way that affects any user's experience. While using the Sites you are required to comply with all applicable statutes, orders, regulations, rules, and other laws. In addition, we expect users of the Sites to respect the rights and dignity of others. Your use of the Sites is conditioned on your compliance with the rules of conduct set forth in this section. 

You may not (and you expressly agree that you will not) do any of the following, which violate these Terms of Use: 

  • Post, upload, share, transmit, distribute, facilitate distribution of, or otherwise make available, through or in connection with the Sites.

  • Anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the holder of such right. 

  • Any material that would give rise to criminal or civil liability; that contains or promotes violence, drug use, illegal gambling or other criminal activity; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking." 

  • Any virus, worm, Trojan Horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment. 

  • Any unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation. 

  • Any material, non-public information about any entity without the proper authorization to do so. 

  • Use the Sites for any fraudulent or unlawful purpose. 

  • Use the Sites to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect personally identifiable information about users of the Sites. 

  • Impersonate any person or entity, including without limitation any representative of Organization or an Affiliated Entity; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Sites; or express or imply that we endorse any statement you make. 

  • Interfere with or disrupt the operation of the Sites or the servers or networks used to make the Sites available; or violate any requirements, procedures, policies or regulations of such networks. 

  • Restrict or inhibit any other person from using the Sites (including without limitation by hacking or defacing any portion of the Sites). 

  • Use the Sites to advertise or offer to sell or buy any goods or services for any business purpose, without Organization’s express prior written consent. 

  • Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Sites. 

  • Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Sites. 

  • Remove any copyright, trademark or other proprietary rights notice from the Sites or materials originating from the Sites. 

  • Frame or mirror any part of the Sites without Organization’s express prior written consent. 

  • Create a database by systematically downloading and storing Sites User Content or other Content. 

  • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather Sites User Content or Content or reproduce or circumvent the navigational structure or presentation of the Sites. 

  • Post information about another person without that person's express permission 

  • Additionally, you acknowledge and agree that you (and not Organization) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Sites, and paying all charges related thereto 

Organization reserves the right (but is not obligated) to do any or all of the following in connection with the Sites: 

  • ii. Investigate an allegation that a communication does not conform to these Terms of Use and determine in its sole discretion to remove or request the removal of the communication. 

  • iii. Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms of Use. 

  • iv. Terminate a user’s access to any or all parts of the Sites upon any breach of these Terms of Use. 

  • v. Monitor, edit, or disclose any communication made in connection with the Sites. 

  • vi. Edit or delete any communication(s) posted on the Sites, regardless of whether such communication(s) violate these standards. 

We have no liability or responsibility to users of the Sites or any other person or entity for performance or nonperformance of the aforementioned activities  

11.International Access  

The Sites are controlled, operated and administered by Organization (or its licensees) from its offices within the United States of America and is not intended to subject Organization to the laws or jurisdiction of any state, country or territory other than that of the United States. Organization does not represent or warrant that the Sites or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. Those who choose to access the Sites do so on their own initiative and at their own risk, and are responsible for complying with all local statutes, orders, regulations, rules, and other laws. Organization may limit the Sites availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. 

Note that your personal data, if you provide any, may be stored in Organization’s databases (including local storage), Affiliated Entity databases, and/or databases managed by third party service providers, which may be located within and outside of the United States. Such data will be automatically transferred to these databases, which may be located in countries where privacy rules differ and may be less stringent than those of the country in which you reside. If you visit our Sites from a country in the European Union, you consent to such cross-border transfers of personal data to the United States 

We make no claims concerning whether material from our Sites may be downloaded or is appropriate for use in any other country. 

12.Termination of Access 

These Terms of Use are in effect until terminated by either party. You may terminate this agreement created through the Sites at any time, by destroying all materials obtained from Organization’s Sites, along with all related documentation and all copies and installations. 

In addition to any right or remedy that may be available to Organization under applicable law, Organization may suspend, limit, or terminate all or a portion of your access to the Sites, and/or your rights to use any of the Use Content or Content, at any time with or without notice and with or without cause, including without limitation, if Organization believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Upon any such termination, your right to use the Sites will immediately cease. In addition, Organization may refer any information on illegal activities, including your identity, to the proper authorities. You agree that Organization and the Affiliated Entities shall not be liable to you or any third party for any suspension, limitation, or termination of your access to the Sites. 

13.Links To Other Sites 

The Sites may provide links to other websites and online resources. We are not responsible for and do not endorse such external sites or resources. Other sites may link to the Sites with or without our authorization, and we may block any links to or from the Sites without prior notice. 

Organization does not control or guarantee the accuracy, relevance, timeliness, or completeness of any third-party information contained on the Organization website or any information found on a linked website 

YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES, INCLUDING BY WAY OF ILLUSTRATION AND NOT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES. 

