The Effective Date: January 25, 2014.
• You may only use the Materials (defined below) on the Site in connection with your permitted activities on the Site and not in an offline environment or in connection with another site or service. You grant us a broad license to content you submit or post.
• Any types of disputes that may arise in connection with your access to and use of the Site are subject to mandatory arbitration — which includes your waiver of a right to a jury trial.
• We are providing the Sites to you on an "as-is" basis, without any warranty of any kind, and our liability to you in connection with your use of the Site is very limited. Many other limitations and disclaimers relate to your use of the Sites.
These Terms constitute legally binding terms and govern your use of www.heartmindspirit.com (collectively, the "Web site") and the associated services, which are operated by HMS including but not limited to any interactive features, widgets, applications, content of HMS uploads (collectively "Apps") that are HMS or controlled by HMS, are available through the Website or that interact with the Website and post these Terms regardless of the type of device used to access them. The Website and the Apps are collectively referred to herein as the "Site." These Terms do not apply to any other web site or any offline activities by HMS. (unless specifically stated).
You agree to these Terms by accessing, browsing or using the Site. If you do not agree to be bound by all of these terms, do not use the site.
In some instances, both these Terms and a separate terms of service or guidelines document setting forth additional conditions may apply to a service or product offered via the Sites ("Additional Terms") such as our house rules applicable to User Forums (defined below) (the "House Rules"). The Additional Terms are incorporated by reference into these Terms. To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
HMS Ownership of Site Materials
Materials. The Sites (including past, present and future versions) and all materials that are included in or are otherwise a part of the Site, including, without limitation: graphics; layout; text; content; instructions; images; audio; videos; designs; advertising copy; trademarks; logos; domain names; trade names; service marks and trade identities; any and all copyrightable material (including source and object code); the "look and feel" of the Sites; the compilation, assembly and arrangement of the materials of the Sites; and all other materials related to the Sites (collectively, the "Materials") are HMS, controlled or licensed by HMS, its subsidiaries or affiliates and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties. Except as expressly set forth in these Terms or otherwise expressly granted to you in writing by HMS, no rights (either by implication, estoppel or otherwise) are granted to you. Any and all rights to use any Materials not expressly granted to you under this Terms are hereby reserved for HMS and/or its members, subsidiaries, affiliates or its licensors. Nothing contained in these Terms will affect, impair, or limit in any way HMS's rights to exploit fully any or all of the Materials. You acknowledge and agree that you will not, directly or indirectly, contest, challenge, aid or abet in contesting or challenging the validity of HMS or the Materials, or take any action whatsoever in derogation of HMS's rights therein, or in breach of, any terms and conditions contained in this Terms. You acknowledge and agree that you will not acquire or claim any rights in the Materials, or aid or abet anyone else in doing so.
Copyright/Trademarks. The entire contents of the Sites (including the Materials) are either identified as a trademark, or copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Without limitation, HMS reserves copyright in the selection, coordination, arrangement and enhancement of the Materials on the Sites. Third-party content providers provide HMS the copyright in content that is original to them. Trademarks and service marks that appear on the Site, including, but not limited to, those listed at www.heartmindspiritrecovery.com are the service and trademarks of HMS and HMS Recovery. Without HMS's prior written permission, you agree not to display or use, in any manner any such marks and all goodwill associated with any use by you thereof will inure exclusively to HMS or their representatives. The Materials may not be copied, reproduced, uploaded, or distributed in any way, in whole or in part, without the express prior written permission of HMS, unless and except as is expressly provided in these Terms. Any unauthorized use of the Materials is prohibited. You agree to abide by any and all additional trademark and copyright notices, information or restrictions contained in any part of the Sites.
Prohibited Activities. You also agree that you will not: use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Materials except as may be a result of standard Internet browser or search engine); fail to follow the instructions provided on the Sites in a "robots.txt" file or similar mechanism to the extent that you provide standard search engine services to the public; nor will you modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Materials in any way for any public or commercial purpose except as specifically permitted by these Terms or HMS without the prior written consent of HMS.
Information You Submit
User Content. The Sites may provide you and others with the opportunity to participate in forums, blogs, HMS Study groups, message boards, social networking, social communities and other communication functionality (collectively, "User Forums") and may provide you with the opportunity, through such features or otherwise, to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to HMS or the Sites, including, without limitation, photographs, writings, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or personally identifiable information (collectively, "User Content").
