BY CLICKING THE "ACCEPT" BUTTON, COMPLETING THE REGISTRATION PROCESS, OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED AND ACCEPT THIS AGREEMENT.
Neither party will use or disclose the other party's Confidential Information without the other's prior written consent except for the purpose of performing its obligations under this Agreement or if required by law, regulation or court order; in which case, the party being compelled to disclose Confidential Information will give the other party as much notice as is reasonably practicable prior to disclosing the Confidential Information.
MySupportPal and the Client are not responsible for the inability to provide Services (including commencing a scheduled session or the disruption of a session) due to force majeure. Acceptable unforeseeable circumstances for MySupportPal to reschedule a Client session that was either not conducted or partially conducted, are a direct result of, but not limited to, acts of God, governmental action, power failures, disruption of satellite service, or inability to obtain and/or maintain technical communications services. When able and at the earliest convenience, MySupportPal will telephone and/or email the Client to reschedule the unused session time.
When MySupportPal calls You for Your session, if You do not answer the phone call or the call goes into voicemail, MySupportPal will attempt to call You, no more than three times during Your session time frame, to start Your Session. There are no refunds if You are unavailable for Your scheduled session, except for when there is force majeure.
To the extent permitted by applicable law, You will indemnify, hold harmless and defend MySupportPal, at Your expense, from any and all third-party claims, actions, proceedings, and suits brought against MySupportPal or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, reasonable attorneys' fees and other litigation expenses) incurred by MySupportPal or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) Your breach of any term or condition of this Agreement; (ii) Your access to or use of the Website or Service; (iii) Your violation or alleged violation of any foreign or domestic, federal, state or local law or regulation; (iv) Your violations of applicable laws, rules or regulations in connection with the Service; (v) any representations and warranties made by You concerning any aspect of the Service; (vi) Your violation or alleged violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights; and (vii) any claims with respect to acts or omissions of any third party in connection with the Service. The Indemnified Parties will have the right, but not the obligation, to participate through counsel of their choice in any defense by You of any Claim as to which You are required to defend, indemnify or hold harmless the Indemnified Parties. You may not settle any Claim without the prior written consent of the concerned Indemnified Parties. MySupportPal reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by You.
BY USING THE WEBSITE TO REGISTER FOR A SESSION SERVICE, OR BY PARTICIPATING IN A MYSUPPORTPAL SESSION, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW. This Agreement is void where prohibited.
The Website And Services Do Not Provide.
MySupportPal provides the Website and Services for informational purposes only. THE WEBSITE AND SERVICES DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, 911 EMERGENCY SERVICES/ADVICE, SUICIDE PREVENTION SERVICES/ADVICE, PROFESSIONAL MEDICAL SERVICES/ADVICE OR PSYCHOLOGICAL SERVICES/ADVICE FOR SEVERE MENTAL DISORDERS OR AS DIAGNOSIS, TREATMENT, OR OPINION. MySupportPal is not a licensed medical professional, licensed psychologist, certified mental health consultant, urgent healthcare service, professional safety service, nor do we imply so. The Website and Services are not a substitute for professional mental health services, medical services, safety services, 911 Emergency Services, Suicide Prevention Services, medical professionals, licensed psychologists, and the information made available on or through the Website and Services should not be relied upon when making urgent safety decisions, medical decisions, decisions while experiencing a severe mental health disorder, or to diagnose or treat a severe mental, medical or health condition.
If You require emergency services, suicide prevention services, professional medical or mental health advice or services, You should consult Your appropriate professional service. We do not diagnose, prescribe, treat, cure, or provide medical services in any form. We simply share information with You. What You do with that information is Your choice. YOUR USE OF THE WEBSITE DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND MYSUPPORTPAL. YOU HEREBY AGREE THAT, BEFORE USING THE WEBSITE AND SERVICES, YOU SHALL CONSULT YOUR APPROPRIATE PROFESSIONAL SERVICE OR INDIVIDUAL.
YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE WEBSITE AND SERVICES. YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY MYSUPPORTPAL AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL CLAIMS, ACTIONS OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF SERVICES OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE WEBSITE AND SERVICES.
MySupportPal blog registration and blog posts enable You (a) to upload, submit, post, display, perform, distribute and/or view User Content. You acknowledge that blogs content are for public and not private communications. You further acknowledge that anything You upload, submit, post, transmit, communicate, share or exchange by means of any blog comment may be viewed on the Internet by the general public, and therefore, You have no expectation of privacy with regard to any such submission or posting. You are, and shall remain, solely responsible for the User Content You upload, submit, post, transmit, communicate, share or exchange by means of any blog post and for the consequences of submitting or posting same. MYSUPPORTPAL DISCLAIMS ANY PERCEIVED, IMPLIED OR ACTUAL DUTY TO MONITOR BLOG COMMENTS AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INFORMATION PROVIDED THEREON.
