These Terms of Use (“Terms”) are intended to constitute a binding agreement that conditions your use of the website(s) of Project Healthy Minds Corporation or its subsidiaries and affiliated companies (collectively “PHM”), including https://www.projecthealthyminds.com/ and any other website or service of PHM (collectively, the “Site”). PHM provides this Site to you and any other person or entity on whose behalf you accept these Terms (collectively “you”) subject to these Terms. These Terms are entered into by and between PHM and you, and you accept them by accessing or using the Site in any manner. If you do not agree to all of these Terms, you may not use this Site.
These Terms were last updated on June 7, 2021. PHM may change or modify these Terms or any policy or guideline of this Site at any time in its sole discretion. Whenever PHM makes a change to the Terms, the updated Terms will be posted on this Site. Your use of our Site following any changes constitutes your agreement to follow and be bound by the Terms as modified. You should review these Terms and applicable policies from time to time to understand the terms and conditions that apply to your use of the Site. PHM may change, move, or delete portions of, or may add to, the Site from time to time. If you do not agree to the amended Terms, you must stop using the Site.
Choice of Law/Jurisdiction
These Terms control the relationship between you and PHM to the extent not superseded by any other specific agreement. These Terms will be governed by and construed in accordance with the laws of the State of New York without giving effect to any principles of conflicts of laws thereof, and any conflict shall be resolved exclusively in the state and federal courts sitting in the State and City of New York, United States of America. A printed version of these Terms shall be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
WHERE PERMITTED UNDER APPLICABLE LAW, YOU AND PHM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER RELATING TO THE USE OF THIS SITE IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. BY USING THE SITE, YOU HEREBY IRREVOCABLY WAIVE THE RIGHT TO JOIN CLAIMS WITH OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE AGAINST PHM.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is deemed invalid, the parties agree that the remainder of the Terms shall remain in force and be interpreted to give effect to the intent of the parties reflected in the provisions hereof.
Submissions by You
You agree that you are solely responsible for any material posted or submitted by you. You represent and warrant that you own or otherwise control all of the rights to material submitted by you and that no use of such material by PHM will infringe or violate any rights of any third party. You agree to defend, indemnify, and hold PHM and its affiliates, subsidiaries, agents, representatives, employees, officers, directors, licensees, sponsors, partners, suppliers, and contractors (collectively, the “Affiliates”) harmless from and against any and all claims, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and legal costs) arising from or in connection with any material posted or submitted by you. PHM reserves the right, at any time and in its sole discretion, to delete, move, or edit any material posted or submitted by you.
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered by you to PHM on this Site or otherwise disclosed, submitted, or offered in connection with your use of this Site (collectively, the “Comments”) shall be and remain PHM’s property. Any such disclosure or submission of Comments shall constitute an assignment to PHM of all worldwide rights, titles, and interests in all copyrights and other intellectual property rights in the Comments. PHM will own exclusively all such rights, titles, and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. PHM is and shall be under no obligation to (1) maintain Comments in confidence; (2) pay any compensation for Comments; or (3) respond to any Comments.
Intellectual Property Rights
All material, content, and information (collectively, the “Content”) on the Site shall be and remain the property of PHM or its respective owners. PHM owns or has rights to all wallpaper, icons, characters, artwork, images, graphics, music, text, software, and other material of the Site and all code and scripts in any format used to implement the Site. Except as otherwise indicated on this Site, you agree not to copy, reproduce, sell, distribute, mirror, republish, upload, download, transmit, display for redistribution, or create derivative works of the Content or the Site, in whole or in part, by any means. All Content on this Site is the exclusive property of PHM and is protected by U.S. and international copyright, trademark, and other proprietary and industrial property laws.
“PHM Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans, graphics, and other designations PHM uses in connection with its products and services. You may not remove or alter any PHM Trademarks, or use PHM Trademarks, without PHM’s prior written consent. You acknowledge PHM’s rights in PHM Trademarks and agree that any use of PHM Trademarks by you shall inure to PHM’s sole benefit.
Donations and Payment Processing
You can make an online donation to PHM. PHM has engaged the services of third-party service provider(s) to process all donation/payment transactions. PHM is not affiliated with, nor the agent or employee of, any such third-party service provider. PHM is not responsible in any way for the actions or performance (or lack thereof) of any such third-party service provider. Accordingly, PHM expressly disclaims responsibility and liability for all payment processor services, and you hereby agree that PHM shall not be responsible for any loss or damage of any sort incurred as a result of such services.
