BY ACCEPTING THESE TERMS AND CONDITIONS, AS DETAILED BELOW, YOU AGREE TO RESOLVE ANY DISPUTE WITH US ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS THROUGH BINDING ARBITRATION OR SMALL CLAIMS DISPUTE PROCEDURES AND YOU AGREE TO WAIVE YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION SUIT.
FORUM PLATFORM; FORUM GROUPS; AND FORUM CONTENT
The Forum Platform is a website through which Members can find and join peer support groups (Forum Groups) related to specific life challenges they are facing. Groups are comprised of other Forum Members and are typically led by a Facilitator. Groups meet virtually at specified times, at a specified frequency, and for a specified amount of time. During the Group meetings, Members engage in discussions and exchange ideas with each other, and Facilitators may share educational information.
OTHER USERS OF THE FORUM PLATFORM
Forum shall not have any liability with respect to any outcome or use of your use of the Site, the Forum Platform, or Forum Content, or your participation in Forum Groups. By using the Site, the Forum Platform, or Forum Content, or by participating in any Forum Group, you waive any claim you may have against Forum with respect to any such outcome or result.
Moreover, Forum shall not be responsible or liable in any way for (a) the creation, performance, quality or any Forum Group, or for the facilitation of any Forum Group; (b) the availability or conduct of any Facilitator; or (c) any interaction of any kind in any form between the Facilitator and any Member and/or between Members, and/or (d) any damages arising in connection with a Member’s participation or lack of participation in a Forum Group or a Member’s use of any Forum Content. When Forum identifies an individual as a Facilitator, it does so for purposes of information only. Forum does not endorse or recommend any Forum Group or any Facilitator. Forum does not evaluate or approve the training, experience, or qualifications of any individual who serves as a Facilitator.
NO MEDICAL/MENTAL/HEALTH TREATMENT
If you are at any time experiencing any kind of medical or mental health crisis or emergency, please dial 911 or contact a local suicide prevention resource. We do not provide any services to address medical or mental health emergencies.
Forum does not provide any kind of medical, psychological, or other health care service through the Forum Platform, Forum Groups, or Forum Content. Facilitators are prohibited from using the Forum Platform from providing any kind of medical, psychological, or other health care service, whether in Forum Groups or otherwise, even if they may be licensed or otherwise qualified to do so.
Members may not use the Forum Platform, or their participation in Forum Groups, to provide any kind of medical, psychological, or other health care service to other Members, even if they are licensed or otherwise qualified to do so. As a Member, you may not hold yourself out to any other Member as providing any medical, psychological, or other health care service. Without limiting the generality of the foregoing, in your interactions with other Members, including without limitation interactions during sessions of Forum Groups in which you participate, (a) you will not engage in the diagnosis or treatment of, or the prescribing for, any physical or mental health care condition, (b) you will not make any recommendations regarding the diagnosis, treatment, or prescribing for any such condition, and (c) you will neither refer any session participant to a provider of health care, nor recommend any provider of health care to any session participant, including without limitation yourself or any practice or organization with which you work; and (d) you will not hold yourself out to session participants as doing any of the foregoing.
Members may use the Forum Platform and/or Forum Groups to share their thoughts, experiences, and feelings, either with or without the participation of a Facilitator. Even if another Member or a Facilitator is a licensed health care professional, neither of them may provide any medical, psychological, or other health care services through the Forum Platform or Forum Groups.
In order to participate in Forum Groups, you will be required to register with us www.withforum.com.
LICENSE OF MATERIALS
ACCESSING AND USING THE SITE AND FORUM PLATFORM
We reserve the right to withdraw or amend the Site or the Forum Platform, and any service or material we provide on the Site or through the Forum Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site or the Forum Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site or the Forum Platform, or the entire Site or Forum Platform, to users, including Members.
You are responsible for:
- Making all arrangements necessary for you to have access to the Site and the Forum Platform
In order to access some of the features of the Site and the Forum Platform you may choose to create an account. If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or the Forum Platform or portions of them using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If we receive any instructions or orders using your user-name and password we will consider it authorized by you.
