Terms Of Service
These Terms of Service (Terms) govern your access to and use of the services, including our various websites, SMS, email notifications, applications, buttons, and widgets, (the "Services" or "SurvivingMyLife"), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "Content"). Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to these Terms.
You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will/may be able to be viewed by other users of the Services and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms. What you say on SurvivingMyLife may be viewed all around the world instantly.
You may use the Services only if you can form a binding contract with SurvivingMyLife and are not a person barred from receiving these services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services that SurvivingMyLife provides are always evolving and the services that SurvivingMyLife provides may change without prior notice to you. In addition, SurvivingMyLife may stop (permanently or temporarily) providing the Services to you and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by SurvivingMyLife on the Services are subject to change. In consideration for SurvivingMyLife granting you access to and use of the Services, you agree that SurvivingMyLife and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
We do our best to keep SurvivingMyLife safe, but we cannot guarantee it. We need your help to keep SurvivingMyLife safe, which includes the following commitments by you:
- You will not post unauthorized commercial communications (such as spam) on SurvivingMyLife.
- You will not collect users' content or information, or otherwise access SurvivingMyLife, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on SurvivingMyLife. You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user. SurvivingMyLife reserves the right to take legal action against such case.
- You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- We reserve the right to remove content and may contact law enforcement if there is a risk to others, yourself or to SurvivingMyLife or any of its affiliates. We also prohibit promoting, planning or celebrating any of your actions if they have, or could, result in harm to others, including but not limited to theft and vandalism.
- You will not use SurvivingMyLife to do anything unlawful, misleading, malicious, or discriminatory. SurvivingMyLife reserves the right to take legal action against such case.
- You will not do anything that could disable, overburden, or impair the proper working or appearance of SurvivingMyLife, such as a denial of service attack or interference with page rendering or other SurvivingMyLife functionalities.
- You will not facilitate or encourage any violations of this Statement or our policies.
- SurvivingMyLife reserves the right to change, alter or add to any of these stipulations without prior notice to the user.
- You will not provide any false personal information on SurvivingMyLife, or create an account for anyone other than yourself without permission.
- You will not create more than one personal account.
- If we disable your account, you will not create another one without our permission.
- You will not use your personal information for your own commercial gain.
- You will not use SurvivingMyLife if you are a convicted sex offender.
- You will keep your contact information accurate and up-to-date.
- You will not post content or take any action on SurvivingMyLife that infringes or violates someone else's rights or otherwise violates the law.
- We can remove any content or information you post on SurvivingMyLife if we believe that it violates these statements or our policies. We reserve the right to take legal action if necessary.
- If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, you may appeal our decision by sending us information to support your claim(s).
- If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
- You will not post or upload anyone's identification documents or sensitive information on SurvivingMyLife.
- After receiving warning, if you continue to post material which we have advised you not to post; create a false identity or forged e-mail address(s) or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; post, generate or disseminate so-called "spam" or mass-mailings; harvest or otherwise collect information about others, including email addresses, without their consent we reserve the right to take legal action.
If you see something or witness something on SurvivingMyLife that you believe violates any of our terms, you should report it to us. Please keep in mind that reporting a piece of content does not guarantee that it will be removed from the site.
Because of the diversity of our community and the nature of SurvivingMyLife, it's possible that something could be disagreeable or disturbing to you without meeting the standards for being removed. We offer personal controls over what you see, such as the ability to hide or quietly cut ties with people or support groups.
SurvivingMyLife makes no representation or warranty whatsoever as to (a) the willingness or ability of any Counselor or supporter to give advice, (b) whether the Member shall find the advice given by a Counselor or supporter satisfactory, (c) whether the advice of the Counselor or supporter will provide an adequate solution to his or her question, or (d) whether the Counselor or supporter's advice will otherwise be suitable to his or her needs.
SurvivingMyLife does not verify the skills, degrees, qualifications, credentials or background of any Counselors or supporters. Therefore, Users are encouraged to independently verify the skills, degrees, qualifications, credentials and background of those Counselors and supporters from whom s/he receives or contemplates to receive advice or services.
