Sunshine Behavioral Health, Telehelp, and any affiliated and parent organizations (collectively the Organization) provides this website, web applications, and mobile applications (collectively the Platform) to you subject to these terms and conditions. By accessing or the Platform, you agree to be bound by these Terms of Use without limitation or qualification. You represent and warrant to Sunshine Behavioral Health and Telehelp that you are at least 18 years of age and possess the legal right and ability to enter into this Agreement. IF YOU DO NOT AGREE TO OR ARE NOT LEGALLY ABLE TO AGREE TO BE BOUND TO THESE TERMS OF USE, DO NOT ACCESS OR USE THE Platform.
The Organization may amend, change, or update these Terms of Use from time to time. The most current version is posted on www.telehelpapp.com, and withing the Platform and the changes become effective immediately upon posting to all access and use of the Platform thereafter. Your continued access or use of the Platform shall constitute your agreement to any changes to these Terms of Use. The Organization may modify, suspend, discontinue, or restrict the use of any portion of the Platform, including the availability of any portion of the content of the Platform, at any time, without notice or liability.
These Terms of Use, together with The Organizations’ Privacy Policy, any additional privacy notices or usage guidelines posted on or through the Platform, constitute the entire agreement and understanding of the parties relating to the Platform. Information collected on this Platform is subject to The Organizations Privacy Policy. By using the Platform, you consent to all actions The Organization takes with respect to your information in compliance with the Privacy Policy. Please review it to understand the Organizations’ privacy practices.
These Terms of Use last modified: June 13th, 2022
So long as you comply with these Terms of Use, The Organization grants you access to and use of the Platform only for its permitted purposes and not for commercial reproduction, distribution, publication, or any other activity in contravention of these Terms of Use, applicable law, or the Organization or any third party’s rights. You may not copy, modify, adapt, disassemble, reverse engineer, decompile, distribute, sell, lease, perform, display, transmit, create derivate works, translate, circumvent any antipiracy or other technology that restricts access, or otherwise alter or attempt to discover the source code, object code, or other portion of the Platform. You may not assign or transfer this permission to others.
To access certain features of the Platform, you must have a personal user name and passwords, which you may request through the Platform by providing certain information. You represent and warrant that all information you provide through the Platform is correct, current, and complete. You acknowledge it is your responsibility to treat the user name and password assigned to you as confidential, refrain from disclosing them to others, and protect their security. You also acknowledge that your account is personal to you and you will not provide any other person with access to the Platform or protected information under your user name and password. Notify The Organization immediately if any unauthorized access to or use of your user name or password or other breach of security has occurred. The Organization has the right to disable your user name and password at any time in its discretion for any or no reason, including if The Organization believes you have violated these Terms of Use.
You may be permitted to provide, post, release, transmit, or submit various types of data, content, or information in connection with, to, or through the Platform (“User Material”). Any User Material is and will be treated as confidential. Any User Material may be used by The Organization for the purpose of providing services on the Platform, or directly to the user.
You understand that you are the sole person responsible for any and all actions performed using your account, including all uploaded or transmitted User Material, including, but not limited to, all information, data, text, questions, comments, suggestions, software, music, sound, photographs, graphics, video, audio, messages, or other material. You warrant and agree that you will NOT:
Post, upload, or transmit through the Platform any unlawful, threatening, libelous, defamatory, infringing, obscene, indecent, scandalous, inflammatory, pornographic, harassing, profane, or other objectionable materials, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil or criminal liability under U.S. federal, state, local, or international law, or otherwise violate any law or contractual obligation;
Disseminate or transmit files, graphics, software or other material, data or work that actually or potentially infringes the copyright, trademark, patent, trade secret, or other intellectual property right of any person;
Export, re-export, or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses and/or exemptions;
Collect or store personal information about other users;
Stalk or harass another;
Use this Platform in any manner that could impair the network infrastructure or the functioning or operation of the Platform or related equipment or could in any way interfere with other users’ use of this Platform as determined by The Organization in its sole discretion;
Use this Platform to disseminate or transmit any bug, virus, Trojan horse, worm, trap door, or other malicious, harmful, or disabling data, work, code or program;
Impersonate another or manipulate or forge information to disguise the origin of information posted or used on this Platform;
Post, provide, transmit, or otherwise make available any junk mail or spam;
Attempt to access any unauthorized account, computer, or other network connected to the Organizations’ server through any means;
Override or circumvent any of the protections or usage rules embedded into the Platform;
Use the Platform as an “open relay” or for similar purposes;
Engage in any conduct that is harmful to minors in any way;
Take information or content from the Platform, including but not limited to any member or individual information such as names, e-mail addresses, contact information, or personalized information, for use for any purpose;
Use the Platform other than as allowed by applicable law; or
Engage in any other activity deemed by The Organization to be in conflict with the spirit or intent of these Terms of Use.