Rules and Limits on Use; Modifications to the Site; Errors
We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the Site or the Forum Platform, including, but not limited to Forum Content, other features, and/or hours of availability, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site and the Forum Platform or restrict your access to part, or all, of the Site or the Forum Platform without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion. The Site and the Forum Platform, including without limitation Forum Content, may contain typographical, pictorial and/or other errors, deficiencies, or inaccuracies and may not be complete, correct, reliable, useful, suitable, accurate, timely, or current. We assume no responsibility for any such errors, deficiencies, inaccuracies, or omissions on any of the Site or the Forum Platform and do not guarantee that they will be corrected.
Specific Prohibited Uses
The Site, the Forum Platform, and Forum Groups may be used only for lawful purposes by individuals using our authorized services. You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through the Site, the Forum Platform, and/or Forum Groups. We specifically prohibit any use of the Site, the Forum Platform, and Forum Groups, and require all users to agree not to use any of them, for any of the following:
a. Providing or holding yourself out as providing any medical, psychological, or other health care service, as described above.
b. Posting any information which is incomplete, false, inaccurate or not your own;
c. Impersonating another person;
d. Recording, whether by audio or video or other imaging, any part of Forum Group sessions or any information about other Members, including but not limited to their identities, contact information, or personal information;
e. Constituting or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol;
f. Posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
g. Posting material that reveals trade secrets, unless you own them or have the permission of the owner;
h. Posting material that infringes on any other intellectual property, privacy or publicity right of another;
i. Transmitting or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of US export control laws;
j. Attempting to interfere in any way with the Site’s or the Forum Platform’s or our networks or network security, or attempting to use the Site or the Forum Platform to gain unauthorized access to any computer system.
Violations of system or network security may result in civil or criminal liability. We will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site or the Forum Platform, including, without limitation, the following:
a. Accessing data not intended for such user or logging into a server or account which user is not authorized to access;
b. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
c. Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site or the Forum Platform, overloading, “flooding”, “mailbombing” or “crashing”; or sending unsolicited e-mail, including promotions and/or advertising of products or services, or
d. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
We control and operate the Site and the Forum Platform from our offices in the United States of America, and all information is processed within the United States. We do not represent that materials on the Site or the Forum Platform are appropriate or available for use in other locations. Persons who choose to access the Site or the Forum Platform from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site and the Forum Platform. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Our Proprietary Rights
As between you and us, (or other company whose marks appear on the Site or Forum Platform), we (or the respective company) are the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Site or Forum Platform, and are the copyright owner or licensee of the Forum Content and/or information on the Site or in the Forum Platform, unless otherwise indicated.
Except as otherwise provided herein, use of the Site and the Forum Platform does not grant you a license to any Forum Content, features or materials you may access on the Site or the Forum Platform and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Content, features or materials, in whole or in part. Any commercial use of the Site or Forum Platform is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Forum Content or screens for any purpose except as otherwise provided by us. If you make use of the Site or Forum Platform other than as provided herein, in doing so you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Site or Forum Platform.
The information on the Site and the Forum Platform including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including copyright law.
Product names, logos, designs, titles, words or phrases may be protected under law as our trademarks, service mark or trade names or other entities. Such trademarks, service marks and trade names may be registered in the United States and internationally.
Our logos and service names are our trademarks. Without our prior permission, you agree not to display or use our trademarks in any manner. Nothing on the Site or the Forum Platform should be construed to grant any license or right to use any of our trademarks without our prior written consent.
We respect the intellectual property rights of others and prohibit users from uploading and posting materials that infringes another party’s intellectual property rights. If you believe that your material has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following written information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Site or the Forum Platform; (iv) your address, telephone number, and e-mail address; (v) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner of authorized to act on the copyright owner’s behalf. Our copyright agent for notice of claims of copyright infringement on the Site and the Forum Platform can be reached as follows:
Copyright Agent: firstname.lastname@example.org
It is often difficult to determine if your intellectual property rights have been violated or if the Digital Millennium Copyright Act (DMCA) requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove or disable access to the allegedly infringing material pending resolution of the matter. We will terminate the accounts of users that we determine are repeat infringers.