SURVIVINGMYLIFE DOES NOT REFER, ENDORSE, RECOMMEND, VERIFY, EVALUATE OR GUARANTEE ANY ADVICE, INFORMATION, OR OTHER SERVICES PROVIDED BY COUNSELORS OR SUPPORTERS, AND NOTHING SHALL BE CONSIDERED AS A REFERRAL, ENDORSEMENT, RECOMMENDATION OR GUARANTEE OF ANY COUNSELOR OR SUPPORTER. SURVIVINGMYLIFE DOES NOT WARRANT THE VALIDITY, ACCURACY, COMPLETENESS, SAFETY, LEGALITY, QUALITY, OR APPLICABILITY OF THE CONTENT OR ANYTHING SAID OR WRITTEN BY ITS COUNSELORS AND SUPPORTERS OR ANY ADVICE PROVIDED, INCLUDING ANY INFORMATION CONTAINED IN ANY COUNSELOR OR SUPPORTER LISTING. SURVIVINGMYLIFE WILL NOT BE LIABLE FOR ANY DAMAGES SUSTAINED DUE TO RELIANCE BY MEMBER ON SUCH INFORMATION OR ADVICE PROVIDED BY ANY COUNSELOR OR SUPPORTER.
IF A USER CHOOSES TO INTERACT WITH ANY MENTAL OR MEDICAL HEALTH PROFESSIONAL, PHYSICIAN, OR OTHER COUNSELOR ON THE SITE, THE USER RELATIONSHIP IS STRICTLY WITH THE PROFESSIONAL OR COUNSELOR. SURVIVINGMYLIFE IS NOT INVOLVED IN ANY WAY WITH THE SUBSTANCE OF THAT RELATIONSHIP OR THE ADVICE OR INFORMATION GIVEN THEREIN, AND DOES NOT VALIDATE THE INFORMATION OR ADVICE PROVIDED.
THE ADVICE OR INFORMATION PROVIDED BY COUNSELORS IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND CANNOT BE CONSIDERED A SUBSTITUTE FOR PROFESSIONAL ADVICE. WITHOUT LIMITING THE PREVIOUS STATEMENT, ADVICE OR INFORMATION PROVIDED BY MEDICAL HEALTH PROFESSIONALS OR PHYSICIANS IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND CANNOT BE CONSIDERED A SUBSTITUTE FOR A FACE-TO-FACE PHYSICAL EXAMINATION OF THE MEMBER BY A DOCTOR. MEMBERS SHOULD NOT RELY SOLELY ON ADVICE PROVIDED BY COUNSELORS ON THE SITE. SURVIVINGMYLIFE STRONGLY RECOMMENDS THAT A MEMBER SEEKING MENTAL HEALTH OR MEDICAL ADVICE MAKE AN APPOINTMENT FOR AN EXAMINATION IN PERSON WITH QUALIFIED PROFESSIONALS.
SurvivingMyLife does not endorse or recommend any Counselor or supporter on the Site. SurvivingMyLife member understands that it is his or her responsibility to check the certification and/or licensing of the mental health professional, physician, or other professional Counselor with the applicable state licensing Board or authorities in the Counselor's state or country.
SurvivingMyLife member acknowledges no Counselors are employees or agents of SurvivingMyLife and SurvivingMyLife assumes no responsibility for any act or omission of any such Counselor. User understands and agrees that, although a Counselor may have been accessed through the Site, SurvivingMyLife cannot predict or assess the competence of, or appropriateness for Member's needs, of the Counselor. User also understands that User takes full responsibility for the decision to access a Counselor through the Site and to continue to interact with the Counselor, and that the role of SurvivingMyLife is strictly limited to providing access to such professionals and other Counselors and their services for User's consideration.
User hereby releases and agrees to hold harmless SurvivingMyLife, its directors, officers, employees, agents, successors, advisors, consultants, and assigns no responsibility to SurvivingMyLife from any and all causes of action and claims of any nature resulting from the acts of any Counselors accessed through the Site.
IF YOU ARE THINKING ABOUT SUICIDE OR FEEL THAT YOU MAY BE A DANGER TO YOURSELF OR TO OTHERS, PLEASE IMMEDIATELY CALL 911 (OR THE RELEVANT EMERGENCY NUMBER IN YOUR COUNTRY) AND NOTIFY THE POLICE OR EMERGENCY MEDICAL SERVICES.
Opinions of the medical or mental health professionals, physicians, and other Counselors on this Site are solely their opinions, and not those of SurvivingMyLife. SurvivingMyLife does not assume any liability or responsibility for the accuracy of the content on the Site, including the biographical information, qualifications, credentials or other data regarding the mental health professionals, physicians, or other Counselors.
SurvivingMyLife does not assume any liability or responsibility for damage or injury to persons or property arising from the use of any information or advice given by a Counselor.
User should independently verify the qualifications, experience and credentials of any Counselor engaged by Member.
You are responsible for protecting the password that you use to access the Services and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. SurvivingMyLife cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
SurvivingMyLife does not warrant the validity, accuracy, or availability of the content and Counselor advice provided and it will not be liable for any damages sustained by Member due to reliance on such information or advice.
