Terms of Use

Terms of Use Agreement

Updated 09/01/2012

Welcome to MyTraumaRecovery web site (the Site).

 

If you think you may have a medical or psychological emergency, call your doctor or 911 immediately.

By clicking “I accept”, you are agreeing to comply with and be bound by the following terms of use. If you do not agree to these terms, you should not use the Site. Never disregard professional advice or delay in seeking it because of something you have read on the Site!

 

1.   No Psychotherapy or Client-Patient Relationship. Information contained on or made available through the Site, including through direct contact with our employees is for informational purposes only.  The information is not intended to and does not constitute therapy, or counseling under any circumstance and no client-patient relationship is formed. We do not warrant or guarantee the effectiveness, usefulness, accurateness, completeness, adequacy or currency of the information contained in or linked to the Site.  Your use of information on the Site or materials linked to the Site is entirely at your own risk.  We are not a medical, psychological or therapeutic practice. The information is not intended to be a substitute for professional medical or psychological advice, diagnosis or treatment.  Always seek the advice of a physician or licensed psychologist or other qualified health provider with any questions you may have regarding a medical or psychological condition.

 

2. Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms of Use (Agreement) with respect to the Site.  This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement.  This Agreement may be amended at any time by us from time to time without specific notice to you.  The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

 

2. Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights.  The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4 below, is strictly prohibited.  You do not acquire ownership rights to any content, document or other materials viewed through the Site.  The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.  Some of the content on the site is the copyrighted work of third parties.

 

3. Marks. MyTraumaRecovery and other marks are our service marks or registered service marks or trademarks.  Other product and company names mentioned on the Site may be trademarks of their respective owners.

 

4. Limited License; Permitted Uses. You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright notices and other policies contained therein.

 

5. Restrictions and Prohibitions on Use. Your license for access and use of the Site and any information, materials or documents (collectively defined as Content and Materials) therein for personal use only and any commercial, infringing or illegal use is not permitted.  You may not copy, print (except for the express limited purpose permitted by Section 4 above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved from it.

 

6. Uptime, Errors, Corrections and Changes.  We do not guarantee that the Site will always be available or available for any certain amount of time.  We reserve the right to take down the Site at any time for any reason. We do not represent or warrant that the Site or the medium used to transmit the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected.  We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable.  We may make changes to the features, functionality or content of the Site at any time.  We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.

 

7. Third Party Content. Third party content may appear on the Site or may be accessible via links from the Site.  We are not responsible for and assume no liability for any mistakes, misstatements, omissions, opinions, representations or any other form of third party content on the Site.  This content is provided as is without warranty of any kind.

 

8. Unlawful Activity.  We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

 

9. Indemnification. You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, advertisers, product and service providers, and affiliates (collectively, Affiliated Parties) harmless from any liability, loss, claim and expense related to your violation of this Agreement or use of the Site.

 

10. Nontransferable.  Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.  You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your password or account information.

 

11. Disclaimer. THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED AS-IS, AS AVAILABLE, WITH ALL FAULTS, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).  IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.  THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT OR OTHER MEDIA IS DISCLAIMED.

 

12. Limitation of Liability.  We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (1) any errors in or omissions from the Site or any services or products obtainable therefrom, (2) the unavailability or interruption of the Site or any features thereof, (3) your use of the Site, (4) the content contained on the Site, or (5) any delay or failure in performance beyond the control of us or an Affiliated Party. THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.

 

13. Privacy Policy. Our Privacy Policy, as it may change from time to time, is a part of this Agreement.  To the extent there is an inconsistency between this Agreement and the Privacy Policy, this Agreement shall govern.

 

14. Links to other Web Sites. The Site may contain links to other Web sites.  We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us.  Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us.  If you decide to leave our Site and access these third-party sites, you do so at your own risk.

 

15. Copyrights and Copyright Agents.

We respect the intellectual property of others, and we ask you to do the same.  If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:

·      An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

·      A description of the copyrighted work that you claim has been infringed;

·      A description of where the material that you claim is infringing is located on the Site;

·      Your address, telephone number, and email address;

·      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

·      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 or authorized to act on the copyright owner's behalf.

Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached by directing an e-mail to the Copyright Agent at info@bluesunsupport.com, or by mail at:

BlueSun, Inc.
206 South Limit Street
Colorado Springs, CO 80905

 

16. Miscellaneous. This Agreement shall be treated as though it were executed and performed in Colorado Springs, Colorado, and shall be governed by and construed in accordance with the laws of the State of Colorado (without regard to conflict of law principles).  Any cause of action by you with respect to the Site (and/or any information, Content and Materials, products or services related thereto) 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 above.  The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party.  Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement.  This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger.  If any provision of this agreement is held illegal, invalid or unenforceable for any reason, that provision shall be enforced to the maximum extent permissible, and the other provisions of this Agreement shall remain in full force and effect.  If any provision of this Agreement is held illegal, invalid or unenforceable, it shall be replaced, to the extent possible, with a legal, valid, and unenforceable provision that is similar in tenor to the illegal, invalid, or unenforceable provision as is legally possible.  To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.  Our rights under this Agreement shall survive any termination of this Agreement.  The title, headings and captions of this Agreement are provided for convenience only and shall have no effect on the construction of the terms of this Agreement.

17. Arbitration.  Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, Site operations, intellectual property, and our services, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association (AAA). Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Colorado Springs, Colorado, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.  Either you or BlueSun may seek any interim or preliminary relief from a court of competent jurisdiction in Colorado Springs, Colorado necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs incurred through AAA.

 

18. Termination. You agree that BlueSun, in its sole discretion, may terminate your membership, and remove and discard any content that you have entered on the Site, for any reason, including, without limitation, for lack of use or if BlueSun, in its sole opinion, believes that you have violated or acted inconsistently with the letter or spirit of this Agreement or that you are a repeat infringer of intellectual property rights.  You agree that any termination of your access to the Site under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that BlueSun may immediately deactivate or delete your account and all related information and files in your account and/or prevent any further access to such files or the Site.  Further, you agree that BlueSun shall not be liable to you or any third party for any termination of your access to the Site.

19. Age for use.  You agree that the user is 13 years of age or older.

 The terms BlueSun, us or our refers to BlueSun, Inc., the legal name of the owner of the Site.  The term you refers to the user or viewer of the Site.