Updated July 10, 2018
This User Agreement (“Agreement”) sets forth the terms and conditions that govern your access to and use of the myStrength website or mobile application (the “Services”). The Services are owned or licensed and operated by myStrength, Inc. a Delaware C corporation (“we”, “our”, “us”, or “Company”).
1. Acceptance of Terms
By accessing or using the Services, you agree to be legally bound and to abide by the terms herein as if you had physically signed this Agreement. We may amend this Agreement at any time which is effective after 15 days of posting such amended agreement, and your continued access or use of the Services will signify your acceptance of any amended Agreement. If you do not agree to the changes, you may discontinue your registration and use of the Services by sending an e-mail request to email@example.com.
2. Use of this Service
You agree to provide Company only true, accurate, current, and complete information, and shall update that information to keep it true, accurate, current and complete.
We respect copyright law and expect our users to do the same. Unauthorized copying or distribution of copyrighted works is an infringement of the copyright holders’ rights. In our discretion, we may terminate your account in the event of suspected copyright infringement.
Certain information and content provided through the Service are created by third parties that are not affiliated with us. While we try to select partners that share our dedication to accuracy and integrity, we shall not be liable for the accuracy of any such information or content provided by third parties.
3. No Medical Advice
We are not a health care provider. The Services provided are not medical advice and are not intended to be used to diagnose, select treatment for, or cure any health concern or condition. Rather, the Services are to be used for self-development and educational purposes only. The Services do not establish any physician-patient relationship or supplant an in-person medical consultation or examination. Appropriate medical attention and advice should always be sought for any health issues or concerns that you may have, and you should not ignore medical advice or delay seeking medical advice because of any Services offered. If you have any current medical conditions, you should consult your physician before using the Services. If you feel any ill effects when using the Services, immediately stop using the Services and seek medical advice.
Coaches that are offered as part of the Services are not licensed healthcare professionals. The coaches do not provide medical care or other professional services. The role of the coach is to provide limited support and the interactions are not intended as a substitute for professional health care advice, diagnosis, or treatment. If you think you may have a medical emergency, call your doctor or 911 immediately.
Communities that are offered as part of the Services are NOT therapy. By accepting the terms of this Agreement you agree that you will abide by our community guidelines and understand our forums are not a replacement for professional help.
4. Intellectual Property Rights
All title and intellectual property rights (including without limitation, copyrights, trademarks, and trade secrets) are owned by us and/or third parties with whom we have contracted (Company’s “Intellectual Property”). Our Intellectual Property is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of our Intellectual Property is expressly prohibited by law, and may result in civil and criminal penalties. Accordingly, you shall not modify, publish, distribute, transmit, transfer or sell, create derivative works, or in any way exploit any of the content provided as a part of the Services, in whole or in part. This Agreement does not grant you any rights to use the content other than in accordance with the terms of the Agreement. The U.S. export control laws regulate the export and re-export of certain content and technology originating in the U.S., including the electronic transmission of information and software to foreign countries and foreign nationals. You agree to comply with these laws and not to transfer by electronic transmission or otherwise any content provided through the Services.
5. No Warranty
UNLESS OTHERWISE EXPRESSLY PROVIDED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS. NEITHER PARTY MAKES OR GIVES ANY EXPRESS OR IMPLIED REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, INCLUDING ANY WARRANTY OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR THOSE WARRANTIES WHICH MAY ARISE FROM COURSE OF DEALING OR USAGE OF TRADE. COMPANY DOES NOT WARRANT THE SECURITY OF THE SERVICES OR THAT IT WILL BE AVAILABLE 24 HOURS PER DAY, 7 DAYS PER WEEK.
6. Limitation of Liability
WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR INJURY CAUSED BY USE OR MISUSE OF OUR SERVICES. WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES OR FOR ANY LOSS OF DATA.
WE EXPRESSLY DISCLAIM ANY AND ALL RESPONSIBILITY FOR ANY LIABILITY, LOSS OR RISK WHICH MAY BE OR IS INCURRED AS A CONSEQUENCE, DIRECTLY OR INDIRECTLY, OF ANY USE OF OUR SERVICES.