Any information that you share with a third-party service provider in connection with your donation will be subject to the terms of service and privacy policy of that third-party provider processing your donation on PHM’s behalf.
You hereby acknowledge and agree that for all donations: (1) you will not use an invalid or unauthorized credit or debit card or other payment method; and (2) all donations are final and non-refundable.
General Disclaimer
If you believe you or another individual is suffering a mental health crisis or other medical emergency, contact your doctor immediately, seek immediate medical attention in an emergency room, or call 911.
Project Healthy Minds Corporation (PHM) is an advocacy organization and does not provide treatment advice. PHM’s website does not provide medical advice of any nature, specific or general, suggest any diagnosis or treatment, or endorse any physician or medical facility mentioned herein. Nothing contained in this website is intended to or should serve as a substitute for medical advice or diagnoses rendered to you by your individual doctor or other health care provider. Only a licensed physician should evaluate your situation, provide a diagnosis, or provide other medical advice to you, and you should act only upon the advice of such physician. Never disregard professional advice or delay in seeking it because of something you have read on the PMH website.
With regard to the materials presented on this website, PHM makes every effort to ensure that its sources of information are accurate, reliable and up-to-date, but it makes no express or implied warranties or representations that the information contained in the website is correct, complete, unbiased or useful. PHM is not liable for any errors or omissions in the materials presented on this website or for any use that you or others may make of those materials. By accessing the website, you acknowledge that any decision to use any content or service available through this website, or to take or not take any action based on information contained in this website, is your sole decision and based on your independent evaluation. Further, PHM is not liable for your reliance on any information published or made available on this website by any other institution or organization identified in any manner on this website. PROJECT HEALTHY MINDS CORPORATION AND ITS AFFILIATES, THE OPERATOR(S) OF THE WEBSITE OF PROJECT HEALTHY MINDS CORPORATION, AND ANY CONSULTANT WHO CONTRIBUTED TO THE DEVELOPMENT OF THIS MATERIAL SPECIFICALLY DISCLAIM ANY AND ALL CLAIMS OF LIABILITY OR DAMAGES INCURRED AS A DIRECT OR INDIRECT RESULT OF THE USE AND APPLICATION OF THE MATERIAL MADE AVAILABLE ON THIS WEBSITE.
Disclaimer on Professional Advice
THE INFORMATION AVAILABLE ON AND THROUGH THE SITE IS PRESENTED IN SUMMARY FORM AS A SUPPLEMENT TO, AND NOT A SUBSTITUTE FOR, THE KNOWLEDGE, SKILL, AND JUDGMENT OF QUALIFIED PSYCHIATRISTS, PSYCHOLOGISTS, PHYSICIANS, AND HEALTH CARE PROFESSIONALS. THE INFORMATION ON THE SITE HAS BEEN OBTAINED FROM SOURCES REASONABLY BELIEVED TO BE ACCURATE AND RELIABLE. YOU HEREBY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT THIS SITE AND ITS CONTENT AND TREATMENT RESOURCES DO NOT CONSTITUTE THE PRACTICE OF ANY MEDICAL, NURSING, OR OTHER PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS, OR TREATMENT. CONTENT ACCESSED ON OR THROUGH THE SITE IS NEITHER COMPLETE NOR EXHAUSTIVE AND DOES NOT COVER ALL DISABILITIES, DISEASES, ILLNESSES, AND PHYSICAL CONDITIONS OR THEIR MANAGEMENT OR TREATMENT. YOU SHOULD ALWAYS TALK TO YOUR HEALTH CARE PROVIDER FOR SPECIFIC GUIDELINES AND INSTRUCTIONS, INCLUDING THOSE RELATED TO DIAGNOSIS AND TREATMENT OF MEDICAL CONDITIONS. IN PROVIDING THE CONTENT, INFORMATION, AND TREATMENT RESOURCES – AND OFFERING ANY RELATED PRODUCTS OR SERVICES – WE ARE IN NO WAY REPRESENTING OR WARRANTING THAT SUCH INFORMATION, CONTENT, AND TREATMENT RESOURCES ARE APPLICABLE OR APPROPRIATE FOR YOUR NEEDS AND/OR CONDITION, OR THAT ANY PARTICULAR SERVICE OR PRODUCT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM OR CONDITION, PLEASE CONTACT A QUALIFIED HEALTH CARE PROFESSIONAL IMMEDIATELY.