The information furnished by Counselors is intended for general reference purpose only. The consultation with Counselors via SurvivingMyLife cannot and does not replace a meeting with a professional. Member is encouraged to verify the information furnished by Counselors. Any information on SurvivingMyLife and information furnished by Counselors is not intended to offer a solution for a specific problem and must be considered as general in nature. ANY RELIANCE ON SUCH INFORMATION IS DONE AT THE MEMBER'S FULL AND SOLE LIABILITY.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such content. We may not monitor or control the content posted via the Services and, we cannot take responsibility for such content. Any use or reliance on any content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive.
You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
This license is you authorizing us to make your typed material available to the rest of the world and to let others do the same.
You agree that this license includes the right for SurvivingMyLife to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with SurvivingMyLife for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
SurvivingMyLife is always evolving the set of standards for how users can interact with your Content. These rules exist to enable an open communication while protecting your privacy and keeping your rights in mind. But what's yours is yours. You own your Content (and your photos are part of that Content unless licensed thru a company or individual).
When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
Such additional uses by SurvivingMyLife, or other companies, organizations or individuals who partner with SurvivingMyLife, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. SurvivingMyLife will not be responsible or liable for any use of your Content by SurvivingMyLife in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
The support groups that you become members of will be able to access your information from your proﬁle. They will not have access to your registration information.
SurvivingMyLife gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by SurvivingMyLife as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by SurvivingMyLife, in the manner permitted by these Terms.
All rights, titles, and interests in and to the Services (excluding Content provided by users) are and will remain the exclusive property of SurvivingMyLife and its licensors. The Services are protected by Copyright, Trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the SurvivingMyLife name or any of the SurvivingMyLife Trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding SurvivingMyLife, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including but not limiting to investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of SurvivingMyLife, its users and the public.
SurvivingMyLife does not disclose personally identifying information to third parties except in accordance with our terms.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, SurvivingMyLife's computer systems, or the technical delivery systems of SurvivingMyLife providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by SurvivingMyLife (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with SurvivingMyLife (scraping the Services without the prior consent of SurvivingMyLife is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
SurvivingMyLife respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged Copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes Copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the Copyright owner or a person authorized to act on their behalf; (ii) identification of the Copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the Copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, SurvivingMyLife will also terminate a user's account if the user is determined to be a repeat infringer. Our designated Copyright agent for notice of alleged Copyright infringement appearing on the Services is:
Attn: Copyright Agent
222 Merchandise Mart Plaza
Chicago, IL 60654
The Terms will continue to apply until terminated by either you or SurvivingMyLife as follows.
You may end your legal agreement with SurvivingMyLife at any time for any reason by deactivating your account and discontinuing your use of the Services. You do not need to specifically inform SurvivingMyLife when you stop using the Services. We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms and or you create risk or possible legal exposure for us; and or our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.Nothing shall affect SurvivingMyLife's rights to change, limit or stop the provision of the Services without prior notice.
The Services may contain links to third-party websites or resources. You acknowledge and agree that SurvivingMyLife Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by any SurvivingMyLife Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SURVIVINGMYLIFE ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE SURVIVINGMYLIFE ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID SURVIVINGMYLIFE, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE SURVIVINGMYLIFE ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. MEMBER AGREES THE WEBSITE IS "AS-IS" AND WILL BE USED AS SUCH AND THEREFORE MEMBER WILL NOT HAVE ANY CLAIM OR DEMAND OF SURVIVINGMYLIFE IN RESPECT TO SURVIVINGMYLIFE'S COUNSELORS, SUPPORTERS, PROPERTIES, LIMITATIONS OR COMPATIBILITY WITH THE MEMBER'S NEEDS. THE USE OF SURVIVINGMYLIFE IS AT THE MEMBER'S SOLE RISK.
The failure of SurvivingMyLife to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
These Terms and any action related thereto will be governed by the laws of the State of Illinois without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in Chicago, Illinois United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Illinois (excluding choice of law).
These Terms are the entire and exclusive agreement between SurvivingMyLife and you regarding the Services (excluding any services for which you have a separate agreement with SurvivingMyLife that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between SurvivingMyLife and you regarding the Services. Other than members of the group of companies of which SurvivingMyLife is the parent, no other person or company will be third party beneficiaries to the Terms.
We may revise these Terms from time to time, the most current version will always be at www.survivingmylife.com/terms. If the revision, in our sole discretion, is material we will notify you via an e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
These Services are operated and provided by SurvivingMyLife, 222 Merchandise Mart Plaza Ste 1212 Chicago, Illinois 60654. If you have any questions about these Terms, please contact us.
Effective: September 1, 2012