LiveAStory.com is a service of Daily Behavioral Health.
Welcome to LiveAStory. Daily Behavioral Health provides a website to you, subject to the following Terms of Service Agreement ("Agreement"), which Daily Behavioral Health updates from time to time without notice to you. In addition, when using Daily Behavioral Health's website, you are subject to any posted guidelines or rules applicable to the website (Code of User Conduct). Daily Behavioral Health will post those guidelines or rules from time to time. Daily Behavioral Health hereby incorporates by reference all guidelines or rules into the Agreement.
When you visit Daily Behavioral Health.com or send emails to Daily Behavioral Health, you are communicating with Daily Behavioral Health electronically. You consent to receive communications from Daily Behavioral Health electronically. Daily Behavioral Health will communicate with you by e-mail or by positing notices on this site. You agree that all agreements, notices, disclosures and other communications that Daily Behavioral Health provides to you electronically satisfy any legal requirement to communicate in writing.
You acknowledge and agree that Daily Behavioral Health's website and any necessary software used in connection with Daily Behavioral Health's website contain proprietary and confidential information protected by applicable intellectual property and other laws and is further subject to the terms and conditions contained in the Software License Notice.
You further agree that copyrights, trademarks, service marks, patents, or other proprietary rights and laws protect the content posted or information presented to you through Daily Behavioral Health's website. Except as expressly authorized by Daily Behavioral Health, you agree not to modify, rent, lease, sell, distribute or create derivative works based on Daily Behavioral Health's website or the software, in whole or in part.
Daily Behavioral Health or its content suppliers own the property rights to all content included on this website, including text, graphics, logos, button icons, images, data compilations, and software. Daily Behavioral Health also owns the exclusive property rights to the compilation of all content on this site. Daily Behavioral Health or its software supplier also own all software used on this site. United States and international copyright laws protect all of these property rights.
Daily Behavioral Health is a trademark of Daily Behavioral Health, Inc. Without Daily Behavioral Health's prior permission, you agree not to display or use in any manner, Daily Behavioral Health's marks.
YOU EXPRESSELY UNDERSTAND AND AGREE THAT:
Daily Behavioral Health AND ITS EMPLOYEES PROVIDE ITS WEB SITE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. Daily Behavioral Health AND ITS EMPLOYEES SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
YOUR USE OF THIS WEBSITE TO OBTAIN INFORMATION FROM Daily Behavioral Health IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF Daily Behavioral Health's WEBSITE.
YOU FURTHER ACKNOWLEDGE THAT Daily Behavioral Health PROVIDES NO WARRANTY IN CONNECTION WITH ANY ADVICE OR INFORMATION YOU OBTAIN FROM Daily Behavioral Health OR ITS WEBSITE.
Daily Behavioral Health AND ITS EMPLOYEES ARE NOT LIABLE, UNDER ANY CIRCUMSTANCES, WHETHER IN CONTRACT OR IN TORT OR UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY AND NEGLIGENCE), FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST DATA, INTERRUPTIONS OR LOST PROFITS ARISING OUT OF OR RELATING TO YOUR USE OF DAILY BEHAVIORAL HEALTH'S WEBSITE OR RELATING TO ANY BREACH OF THIS AGREEMENT.
SOME JURISDICITONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXLCUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINLGY, SOME OF THE LIMITATIONS OF SECTIONS 6 AND 7 MAY NOT APPLY TO YOU.
Regardless of any statute or law to the contrary, you agree to bring any claim or cause of action arising out of or related to the use of Daily Behavioral Health's website or the Agreement within one (1) year after the claim or cause of action arose. The failure to bring a claim or cause of action arising out of or related to the use of Daily Behavioral Health's website or the Agreement within one (1) year after the claim or cause of action arose, forever bars the claim or cause of action.
Daily Behavioral Health may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Daily Behavioral Health has no control over those sites and resources, you acknowledge and agree that Daily Behavioral Health is not responsible for the availability of those external sites or resources, and Daily Behavioral Health neither endorses nor accepts responsibility or liability for any content, advertising, products, or other material on or available from those sites or resources. You further acknowledge and agree that Daily Behavioral Health is not responsible or liable, directly or indirectly, for any damage or loss caused or allegedly caused by or in connection with use of or reliance on any content, goods or services available on or through any site or resource.
You agree to indemnify and hold Daily Behavioral Health and its affiliates, officers, directors, agents, and employees harmless from any third party claim(s), settlement of claim(s) or demand(s), including reasonable attorneys' fees, due to or arising out of your breach of the Agreement or the documents it incorporates by reference, your violation of any law or rights of a third party, your use of Daily Behavioral Health's website, or your connection to Daily Behavioral Health's website.
Daily Behavioral Health reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, its website (or any part thereof) with or without notice. You agree that Daily Behavioral Health has no liability to you or to any third party for any modification, suspension, or discontinuance of Daily Behavioral Health's website.
You agree that Daily Behavioral Health, in its sole discretion, may terminate your use of its website, for any reason, including, without limitation, the provisions of this Agreement or the specific provisions of the following Code of User Conduct, if Daily Behavioral Health believes that you have violated or acted inconsistently with the letter or spirit of the Agreement. Daily Behavioral Health may also in its sole discretion and at any time discontinue providing its website, or any part thereof, with or without notice. You also acknowledge and agree that Daily Behavioral Health may terminate your access to its website under any provision of this Agreement without prior notice. Further, you agree that Daily Behavioral Health is not liable to you or any third party for any termination of your access to its website.
By accepting Daily Behavioral Health's Terms of Service, you also agree that you are solely responsible for your own conduct and Content while using the Software and for any consequences thereof. Moreover, you agree to use the Software only for purposes that are legal, proper and in accordance with Daily Behavioral Health's Terms of Service and any other applicable laws, regulations, policies or guidelines. You are prohibited from using the Software to conduct various activities, including, but not limited to:
While Daily Behavioral Health prohibits such conduct and Content related to the Software, you understand and agree that Daily Behavioral Health may or may not pre-screen Content. Daily Behavioral Health shall have the right, but not the obligation, to pre-screen, refuse or remove any Content available via Daily Behavioral Health services. You also understand and agree that you nonetheless may be exposed to such conduct and/or Content and that you use the Software at your own risk. Violation of the Code of User Conduct is likely to result in account cancellation.
You agree that Daily Behavioral Health, in its sole discretion, may automatically assign the Agreement and all incorporated documents to a third party in the event of a merger or acquisition. If any court of law finds any provision of the Agreement invalid, void, unenforceable, or illegal, the remaining provisions shall remain in effect and enforceable. You also understand that headings are for reference purposes only, and in no way define, limit, construe or describe the scope or extent of any section. Daily Behavioral Health's failure to act with respect to a breach of the Agreement by you or others does not waive Daily Behavioral Health's right to act with respect to subsequent or similar breaches.
Daily Behavioral Health may notify you via either email or regular mail. Daily Behavioral Health's website may also provide notices of changes to the Agreement or other matters by displaying notices or links to notices to you generally on its website.
The Agreement constitutes the entire agreement between you and Daily Behavioral Health and governs your use of its website, superseding any prior agreements between you and Daily Behavioral Health.