If You complete a blog registration and use the blog comment feature, You agree to the following.
By posting any comments, posts or other material on the blog, You give MySupportPal the irrevocable right to reproduce, distribute, publish, display, edit, modify, create derivative works from, and otherwise use Your submission for any purpose in any form and on any media. You also agree that You will not:
Post material that infringes on the rights of any third party, including intellectual property, privacy or publicity rights
Post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by MySupportPal in its sole discretion
Post advertisements or solicitations of business
Post chain letters or pyramid schemes
Impersonate another person
Allow any other person or entity to use Your identification for posting or viewing comments
Post the same note more than once or "spam"
MySupportPal reserves the right, but is not obligated, to do any or all of the following:
Remove communications that are abusive, illegal or disruptive, or that otherwise fail to conform with these Terms of Service
Terminate a User's access to the blog feature upon any breach of these Terms of Service
Edit or delete any communications posted on the blog feature, regardless of whether such communications violate these standards
You agree and understand that You may be held legally responsible for damages suffered by other Website members or third parties as the result of Your remarks, information, feedback or other content posted or made available on the Website that is deemed defamatory or otherwise legally actionable. Under the Federal Communications Decency Act of 1996, MySupportPal is not legally responsible, nor can it be held liable for damages of any kind, arising out of or in connection to any defamatory or otherwise legally actionable remarks, information, feedback or other content posted or made available on the Website.
Finally, You agree that You will indemnify MySupportPal against any damages, losses, liabilities, judgments, costs or expenses, including reasonable attorneys' fees and costs, arising out of a claim by a third party relating to any material You have posted.
Questionnaires and Testimonials
MySupportPal questionnaire accessed via a link in the post-session Client email is an optional form to be completed by You. MySupportPal keeps Your information and Your feedback strictly confidential, and will never share with any third party. Submission of a testimonial via the questionnaire by You to MySupportPal does grant MySupportPal the right and ability to utilize Your Testimonial on the Website and other marketing materials at MySupportPal's discretion. When MySupportPal includes a Testimonial on the Website, MySupportPal will only include Your first name, first initial of Your last name, Your city, and state. If the You annotate in the questionnaire that Your preference is to utilize Your full last name, MySupportPal shall do so.
Consent to Receive Email from MySupportPal.
By registering for a session service, You thereby consent to receive email communications regarding Your scheduled session. MySupportPal will email You a session confirmation email, a reminder of Your scheduled session 24-hours prior to Your session, and a post-session thank you email that includes a link to a questionnaire form.
MySupportPal’s provision of a link to any other website or Internet resource is for Your convenience only and does not signify MySupportPal endorsement of such other website or resource or its contents. MySupportPal shall have no responsibility or liability for any information, software, or materials found at any other website or Internet resource.
Third-Party Websites and Services.
The Website is linked with the websites of third parties (“Third-Party Websites”), some of whom may have established relationships with MySupportPal and some of whom may not. MySupportPal does not have control over the content and performance of Third-Party Websites. The Third-Party Websites that the Website has established relationships with are Google Analytics (located at http://www.google.com/analytics/terms/us.html), JotForm (located at http://www.jotform.com/terms/), and PayPal (located at https://www.paypal.com/cgi-bin/webscr?cmd=p/gen/terms-outside). MySupportPal does not operate, control, or endorse any information, products, or services on Third-Party Websites or accessible through Third-Party Websites in any way. MySupportPal is not responsible for examining or evaluating, and MySupportPal does not warrant the offerings of, any of these businesses or individuals or the content of their websites. MySupportPal does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
Certain of the Services offered through the Website are provided, in whole or in part, by third parties (“Third-Party Services” as provided by “Third-Party Service Providers”). In order to use Third-Party Services, You may be required to enter into additional terms and conditions with Third-Party Service Providers. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THOSE ADDITIONAL TERMS AND CONDITIONS, YOU MUST NOT USE THE RELATED THIRD-PARTY SERVICES.
The Third-Party Websites and Services may contain links to other websites not operated by MySupportPal. The inclusion of any links to other websites does not imply affiliation, endorsement or adoption by MySupportPal of those websites or the contents therein. MySupportPal is not responsible for the contents, links or privacy of any linked website.
DISCLAIMER OF WARRANTIES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, MYSUPPORTPAL MAKES NO OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NONINFRINGEMENT.
LIMITATION OF LIABILITY.
