1. Your Help & Heal Mental Health Fund Account and use of our Websites.
If you create an account on any of our Websites, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Help & Heal Mental Health Fund may change or remove any description that it considers inappropriate or unlawful, or otherwise likely to cause Help & Heal Mental Health Fund liability. You must immediately notify Help & Heal Mental Health Fund of any unauthorized uses of your username, your account, or any other breaches of security. Help & Heal Mental Health Fund will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Help & Heal Mental Health Fund may from time to time set storage limits for your results, or take any other measures Help & Heal Mental Health Fund considers appropriate to manage the Websites. Help & Heal Mental Health Fund will advise you of any such change, and may do so in any reasonable manner, such as posting a change on the screen you see when you log in to your Help & Heal Mental Health Fund account on one of its Websites. If you exceed the storage limits, Help & Heal Mental Health Fund may require you to reduce the storage you are using.
Help & Heal Mental Health Fund may post about its policy changes, and you may wish to check your Website account for Help & Heal Mental Health Fund’s announcements about any such changes.
2. Responsibility of Users.
If you operate an account, contribute to an account, post material to one of our Websites, post links on one of our Websites, or otherwise make material available by means of one of our Websites (any such material, the “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software.
By making the Content available, you represent and warrant that:
the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content; you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms; the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; the Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); the Content is not obscene, libelous, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party; and you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Help & Heal Mental Health Fund or otherwise. If you delete Content, Help & Heal Mental Health Fund will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
You are prohibited from violating or attempting to violate the security of the Websites, including, without limitation: (i) accessing data not intended for such User or logging into a server or account which you are not authorized to access; (ii) attempting to probe, scan, using packet capture, or test the vulnerability of a system or network or to breach security or authentication measures without prior written authorization; (iii) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Websites, overloading, “flooding”, “mailbombing” or “crashing”; (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; (v) forging any TCP/IP packet header or any part of the header information in any packet directed toward our servers. You are also prohibited from: (a) downloading, copying, or re-transmitting any or all of the website or content without, or in violation of, an explicit written license; (b) using any data mining, robots, or similar data gathering or extraction methods for any purpose other than collection of data for the sole purpose of providing a free, publicly-available text search engine (e.g., Google Search or Bing Search). Violations of system or network security may result in civil or criminal liability.
You agree that you shall not conduct any type of research on the Websites, for the purpose of publication or to fulfill a set of educational requirements for an educational institution or for any other purpose whatsoever. Research prohibited includes: (i) naturalistic study of behaviors, or users of the Website; or (ii) empirical, qualitative, or quantitative research of either scientific or non-scientific inquiry, for the purpose of publication, either publicly (for instance, in a peer-reviewed journal) or privately (for instance, a Master’s thesis or college research paper). Personal research for one’s own use is allowed.
You agree that you shall not upload, post or otherwise make available any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the Websites, you automatically grant, or warrant that the owner of such material has expressly granted Help & Heal Mental Health Fund the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other user or visitor to the Website to access, view, store or reproduce the material for that individual’s own personal use. You hereby grant Help & Heal Mental Health Fund the right to edit, copy, publish and distribute any material made available on the Website.
You agree that you will use the Websites for lawful purposes only. You shall not post or transmit through the Websites any material: (i) which violates or infringes in any way upon the rights of others; (ii) which is unlawful, threatening, discriminatory, hateful, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, racist, obscene, pornographic, or is otherwise objectionable; (iii) which encourages conduct that would constitute a criminal offense, gives rise to civil liability, suggests or condones any terrorist act or activity, or otherwise violate any law; (iv) which, without Help & Heal Mental Health Fund’s express prior written approval, contains advertising or any solicitation with respect to products or services; (v) which discusses private administrative issues, messages, private messages, or emails between you and Help & Heal Mental Health Fund’s staff, volunteers, owner, or other administrative personnel; (vi) or which advertises or performs any commercial solicitation, including, but not limited to, the solicitation of users to become users of other online communities or websites that are competitive with the Website. Any conduct by you that, in Help & Heal Mental Health Fund’s sole discretion, violates these Terms, restricts or inhibits any other user or visitor from using or enjoying the Websites or any of its services will not be permitted. You agree that your account may be terminated at any time, without notice.
Without limiting any of those representations or warranties, Help & Heal Mental Health Fund has the right (though not the obligation) to, in Help & Heal Mental Health Fund’s sole discretion (i) refuse or remove any content that, in Help & Heal Mental Health Fund’s reasonable opinion, violates any Help & Heal Mental Health Fund policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Websites to any individual or entity for any reason, in Help & Heal Mental Health Fund’s sole discretion. Help & Heal Mental Health Fund will have no obligation to provide any refund of any amounts previously paid.
3. Fees and Payment.
The Help & Health Mental Health Fund Websites are, by default, free of charge to use and register and account with. If you so optionally choose, by selecting a paid service you agree to pay Help & Heal Mental Health Fund the monthly or annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a service and will cover the use of that service for a monthly or annual period as indicated. Service fees are not refundable.
4. Responsibility of Website Visitors.
Help & Heal Mental Health Fund has not reviewed, and cannot review, all of the material, including computer software, posted to any of our Websites, and cannot therefore be responsible for that material’s content, use or effects. By operating our Websites, Help & Heal Mental Health Fund does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Websites may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Websites may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Help & Heal Mental Health Fund disclaims any responsibility for any harm resulting from the use by visitors of any of our Websites, or from any downloading by those visitors of content there posted.
5. Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Help & Heal Mental Health Fund links, and that link to Help & Heal Mental Health Fund. Help & Heal Mental Health Fund does not have any control over those non-Help & Heal Mental Health Fund websites and webpages, and is not responsible for their contents or their use. By linking to a non-Help & Heal Mental Health Fund website or webpage, Help & Heal Mental Health Fund does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Help & Heal Mental Health Fund disclaims any responsibility for any harm resulting from your use of non-Help & Heal Mental Health Fund websites and webpages.
6. Copyright Infringement.
As Help & Heal Mental Health Fund requires others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Help & Heal Mental Health Fund violates your copyright, you are encouraged to notify Help & Heal Mental Health Fund. Help & Heal Mental Health Fund will, as it is able, respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a user who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Help & Heal Mental Health Fund or others, Help & Heal Mental Health Fund may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Help & Heal Mental Health Fund will have no obligation to provide a refund of any amounts previously paid to Help & Heal Mental Health Fund to any person in respect of any such termination.
7. Trademarks and Intellectual Property
Help & Heal Mental Health Fund, the Help & Heal Mental Health Fund logo, and all other trademarks, service marks, graphics and logos used in connection with Help & Heal Mental Health Fund, or any its associated Websites are trademarks or registered trademarks of Help & Heal Mental Health Fund or Help & Heal Mental Health Fund’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Websites grants you no right or license to reproduce or otherwise use any Help & Heal Mental Health Fund or third-party trademarks.
You acknowledge and agree that the Websites and any necessary software used in connection with the Website contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Help & Heal Mental Health Fund in writing, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on any of the Websites or its Services, in whole or in part.
Help & Heal Mental Health Fund grants you a personal, non-transferable and non-exclusive right and license to use the Websites on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Websites and any Services hosted therein. You agree not to modify the Websites in any manner or form, nor to use modified versions of the Websites, including (without limitation) for the purpose of obtaining unauthorized access to the Website or the Websites’s paid subscription services. You agree not to access the Websites or it Services by any means other than through the interface that is provided by Help & Heal Mental Health Fund for use in accessing the Websites and its Services.
The Websites, including without limitation all content there available and these Terms and Conditions, may be changed at the sole discretion of Help & Heal Mental Health Fund and without notice. You are bound by any such updates or changes, including but not limited to those affecting these Terms and Conditions, and so should periodically review these Terms and Conditions.
9. Limitation of warranties of Help & Heal Mental Health Fund, its suppliers and its licensors.
Except as otherwise expressly stated, all content posted to or available from our Websites is provided “as is”, and Help & Heal Mental Health Fund, its suppliers and its licensors make no representations or warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title or non-infringement of proprietary rights. You understand and agree that you download from, or otherwise obtain content or services through, the Websites at your own discretion and risk, and that Help & Heal Mental Health Fund, its suppliers and its licensors will have no liability or responsibility for any damage to your computer system or data that results from the download or use of such content or services. If you’re actually reading this, here’s a treat. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above may not apply to you.
10. Limitation of liability of Help & Heal Mental Health Fund, its suppliers and its licensors.
Except as otherwise expressly stated, in no event will Help & Heal Mental Health Fund, its suppliers or its licensors be liable to you or any other party for any direct, indirect, special, consequential or exemplary damages, regardless of the basis or nature of the claim, resulting from any use of the Websites, or the contents thereof or of any hyperlinked website including without limitation any lost profits, business interruption, loss of data or otherwise, even if Help & Heal Mental Health Fund, its suppliers or its licensors were expressly advised of the possibility of such damages. In the event fees are paid for the use of the Help & Heal Mental Health Fund site pursuant to paragraph 3, in no event will the aggregate liability for any and all of your claims against Help & Heal Mental Health Fund, its suppliers and its licensors arising out of or related to use of the Website, or the contents thereof or of any hyperlinked website exceed the amounts actually paid by you to Help & Heal Mental Health Fund during the 12-month period prior to the date a claim is made. Some jurisdictions may not allow the exclusion or limitation of liability for certain incidental or consequential damages, so some of the above limitations may not apply to you. The parties agree that this Section 11 represents a reasonable allocation of risk.
11. User General Representation and Warranty.
You agree to defend, indemnify and hold harmless Help & Heal Mental Health Fund, its contractors, and its licensors, and their respective directors, officers, volunteers, employees, and agents from and against any and all claims and expenses, including legal fees, arising out of your use of the Websites and Services, including but not limited to out of your violation of any representation or warranty contained in these Terms and Conditions.
These Terms and Conditions constitute the entire agreement between Help & Heal Mental Health Fund and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Help & Heal Mental Health Fund, or by the posting by Help & Heal Mental Health Fund of a revised version on the Help & Heal Mental Health Fund Website. Except to the extent of applicable law, if any, provides otherwise, these Terms and Conditions, any access to or use of the Websites will be governed by the laws of the Commonwealth of Massachusetts, USA.
If any part of these Terms and Conditions is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may only assign your rights under these Terms and Conditions to any party that consents to, and agrees to be bound by, the terms hereof in writing. Help & Heal Mental Health Fund may assign its rights under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.