Terms of Service Agreement
(Last updated March 23, 2008)
LiveAStory.com is a service of Daily Behavioral Health.
1. ACCEPTANCE OF TERMS:
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.
You must read, agree with and accept all of the terms and conditions contained in the Agreement and the Privacy Policy before using Daily Behavioral Health's website. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE PRIVACY POLICY THEN DO NOT USE OR ACCESS Daily Behavioral Health's WEBSITE.
2. ELECTRONIC COMMUNICATIONS:
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.
3. BREACH:
Without limiting other remedies, Daily Behavioral Health may refuse to allow you to use its website if: (a) you breach this Agreement (or the User Code of Conduct contained herein), the Privacy Policy or the documents incorporated by reference; (b) Daily Behavioral Health is unable to verify or authenticate any information you provide to it; or (c) Daily Behavioral Health believes that your actions may cause financial loss or legal liability.
4. PRIVACY:
Daily Behavioral Health DOES NOT SELL OR RENT YOUR PERSONAL INFORMATION TO THIRD PARTIES WITHOUT YOUR CONSENT AND Daily Behavioral Health ONLY USES YOUR INFORMATION AS DESCRIBED IN DAILY BEHAVIORAL HEALTH'S PRIVACY POLICY. Daily Behavioral Health views protection of users' privacy as a very important community principle. Daily Behavioral Health clearly understands that you and your information are one of its most important assets. Daily Behavioral Health stores and processes your information on computers located in the United States. Daily Behavioral Health protects this information utilizing physical and technological security devices. If you object to the transfer or use of your information in this manner, please do not use Daily Behavioral Health's website.
5. DAILY BEHAVIORAL HEALTH'S PROPRIETARY RIGHTS:
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.
6. DISCLAIMER OF WARRANTIES:
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.
7. LIMITATION OF LIABILITY:
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.
8. EXCLUSIONS AND LIMITATIONS:
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.
9. LIMITATION OF CLAIMS
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.
10. LINKS:
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.
11. INDEMNITY:
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.
12. APPLICABLE LAWS-ARBITRATION-JURISDICTION-VENUE
The laws of the State of Ohio, without regard to conflict of law provisions, govern this Agreement, including any interpretations of the Agreement. You and Daily Behavioral Health agree to submit to arbitration, conducted by the American Arbitration Association, any disputes or claims arising out of 1.) the use of Daily Behavioral Health's website, 2.) this Agreement, or 3.) the Privacy Policy. You further agree that Ohio has exclusive jurisdiction and venue over these disputes and claims and you consent to the exclusive jurisdiction and venue of Ohio.
13. MODIFICATIONS TO SERVICE:
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.
14. TERMINATION:
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.
CODE OF USER CONDUCT
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:
- Violating the legal rights (such as rights of privacy and publicity) of others by defaming, abusing, harassing, stalking, or threatening them;
- Violating the terms of the CAN-SPAM Act of 2003 that is intended to combat unwanted email, or SPAM, specifically communications whose primary purpose is advertising or promoting a commercial product or service, including content on a Web-site. Note: A "transactional or relationship message" email that facilitates an agreed-upon transaction or updates a customer in an existing business relationship is generally exempted from the CAN-SPAM Act.);
- Uploading, posting, emailing, transmitting or otherwise making available any inappropriate, defamatory, infringing, "Adult", obscene, or unlawful Content;
- Uploading, posting, emailing, transmitting or otherwise making available any Content that infringes upon the Intellectual Property rights of Daily Behavioral Health or any other third party. For the purpose of this Code of Conduct, Intellectual Property shall include patents, trademarks, copyright, trade secrets, domain names or any other form of proprietary right of any party;
- Uploading, posting, emailing, transmitting or otherwise making available messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law, these Terms of Service or any applicable policies or guidelines;
- Impersonating another person or entity, or falsifying or deleting any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
- Restricting or inhibiting any other user from using and enjoying Daily Behavioral Health services;
- Using the Software for any illegal, infringing, or any other unauthorized purpose;
- Removing any copyright, trademark or other proprietary rights notices contained in or on the Software;
- Interfering with or disrupting the Software or other Daily Behavioral Health services or servers or networks connected to Daily Behavioral Health services, or disobeying any requirements, procedures, policies or regulations of networks connected to Daily Behavioral Health services;
- Circumventing or manipulating the Daily Behavioral Health fee structure, Daily Behavioral Health's billing process, or fees owed to Daily Behavioral Health by you or a third party;
- Submitting Content that falsely expresses or implies that such Content is sponsored or endorsed by Daily Behavioral Health;
- Promoting or providing instructional information about illegal activities or promoting physical harm or injury against any group or individual;
- Transmitting, posting, or promoting any materials that could harm or disrupt another user's computer(s) or that would allow another user to inappropriately use the Software, including, but not limited to viruses, worms, defects, Trojan horses, or any items of a destructive nature;
- Attempting to dilute the Daily Behavioral Health brand image through false advertising or promotion; or
- Creating an account to do competitive analysis of Daily Behavioral Health while on our site.
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.
15. GENERAL PROVISIONS
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.
16. NOTICE:
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.
17. ENTIRE AGREEMENT:
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.
Copyright © Daily Behavioral Health Inc. 2002-2020. All Rights Reserved.
Use of this web site constitutes acceptance of Daily Behavioral Health's Privacy Policy and Terms of Service.