14.Accounts and Registration 

To access some features of the Sites, you may need to register for an account. When you register for an account, you may be required to provide us with some information about yourself. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. If you register, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at1- 

The Organization has no obligation to investigate the authorization or source of any such access or use of the Sites. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SITES BY ANYONE USING THE PASSWORD AND USER ID ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THE SITES IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall not use a User ID, domain name, or term that: (a) is the name of another person, with the intent to impersonate that person; (b) is subject to any rights of another person, without appropriate authorization; or (c) is offensive, vulgar, or obscene. You shall immediately notify the Organization of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security 

 

15.Privacy Policy 

Please read Organization’s Privacy Policy (www.ignitemh.org/privacy-policy/) carefully for information relating to our collection, use, storage and disclosure of your personal information via the Sites. Our Privacy Policy is hereby incorporated by reference into, and made a part of, these Terms of Use.

16.Disclaimers; No Warranties 

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITES ARE PROVIDED “AS IS”AND ON AN “AS AVAILABLE”BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE ORGANIZATION, ITS AFFILIATED ENTITIES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EQUITY HOLDERS, EMPLOYEES, CONSULTANTS, AGENTS, REPRESENTATIVES, LICENSORS AND PROVIDERS ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITES, INCLUDING BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (ii) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE ENTITIES DO NOT WARRANT THAT THE SITES OR ANY PART THEREOF, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SITES, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITES OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SITES WILL CREATE ANY WARRANTY REGARDING ANY OF THE ORGANIZATIONENTITIES OR THE SITES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SITES, YOUR DEALINGS WITH OTHER VISITORS TO AND USERS OF THE SITES, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITES. YOU UNDERSTAND AND AGREE THAT YOU USE THE SITES AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SITES AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SITES) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SITES OR THE DOWNLOAD OR USE OF SUCH MATERIALS OR CONTENT. 

FURTHER, WE DO NOT PROMISE THAT THE SITES, NOR ANY INFORMATION, CONTENT OR MATERIALS MADE AVAILABLE THROUGH THE WEBSITE, WILL BE ACCURATE, RELIABLE, COMPLETE, ERROR FREE OR COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE. 

You release the Organization from all liability for your having acquired or not acquired User Content or Content through the Sites.  

17.Limitation of Liability 

 TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE ORGANIZATION OR IT’S AFFILIATED ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITES OR ANY MATERIALS OR CONTENT ON THE SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE COMPANY ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. 

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE COMPANY ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE SITES (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITES) OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $50. 

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 15 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

18. INDEMNIFICATION 

To the fullest extent permitted by law, you agree that you will be responsible for your use of the Sites and you agree that you will defend, indemnify, and hold harmless the Organization, its Affiliated Entities, and each of their employees, contractors, directors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees and other legal costs, that arise from or relate to any of the following (the “Claims”): (a) your use of, inability to use, or activities in connection with this Site; (b) any violation of this Terms of Use or any other terms, conditions or policies by you or through any account you may have with this Sites, including the representations and warranties set forth in this Terms of Use; (c) any transaction you may enter into through this Sites; (d) any allegation that any User Content or other materials that you make available through this Sites infringes or otherwise violates the intellectual property, privacy,  publicity, confidentiality, or other rights of any third party; or (e) your violation of any rights of any other Sites visitor, User, or customer, or any other third-party; ; (f) your access to, use of, or alleged use of the Sites in a manner not permitted by these Terms; (g)  any disputes or issues between you and any third party;  and you will reimburse the Organization on demand for any damages, losses, costs, judgments, fees, fines and other expenses they incur (including attorneys’ fees and court costs) as a result of any Claim(s). 

This defense and indemnification obligation will survive the termination of these Terms of Use and will exist in perpetuity, regardless of whether you later cease using the Sites or remove User Content from the Sites. 

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim. 

 19.INTEGRATION AND SEVERABILITY 

If any provision or part of this Terms of Use is found to be unenforceable or invalid, for any reason by any court of competent jurisdiction that provision or will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable  

20.Waiver; Remedies  

The failure of Organization to partially or fully exercise any rights or the waiver of Organization of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by Organization or be deemed a waiver by Organization of any subsequent breach by you of the same or any other term of these Terms of Use. The rights and remedies of Organization under these Terms of Use shall be cumulative, and the exercise of any such right or remedy shall not limit Organization’s right to exercise any other right or remedy.

21.Governing Law; Forum 

 

 The laws of the State of MASSACHUSETTS shall govern these Terms of Use, without regard to its conflict of laws principles. You hereby expressly consent to the exclusive jurisdiction of and venue in the courts located in the State of MASSACHUSETTS, and waive any objection to such courts, including without limitation, on the basis of personal jurisdiction, venue or inconvenience of the forum. 