Please note that under Section 512(f) of the Copyright Act any person who makes false claims that material or an activity is infringing may be subject to liability for damages.
Links from and to the Site or Forum Platform
You may be able to link to third party websites (“Linked Sites”) from the Site or the Forum Platform. Linked Sites are not, however, reviewed, controlled or examined by us in any way and we are not responsible for the content, availability, advertising, products, information or use of user information or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply our endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall we be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. You should direct any concerns to that site's administrator or Webmaster. We reserve the exclusive right, at our sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or introduce different features or links to different users.
Permission must be granted by us for any type of link to the Site. To seek our permission, you may write to us. We reserve the right, however, to deny any request or rescind any permission granted by us to link through such other type of link, and to require termination of any such link to the Site, at our discretion at any time.
You agree to defend, indemnify and hold us, our directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your use of the Site, your violation of the Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:
THE SITE AND THE FORUM PLATFORM, INCLUDING, WITHOUT LIMITATION, ALL CONTENT (INCLUDING WITHOUT LIMITATION FORUM CONTENT), FUNCTION, MATERIALS AND SERVICES IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE OR THE FORUM PLATFORM, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SITE OR THE FORUM PLATFORM. WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY SERVICES OR INFORMATION PROVIDED BY FACILITATORS OR OTHER USERS THROUGH THE FORUM PLATFORM. WE ARE NOT A PARTY TO, AND DO NOT MONITOR, ANY TRANSACTION BETWEEN FACILITATORS, MEMBERS, OTHER USERS AND THIRD PARTIES WITHOUT OUR DIRECT INVOLVEMENT.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE, NOR OUR AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE/MISUSE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF WE OR OUR REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00.
Agreement to Arbitrate Disputes/ Jury and Class Action Waiver
Any controversy or claim arising out of or relating to your use of the Site or the Forum Platform (including any claim involving us or our affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers) shall be settled by arbitration administered by arbitration through JAMS and their Rules conducted in New York County, New York, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. You consent to jurisdiction of the state or federal courts located in New York County, New York for enforcement of this arbitration provision.
Our customer service department can resolve most customer concerns quickly and to the user's satisfaction. Please contact us using the contact information below. Before either of us can begin an arbitration, we must each notify each other about the claim in writing (“Notice”) and try to resolve the dispute informally within 30 days. If you have a claim, you must send us a letter in which you (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). In the unlikely event that you are not satisfied with customer service's solution (or if we have not been able to resolve a dispute after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Unless expressly limited by this provision, arbitrators can award the same damages and relief that a court can award. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. In arbitration you are entitled to recover attorneys' fees from us to at least the same extent as you would be in court. Notwithstanding the foregoing, either party may bring an action in small claims court seeking only individualized relief, so long as the action remains in that court and is not removed or appealed to a court of general jurisdiction. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies.
If we and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or we may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by us or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or we are entitled. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the JAMS 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 award is based. If you reside outside of the United States, and to the extent that applicable local law prevents certain disputes from being arbitrated in accordance with this Agreement to Arbitrate Disputes provision of the Terms, then you can file those disputes in your local courts. Likewise, if you reside outside of the United States, and applicable local law prevents your local court from applying State of New York law to resolve these disputes, then these disputes will be governed by the applicable local laws of your country, or other place of residence.
Limitation on Time to File Claims
Consent to Processing
By providing any personal information to the Site or the Forum Platform, all users, including without limitation users in the European Union, fully understand and unambiguously consent to the collection and processing of such information in the United States.
You agree that no joint venture, partnership, employment, or agency relationship exists between us and you as a result of these Terms or your use of the Site or the Forum Platform.
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