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MY3 Terms and Conditions of Use

MY3 Terms and Conditions of Use

(“Agreement”)

 

Please read these terms and conditions of use carefully
before using MY3 (a “Mobile Application”)

 

MY3, as used in this Agreement, includes any program and service accessed or used via your mobile device as well as all software modules operating within application environment and appearing on your mobile.

By using MY3, you acknowledge and agree to each and every Term and Condition set forth in this Agreement. If you do not agree to all of these Terms and Conditions of use, do not use MY3!

Link2Health Solutions, Inc ("L2HS"), as owner of the MY3 Mobile Application, may revise and update these Terms and Conditions at any time. Your continued usage of MY3 will mean you accept those changes.

As used in this Agreement, “Contributors” refers to L2HS, California Mental Health Services Authority (“CalMHSA”), and all individuals and entities that provided input and/or helped to develop the MY3 Mobile Application.

MY3 Does Not Provide Medical Advice

The contents of the MY3 Mobile Application, such as text, graphics, images, information obtained from MY3's licensors, and other material contained on MY3 ("Content") are for informational purposes only. The Content is 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 thoughts of suicide. Never disregard professional medical advice or delay seeking it because of something you have read on the MY3 Mobile Application.

If you think you may have a medical emergency or are contemplating acting upon thoughts of suicide, call 911 or the National Suicide Prevention Lifeline (1-800-273-8255) immediately. MY3, its Contributors, and L2HS do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned or referenced on the MY3 Mobile Application. Reliance on any and all information is done solely at your own risk, even when provided by MY3, MY3 Contributors, MY3 developers, L2HS, others appearing on the MY3 Mobile Application, and/or their respective agents, representatives, affiliates, employees, heirs, and successors in interest.

MY3 may reference health-related, psychological-related, or medical-related materials that are offensive and/or sexually explicit. If you find these materials offensive, you may not want to use MY3.

User Submissions

The personal information you submit to MY3 is governed by the MY3 Privacy Policy. To the extent there is an inconsistency between this Agreement and the MY3 Privacy Policy, this Agreement shall govern.

Children's Privacy

L2HS and MY3 Contributors are committed to protecting the privacy of children. You should be aware that MY3 is not intended or designed to attract children under the age of 18 without parental guardian approval. L2HS does not collect personally identifiable information from children under the age of 18.

Use of Content

L2HS authorizes you to view and/or download a single copy of the MY3 Mobile Application solely for your personal, non-commercial use. Any special rules for the use of certain software and other items accessible on MY3 may be included elsewhere within the MY3 Mobile Application environment and are incorporated into these Terms and Conditions by reference.

The Content is protected by applicable State, Federal, and foreign laws. Title to the Content remains with L2HS and/or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of this Agreement and may violate intellectual property laws. Content and features are subject to change or termination without notice in the editorial discretion of L2HS. All rights not expressly granted herein are reserved to L2HS and its licensors.

If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately delete the application and destroy any copies you have made of any portion of the Content.

Proprietary Rights

You acknowledge and agree that the services, information, Content and software presented to you through MY3 or used in connection with the MY3 Mobile Application contain proprietary and confidential information that is protected under U.S. and international intellectual property laws. Except as expressly authorized by L2HS or its licensors, you agree not to sell, rewrite, modify, redistribute, create derivative works, or rent the MY3 Mobile Application, or any information presented to you through MY3, in whole or in part, to any person.

You may look at the MY3 Content, download Content and individual articles to your mobile device, and even print a copy of the Content for yourself. However, You may not remove any intellectual property or proprietary notices from the Content. L2HS and its licensors reserve all other rights not granted in this Agreement. You agree not to access MY3 or its Content by any means other than through the interface that is provided by L2HS.

No Representations or Warranties

MY3 and the Content are provided on an "as is" basis. L2HS, MY3 CONTRIBUTORS, AND THEIR RESPECTIVE AGENTS, REPRESENTATIVES, AFFILIATES, EMPLOYEES, HEIRS, AND SUCCESSORS IN INTEREST, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, L2HS, MY3 Contributors, and their respective agents, representatives, affiliates, employees, heirs, and successors in interest make no representations or warranties about the following:

1. The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of MY3.

2. The satisfaction of any government regulations requiring disclosure of information on medical treatment, prescription or non-prescription drug products, or the approval or compliance of any software tools with regard to the Content contained on the MY3 Mobile Application.

Liability

The use of MY3 and its Content is at your own risk. When using MY3, information may be transmitted over a medium that can be beyond the control and jurisdiction of MY3 and its suppliers or Contributors. Accordingly, L2HS, MY3 Contributors, and their respective agents, representatives, affiliates, employees, heirs, and successors in interest, assume no liability for, or relating to, the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the MY3 Mobile Application.