22.Dispute Resolution and Arbitration 

a. Generally. In the interest of resolving disputes in the most expedient and cost effective manner, you and Organization agree that any and all disputes arising in connection with or in any way related to these Terms of Use or Privacy Policy or your use of the Sites will be resolved by confidential binding arbitration, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, the Organization may seek injunctive or other appropriate relief in any state or federal court in the State of Massachusetts. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms of Use or your use of the Sites, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Term of Use.  YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS of USE, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. 

b. Exceptions. Notwithstanding subsection a, you and Organization both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims. 

c. Arbitrator. Any arbitration pursuant to these Term of Use will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Term of Use, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879 , or by contacting Organization. 

d. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, and cannot obtain one, by electronic mail (“Notice”). Organization’s address for Notice is: 68 Claflin St, Apt 1, Fall River MA 02723 . The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). You and Organization agree to use good faith efforts to resolve the claim directly, but if you and Organization do not reach an agreement to do so within 30 days after the Notice is received, you or Organization commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Organization will not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, Organization will pay you (i) the amount awarded by the arbitrator, if any, (ii) the last written settlement amount offered by Organization in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.00, whichever is greater. 

e. Fees. Any arbitration hearings will take place at a location to be agreed upon in Massachusetts, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephonic hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse Organization for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. 

f. No Class Actions. YOU AND ORGANIZATION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Organization agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. 

g. Modifications. In the event that Organization makes any future change to this arbitration provision (other than a change to Organization’s address for Notice), you may reject any such change by sending us written notice within 30 days of the change to Organization's address for Notice, in which case this arbitration provision, as in effect immediately prior to the amendments you reject will survive. 

h. Enforceability. If Section f or the entirety of this Terms of Use is found to be unenforceable, then the exclusive jurisdiction and venue described in ‘Governing Law; Forum’ will govern any action arising out of or related to these Term of Use or your use of the Sites. 

Recourse hereunder against Organization and Organization’s Affiliated Entities shall in no event exceed one hundred dollars ($100), and in no event shall include consequential, special or indirect damages, or claims for loss of profit or business. The foregoing limitations shall apply irrespective of whether the possibility of such damages has been disclosed to Organization or Affiliated Entities in advance or could have reasonably been foreseen by Organization or Organization’s Affiliated Entities. No Organization RESPECTIVE, DIRECTOR, OFFICERS, EQUITY HOLDERS, EMPLOYEES, CONSULTANTS, AGENTS, REPRESENTATIVES, LICENSORS, VOLUNTEERS, or PROVIDERS shall be personally liable hereunder, and no recourse shall be held against any such party’s assets by reason of a breach of this Terms of Use by Organization or otherwise. 

This Terms of Use or Agreement is personal to you and shall not be assigned or transferred by you. 

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to this Terms of Use or Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred; provided, however, that in the event any statute or law prohibits the revision of the limitations period applicable to such claim or cause of action to such one (1) year, such period shall be revised to the shortest period of time allowable by such statute or law. This Terms of Use or Agreement may be executed via electronic transmission with the same effect as if executed on a document and as if the signature was an original.

23.Notices 

 

Notices, requests, and other communications to the Organization shall be in writing, shall be given to such party at its address set forth below or, where applicable, at the address of its designated agent. Each such notice, request, or other communication shall be deemed to have been duly given (a) as of the date of delivery, if delivered personally, (b) upon the next business day when delivered during normal business hours to a recognized overnight courier service, or (c) on the date of delivery or refusal shown on the receipt therefore if sent by United Stated certified or registered mail, return receipt requested and postage prepaid. 

24.Consent to Communications 

By providing us with your contact information, you agree to receive communications, including via e-mail and calls (including text messages and calls), from or on behalf of Organization and it’s Affiliated Entities at the email address or telephone number you provided even if that number is on a National or State Do Not Call List. These calls may be for informational and other purposes, such as to provide you with information about anti-stigma campaigns or Mental Health initiatives. Standard text messaging and telephone minute charges applied by your cell phone carrier will apply. 

IF YOU WISH TO OPT OUT OF EMAILS, YOU CAN UNSUBSCRIBE BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE EMAIL ITSELF. IF YOU WISH TO OPT OUT OF TEXTS, YOU MAY REPLY “STOP” FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. You understand and agree that you may continue to receive communications while your opt-out request is processed, and you may also receive a communication confirming the receipt of your opt-out request. 

 

25.Consent to Electronic Communications  

Notwithstanding anything to the contrary in previous sections, by using the Sites, you consent to receiving certain electronic communications from us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. 

26.General  

  • These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Organization.  

  • These Terms of Use, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and Organization regarding your use of and access to the Sites, and except as expressly permitted above may be amended only by a written agreement signed by authorized representatives of all parties to these Term of Use.  

  • By using the Sites, you agree to be bound by these Terms of Use, and to the extent that any or all terms of these Terms of Use are inconsistent with any agreement, written or oral, you may have previously or contemporaneously entered into and/or signed with Organization with respect to the subject matter herein, you acknowledge and agree that the terms of these Terms of Use shall supersede such other agreement and prevail. 

  • You may not assign or transfer these Term of Use or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms of Use at any time without notice.  

  • The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of these Terms of Use or any provision of these Terms of Use constitute a waiver of any subsequent breach or default or a waiver of the provision itself.  

  • Use of section headers in these Terms of Use is for convenience only and will not have any impact on the interpretation of particular provisions.  

  • Upon termination of these Terms, any provision that by its nature or express terms should survive will survive such termination or expiration, including, but not limited to, Sections 1, 3, 4, 5, 9, 10, 14, 16, 17, 18, 19, 20, 21, 22 – 26. 

  • Without limitation, you agree that a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 

 

Effective Date: September 9, 2018


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Harvard Business School Campus

Allston, 02164

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