IF YOU ARE IN THE UNITED STATES AND ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL 911 OR CALL FOR EMERGENCY MEDICAL HELP ON THE NEAREST TELEPHONE.
Helpline Disclaimer
PHM’s listing of helplines that provide medical care in the area of mental health does not in any way signify the endorsement or recommendation of the institutions that operate such helplines, or of any person associated with such institutions, by PHM or its governing board or its officers. PHM does not make any warranty or representation as to the quality of the services available through such helplines or at such institutions. PHM is not responsible or liable in any way for the representations, warranties, materials, research, products, services, actions, activities, negligence or malfeasance of any listed organization. Further, PHM is not liable for any action you or others may take based in any way on any information provided by such helpline.
PHM is not responsible for the continued existence or maintenance of these helplines. PHM does not accept payment for helplines listed on the PHM website. PHM reserves the right to remove any helpline reference, with or without cause.
The helplines are listed in alphabetical order, and no ratings or rankings should be inferred from the manner or order in which such resources are presented. The listings are provided as a convenience, and you must determine in your own discretion whether to contact, consult with or utilize the advice or resources of any listed helpline or of any other institution, health care provider or treatment resource.
Resources Disclaimer
While the grouping of resources presented on the “Resources” page of the Site is informed by the advice of the PHM Clinical Advisory, it is NOT intended to provide any diagnosis or intended to be an endorsement of the tools that are the most clinically effective. PHM does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be contained in the resources provided therein. PHM does not maintain a financial relationship with, or receive any payment or financial benefit from, any resource that may be found on the Site, or any organization responsible for or related to such resource. Further, the resources and categories of resources provided on the Site are not intended to be comprehensive or fully representative of every applicable resource or category of resources.
As with Helplines provided by PHM, no ratings or rankings should be inferred from the manner or order in which tools and resources are presented on the Site. The listings are provided as a convenience, and you must determine in your own discretion whether to contact, consult with or utilize the advice or resources of any third party institution, health care provider, treatment, or informational resource. PHM is not responsible for the continued existence or maintenance of these resources. PHM reserves the right to remove any resource reference, with or without cause.
Any external hyperlinks to resources on the Site are being provided as a convenience and for informational purposes only. They do not constitute an endorsement or an approval by PHM of any of the products, services, or opinions of any entity or individual. PHM bears no responsibility for the accuracy, legality, or content of any external site or for that of subsequent links. PHM urges users to contact the representatives of the external site in question, in relation to any inquiries related to the content contained therein.
Links to any content not created by PHM are taken at your own risk. PHM is not responsible for the claims or information provided by third parties or their websites that can be accessed through links on the Site.
Disclaimer of Warranties
While PHM attempts to provide accurate information, there may be inadvertent inaccuracies or errors contained in the Site. PHM may correct or change information on the Site without notice. You assume all responsibility and risk with respect to use of the Site.
PHM DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING INFORMATION CONTAINED IN OR ACCESSED FROM THE SITE, INCLUDING, BUT NOT LIMITED TO, ALL EXPRESS AND IMPLIED WARRANTIES, SUCH AS WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. PHM DOES NOT WARRANT THAT THE SITE IS FREE OF DEFECTS OR HARMFUL COMPONENTS AND IS PROVIDED “AS IS”. PHM DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ERRORS WILL BE CORRECTED. PHM DOES NOT ASSUME ANY LIABILITY FOR THE ACCURACY OR COMPLETENESS OF THE INFORMATION DISCLOSED OR ACCESSED THROUGH THE SITE. IT IS YOUR RESPONSIBILITY TO VERIFY ANY INFORMATION CONTAINED ON THE SITE BEFORE RELYING UPON IT.
Limitation of Liability
IN NO EVENT SHALL PHM, ITS AFFILIATES, OR ANY OF ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTENT PROVIDERS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOSSES, OR ANY OTHER DAMAGES OF WHATEVER KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY, WHETHER TANGIBLE OR INTANGIBLE) RESULTING FROM WHATEVER CAUSE, WHETHER IN AN ACTION UNDER THEORIES OF CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OR PERFORMANCE OF THE INFORMATION ON, OR ACCESSED THROUGH, THE SITE.