HMS House Rules As a user of the Sites, you agree that the House Rules located at www.heartmindspiritrecovery.com are there to help you understand the conduct that is expected of HMS users who participate in User Forums, including any social networking opportunities on the Sites. In addition to the House Rules, we ask that your User Content relate to the content on the Sites and should be intended to add to the discussion and community on the Sites. It should not include irrelevant topics or postings. Your participation in the User Forums is subject to all the Terms, including the House Rules and Additional Terms. We reserve the right, in our sole discretion, to monitor and screen all User Content submitted to the Sites and may disregard any User Content that, in our sole discretion, violates these Terms, including the House Rules or any Additional Terms, or that we otherwise find objectionable.
Copyright Complaints We respect the intellectual property rights of others, and we prohibit users from posting, sharing, transmitting or otherwise making available any materials that infringe upon another party's intellectual property rights. However, material is posted on the Sites by third parties not within our control, and we are under no obligation to and do not review all content on the Sites for the inclusion of illegal or impermissible content. However, pursuant to our Infringements Policy, HMS does not to permit material known to HMS by us to infringe another party's copyright to remain on the Site. In accordance with the Digital Millennium Copyright Act (the "DMCA") and other applicable law, we will promptly remove or disable access to the allegedly infringing material when we receive proper notification of an alleged copyright infringement as described below. Further, we will terminate, in appropriate circumstances and at our sole discretion, the accounts of members who are deemed to be repeat infringers. If you believe any material on the Sites infringes a copyright, you should visit our Infringements Policy and provide us with written notice.
Software and Other Items Available For DOWNLOAD Any items that we make available for HMS download or use from the Site and/or our servers (the "HMS downloadable Items") are the copyrighted work of HMS or its licensors or suppliers. Your use of the HMS downloadable Items may be governed by Additional Terms, which may be included with the downloadable Items. Please carefully read any Additional Terms to determine the full extent of conditions governing the use of such downloadable Items. without limiting the foregoing, copying or reproduction of the downloadable items to any other server or location for further reproduction or redistribution is expressly prohibited, unless such reproduction or redistribution is expressly permitted by the additional terms applicable to such downloadable items. Note that if you install certain applications that may be available via the sites, you consent to the download of software to your computer and accept these terms and any additional terms related to such application.
Disclaimer of Warranties The sites, including, without limitation, the materials, are provided on an "as is", "as available" and "with all faults" basis. To the fullest extent permissible by law, HMS and its parent, subsidiaries or affiliates and each of their employees, directors, officers, members, shareholders, agents, vendors, and contractors (collectively, the " HMS parties") make no representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the site; (b) the materials on or provided through the site; (c) the downloadable items; (d) user content; (e) the functions made accessible on or through the site; (f) any products, services or instructions offered or referenced at the site; and/or (g) security associated with the transmission of information transmitted to or from HMS or via the sites. In addition, the HMS parties hereby disclaim all warranties, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus. The HMS parties do not represent or warrant that the sites or the functions contained therein will be error-free or uninterrupted; that defects will be corrected; or that the sites or the server that makes the sites available are free from any harmful components, including, without limitation, viruses or other malware. The HMS parties do not make any representations or warranties that the information (including any instructions) on the sites is accurate, complete, correct, adequate, useful, timely, reliable or otherwise. The HMS parties do not warrant that your use of the sites is lawful in any particular jurisdiction, and the HMS parties specifically disclaim such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to the extent such jurisdiction's law is applicable to these terms. By accessing or using the sites, you represent and warrant that your activities are lawful in every jurisdiction where you access or use the sites.
Disclaimer/Limitation of Liability
Under no circumstances will the HMS parties be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages that are directly or indirectly related to (a) the site; (b) the materials; (c) the downloadable items; (d) user content; (e) your use of, inability to use, or the performance of the sites; (f) any action taken in connection with an investigation by the HMS parties or law enforcement authorities regarding your use of the sites; (g) any action taken in connection with copyright or other intellectual property HMS; (h) any errors or omissions in the sites. technical operation; or (i) any damage to any user’s computer, hardware, computer software, wireless devices, cellular phone, modem or other equipment or technology, including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if the HMS parties have been advised of or should have knowledge of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or theft or destruction of the sites). In no event will the HMS parties be liable to you or anyone else for loss, damage or injury, including, without limitation, death or personal injury. some states, countries, provinces and territories do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Your access to and use of the sites is at your risk. If you are dissatisfied with the site or any of the materials, your sole and exclusive remedy is to discontinue accessing and using the sites or the materials.
Waiver of Claims
By accessing the sites, you understand that you may be waiving rights with respect to claims that are at this time known or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive any claims.
You agree to defend (if requested by HMS), indemnify and hold harmless the HMS parties from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, settlements and expenses, including attorneys' fees, that directly or indirectly arise from or are otherwise directly or indirectly related.
The failure of HMS to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit HMS's rights with respect to such breach or any subsequent breaches.
Information the Sites Collect