WITHOUT LIMITING ANY OTHER CLAUSE OF THE AGREEMENT, IF WE ARE FOUND LIABLE TO YOU FOR ANY CLAIMS ARISING UNDER, OR IN CONNECTION WITH, ANY SERVICE, OUR AGGREGATE AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS SHALL NOT EXCEED THE ANNUAL FEES FOR THE SERVICES PAID TO US BY YOU OR THE PARTY PAYING ON YOUR BEHALF.
IF APPLICABLE LAW IMPLIES WARRANTIES OR CONDITIONS OR IMPOSE OBLIGATIONS WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT, WHERE PERMITTED, COMPANY LIMITS ITS LIABILITY UNDER SUCH PROVISIONS TO THE RESUPPLY OF THE SERVICE, OR AT COMPANY’S OPTION, THE COST OF HAVING THE SERVICES RESUPPLIED.
IF YOU ARE CURRENTLY THINKING ABOUT OR PLANNING TO HARM YOURSELF OR SOMEONE ELSE, PLEASE CALL 911, GO TO THE NEAREST HOSPITAL EMERGENCY ROOM, CALL THE NATIONAL SUICIDE PREVENTION LIFELINE AT 1-800-273-TALK (8255), OR VISIT THEM ONLINE.
7. Subscription Fees and Billing Policy
You are registering for the Services through your employer, clinician or other sponsoring entity (as a “Sponsored Member”).
Sponsored Members are not individually responsible for the subscription fees during the period of sponsorship. Your Sponsor (i.e. your employer, clinician, or other sponsoring entity) shall pay any subscription fees directly to us in accordance with the terms of a separate agreement. We will provide you with an Access Code that will allow you to access the Services. You are responsible for the use and protection of your Access Code, any unique login identifications that may be generated for you, and any passwords you select.
As a Sponsored Member, the Services are offered through your employer, clinician or other sponsoring entity. Your membership will remain active as long as your sponsoring entity continues their partnership with us.
9. Cancellation and Account Termination
You may cancel your account at any time by sending a request to customerservice@myStrength.com. If you would like us to delete your account in its entirety (meaning deleting all of your user data), please send your request to customerservice@myStrength.com. You may also contact us by phone via the number listed.
We may terminate and delete your account at any time if we determine, in our sole discretion, that you have breached the Agreement or abused your right to use the Services.
10. Right to Change
We may make changes in our sole discretion to the Services from time to time. For operational purposes, we may in our sole discretion discontinue all or any part of the Services or delete any data or content obtained through the Services. Any change to the Services is effective immediately upon a posting on the Site, electronic mail, or conventional mail.
By using or accessing the Services, you agree to indemnify and hold harmless Company, and our officers, directors, employees, and agents from any and all damage, loss, liability, and expenses, including reasonable attorneys’ fees, resulting from or related to any: (a) misuse of the Services; (b) breach or violation of this Agreement by you; (c) injuries to or death of any person arising in any way out of this Agreement; (d) damages to or loss of any property arising in any way out of this Agreement, or (e) claims of intellectual property infringement arising in any way out of this Agreement.
12. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado without regard to its conflict of laws provisions. All disputes arising out of this Agreement shall be litigated, if at all, in and before a court in Denver, Colorado and you expressly consent to the exclusive personal jurisdiction of and venue in a court located in Denver, Colorado. The prevailing party in any litigation brought in connection with this Agreement will be entitled to recover from the other party its costs, reasonable attorneys’ fees, and other expenses.
A party’s failure to enforce any provision of this Agreement shall not constitute a waiver of the provision or the right to enforce it at a later time.
This Agreement, your Access Code, and your usernames and passwords are not assignable or transferable without our prior written consent, and any such conveyance shall be null and void.
If any provision or portion of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remainder of this Agreement shall not in any way be affected or impaired thereby.
16. Entire Agreement
This Agreement constitutes the entire agreement of the parties with respect to its subject matter and supersedes all existing agreements and all oral, written, or other communications between them concerning its subject matter.
17. Legal Notice to California Users
California users are entitled to the following consumer rights information under California Civil Code § 1789.3:
Pricing Information. Any subscription fees for use of the Services are listed on the registration page of this Site. Company reserves the right to add, delete, or change fees or charges at any time as provided in this Agreement.
Complaints. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at 1-916-445-1254.