In no event shall L2HA, MY3 Contributors, their licensors, their suppliers, their respective agents, representatives, affiliates, employees, heirs, and successors in interest, or any third parties mentioned on MY3, be liable for any damages (including, without limitation, incidental and consequential damages, personal injury, survival action, wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use MY3 or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not L2HA, MY3 Contributors, their licensors, their suppliers, their respective agents, representatives, affiliates, employees, heirs, and successors in interest, or any third parties mentioned on MY3 are advised of the possibility of such damages. L2HA, MY3 Contributors, their licensors, their suppliers, their respective agents, representatives, affiliates, employees, heirs, and successors in interest, or any third parties mentioned on MY3 are not liable for any personal injury, including death, caused by your use or misuse of MY3 or its Content. Any claims arising in connection with your use of MY3 Mobile or any Content must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

Indemnity

You agree to defend, indemnify, and hold harmless L2HS, MY3 Contributors, their respective officers, directors, employees, agents, licensors, suppliers, and successors in interest, from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

Links to Other Sites

MY3 may provide links to third-party web sites. MY3 also may select certain sites as priority responses as a result of entries provided by You when setting up the MY3 Mobile Application. L2HS and MY3 Contributors do not recommend and do not endorse the content on any third-party sites. L2HS and MY3 Contribuors are not responsible for the content of linked third-party sites, sites framed within the MY3 Mobile Application, third-party sites provided as search results, or third-party advertisements, and do not make any representations regarding their content or accuracy. Your use of third-party sites is at your own risk and subject to the terms and conditions of use for such sites. L2HS and MY3 Contributors do not endorse any product, service, or treatment advertised on such sites.

General

L2HS is based in New York, NY of the United States of America with its principal place of business located at 50 Broadway, 19th Floor, New York, New York 10004. L2HS and MY3 Contributors make no claims that MY3, any site within MY3, and/or the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access MY3 from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, Indemnity, Jurisdiction, Severability, Waiver and Complete Agreement.

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute over MY3, or in any way relating to your use of MY3, resides in the courts of either the State of New York or the State of California, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of State of New York and the State of California in connection with any such dispute including any claim involving L2HA, any MY3 Contributor(s), their licensors, their suppliers, their respective agents, representatives, affiliates, employees, heirs, and/or their successors in interest.

These Terms and Conditions are governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles.

Severability

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

Waiver

No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. No delay or omission in the execution of any right or remedy (i) shall impair such right or remedy, and/or (ii) shall be construed as a waiver.

Notice and Takedown Procedures

If you believe any materials accessible on or from MY3 infringe your copyright, you may request removal of those materials (or access thereto) from MY3 by contacting L2HS directly with the following information:

1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible, include a copy or the location (e.g., URL) of an authorized version of the work.

2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us the URL or any other pertinent information that will allow us to locate the material.

3. Your name, address, telephone number and (if available) e-mail address.

4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.

5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.

6. A signature or the electronic equivalent from the copyright holder or authorized representative.

Complete Agreement

Except as expressly provided in a particular "Legal Notice" on the MY3 Mobile Application, these Terms and Conditions and the MY3 Privacy Policy constitute the entire agreement between You and L2HS with respect to the use of MY3 and its Content.

Last Updated: May 1, 2014

© 2013. All rights reserved.

MY3 Privacy Policy

This policy describes what information may be collected about you when you use the services made available through the MY3 Mobile Application and how this information may be used. The services made available through the MY3 Mobile Application may be provided by third-party sites. You should read the privacy policy of each website that you visit through the MY3 Mobile Application and after you leave MY3. L2HS is not responsible for how other websites treat your privacy.

Privacy Policy Changes

As this Privacy Policy changes in significant ways, L2HS will take steps to inform you of the changes. Minor changes to this Privacy Policy may occur that will not significantly affect the ways in which L2HS uses your information. In these instances, L2HS may not inform you of such minor changes. When this Privacy Policy changes in a way that significantly affects the way L2HS handles personal information, L2HS will not apply the new Policy to information it has previously collected from you without giving you a choice as to whether or not L2HS may apply the new Policy to your information going forward.

Information Collected

Upon downloading and/or using MY3, L2HS collects non-personally identifiable information (i.e., information that is not traced back to any individual and is not used on its own to identify an individual) about your use of the application through, by way of example and without limitation, the use of cookies, even if you have not registered, including the referring website, if applicable, the type of browser you use, and the time and date that you accessed the application.

Uses of Information

L2HS creates aggregate data about users of MY3 for product development, improvement activities, and for clinical studies. L2HS may provide information about users of MY3 in aggregate form to third parties. When aggregated information is provided to a third party, it is pooled with many individual records and stripped of any data that could be used to identify an individual. Any third party that receives aggregated information must agree not to attempt to re-identify the people it belongs to. Depending on our agreement with the third party, L2HS may or may not charge for this information.

Effective date: May 1, 2014