YOU UNDERSTAND AND EXPRESSLY AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MYSUPPORTPAL BE LIABLE UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF MYSUPPORTPAL OR ITS PARENT OR ITS SUBSIDIARIES AND AFFILIATES HAVE BEEN ADVISED OF, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM YOUR OR ANYONE USING YOUR REGISTRATION ACCOUNT OR MYSUPPORTPAL SERVICES.
MYSUPPORTPAL AND ITS PARENT LLC OR ITS WHOLLY OWNED SUBSIDIARIES' TOTAL CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED $50 (USD).
Exclusions and Limitations.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations and disclaimers in these Terms of Service may not apply to You. To the extent that MySupportPal may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of MySupportPal. Liability shall be the minimum permitted under such applicable law.
Your Representations and Warranties.
You represent and warrant that Your use of the Website and Services will be in accordance with this Agreement and any other MySupportPal policies, and with any applicable laws or regulations.
Compliance with Law
You represent and warrant that, when using the Website and Services, You will obey the law and respect the intellectual property rights of others. Your use of the Website and Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property generally. You agree not to upload, post, transmit, display, perform or distribute any content, information or other materials in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY VIOLATIONS OF ANY LAWS AND FOR ANY INFRINGEMENTS OF THIRD-PARTY RIGHTS CAUSED BY YOUR USE OF THE WEBSITE AND SERVICES. YOUR BEAR THE SOLE BURDEN OF PROVING THAT CONTENT, INFORMATION OR OTHER MATERIALS DO NOT VIOLATE ANY LAWS OR THIRD-PARTY RIGHTS.
MySupportPal, MySupportPal.com and the MySupportPal logo (collectively, the “MySupportPal Marks”) are trademarks of Change Agents, LLC. Other trademarks, service marks, graphics, logos and domain names appearing on the Website may be the trademarks of third-parties. Neither Your use of the Website and Services, nor this Agreement, grant You any right, title or interest in or to, or any license to reproduce or otherwise use, the MySupportPal Marks or any third-party trademarks, service marks, graphics, logos or domain names. You agree that any goodwill in the MySupportPal Marks generated as a result of Your use of the Website and Services will inure to the benefit of Change Agents, LLC, and You agree to assign, and hereby do assign, all such goodwill to Change Agents, LLC. You shall not at any time, nor shall You assist others to, challenge Change Agents, LLC’s right, title, or interest in or to, or the validity of, the MySupportPal Marks.
The Website, Services, and this Agreement, including without limitation this Agreement’s interpretation, shall be treated as though this Agreement were executed and performed in Los Angeles, California and shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law principles. ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATING TO THE WEBSITE, SERVICES, OR THIS AGREEMENT MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE OR BE FOREVER WAIVED AND BARRED. ALL ACTIONS SHALL BE SUBJECT TO THE LIMITATIONS SET FORTH IN ABOVE. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.
Requirement of Arbitration.
You agree that any dispute, of any nature whatsoever, between You and MySupportPal arising out of or relating to the Website, Services, or this Agreement, shall be decided by neutral, binding arbitration before a representative in Los Angeles, California (as selected by MySupportPal, unless You and MySupportPal mutually agree to a different arbitrator), who shall render an award in accordance with the substantive laws of California. A final judgment or award by the arbitrator may then be duly entered and recorded by the prevailing party in the appropriate court as final judgment. The arbitrator shall award costs (including, without limitation, arbitrator fees and reasonable attorney’s fees) to the prevailing party.
Remedies in Aid of Arbitration; Equitable Relief.
This agreement to arbitrate will not preclude You or MySupportPal from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude You or MySupportPal from applying to a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. THE PROPER VENUE FOR ANY ACTION PERMITTED UNDER THIS SUBSECTION REGARDING “EQUITABLE RELIEF” WILL BE THE FEDERAL AND STATE COURTS LOCATED IN LOS ANGELES, CALIFORNIA; THE PARTIES HEREBY WAIVE ANY OBJECTION TO THE VENUE AND PERSONAL JURISDICTION OF SUCH COURTS.
Either party may terminate this Agreement at any time with notice. Upon any termination of this Agreement, MySupportPal will stop Services to You, or add or create new limits to our Services at any time, and You will stop accessing the Service. This Agreement shall automatically terminate in the event that You breach any of this Agreement’s representations, warranties or covenants. Such termination shall be automatic, and shall not require any action by MySupportPal. Any termination of this Agreement automatically terminates all rights granted to You under this Agreement, including all rights to use the Website and Services.
About theses Terms.
MySupportPal may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. MySupportPal will post notice of modifications to these terms on this page. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If You do not agree to the modified terms for a Service, You should discontinue Your use of that Service.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between MySupportPal and You. They do not create any third party beneficiary rights.
If You do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
The laws of California, U.S.A., excluding California’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services.
For information about how to contact MySupportPal, please visit our contact page.