You agree to indemnify, defend, and hold The Organization, its parent, subsidiaries and affiliates, agents, officers, directors, employees, representatives, and insurers, and their respective successors and assigns harmless from and against any and all claims, demands, liabilities, losses, awards, judgments, settlements, costs, fees, expenses (including reasonable attorneys’ fees), damages, made by anyone due to or arising from (i) your access or connection to, or use of this Platform, (ii) your defamation of another or your violation of another person’s copyrights, trademark rights, or other intellectual property, privacy, publicity, contractual, or other rights, (iii) allegations of facts that, if true, would constitute a breach by you of these Terms of Use, (iv) injury to persons (including death) or property, including loss or corruption of data caused by you. The Organization reserves the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification provision by you and, in such case, you agree to cooperate with The Organizations’ defense of such claims.
This Platform is protected by copyright and other intellectual property laws, and any unauthorized access to or use of the Platform or any portion thereof may violate such laws.
All content, software, HTML, source code, object code, and any other code, associated media, print media, online or electronic documentation, data, and script forming a part of the Platform and all trademarks, service marks, trade dress, logos, and tag lines displayed on the Platform are the sole and exclusive property of The Organization. You shall not challenge the intellectual property rights associated with the foregoing or do anything that might impair or damage those rights.
You are not granted any right or license, either express or implied, in any copyright, trademark, service mark, trade dress, logo, tag line, patent, trade secret, right of publicity, or other intellectual or proprietary right of The Organization or any of the goodwill associated with any of the foregoing.
You shall not reproduce, edit, modify, adapt, or distribute the foregoing for any purpose whatsoever in violation of existing intellectual property rights. You shall not remove any copyright, trademark, or other proprietary legends or notices that appear on, in, or as part of the Platform.
Please send any notices, questions, comments, or concerns regarding this Website, including any notifications of claimed copyright infringement, to:
Sunshine Behavioral Health 30950 Rancho Viejo Road Suite 225 San Juan Capistrano, CA 92675-6785
Links to Internet sites owned, operated, or maintained by third parties not under Sunshine Behavioral Health’s control may be available through the Platform. These links are provided for your convenience of reference only. Such links are not and shall not be deemed to be The Organizations endorsement of the other organization or individual associated with the linked site and these Terms of Use do not apply to the linked site. The Organization is not responsible for the content, quality, security, or accuracy of any materials or sites referenced or linked through this Platform. You assume sole responsibility and liability for your use of such linked sites.
Links to other Internet sites owned, operated, or maintained by The Organization may be available through the Website. Your use and access of such linked sites may be subject to separate terms of use or other agreements.
You must obtain Sunshine The Organizations prior written consent before placing, displaying, or otherwise providing any link(s) to this Platform.
The Organization is based in the U.S. and provides this Platform for use by persons located in the U.S. This Platform may contain products or services, or references to products or services, that are not available outside the U.S. Any such references do not imply that such products or services will be made available outside the U.S. Sunshine Behavioral Health makes no claims that the Platform or any of its content and software is accessible or appropriate outside the U.S. If you access and use this Platform outside the U.S., you are responsible for complying with your local laws and regulations.
The Website (referring to www.telehelpapp.com) is intended as a convenience and reference for you regarding the Platform as a whole and is not professional medical, pharmaceutical, nursing, or insurance advice, diagnosis, treatment, services, or recommendations, nor a substitute, supplement, or replacement therefore. Nothing available on or through the Website is intended to be, and must not be taken to be, the practice of medical care or determination. Sunshine Behavioral Health makes NO representation, warranty, or guarantee as to any determination of benefits, coverage, costs or charges, authorizations, etc. You are advised to seek the advice of and consult with qualified professionals and/or representatives regarding all medical, therapeutic, pharmaceutical, nursing, and insurance and benefits coverage matters. No advice or information obtained by you, whether written or oral, from The Organization shall create any warranty whether express or implied.
The Organization may provide periodic updates to this policy or any component of this policy or the Platform. We will communicate this to you by email, by mail to the address we have on file, or directly on the Platform.
Notice to CA Residents: The Board of Behavioral Sciences receives and responds to complaints regarding services provided within the scope of practice of (marriage and family therapists, clinical social workers, or professional clinical counselors). You may contact the board online at www.bbs.ca.gov, or by calling (916) 574-7830.
Disclaimer; Limitation of Liability
THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ORGANIZATION DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY, AND SYSTEM INTEGRATION. SUNSHINE BEHAVIORAL HEALTH DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE ORGANIZATION AND ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, AND/OR TRUSTEES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THE ORGANIZATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES WITHOUT LIMITATION TO LOSSES OR DAMAGES RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PLATFORM; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE PLATFORM; (iv) RELEASE OR DISCLOSURE OF DATA; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE. THIS LIMITATION OF LIABILITY APPLIES WITHOUT LIMITATION TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE WEBSITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
If at any time you are dissatisfied with the Platform, do not agree with any portion of these Terms of Use, or have any other claim against The Organization relating to either these Terms of Use or the Platform, then your sole, exclusive remedy is to discontinue using the Platform.
Governing Law and Jurisdiction; Limit on Commencing Actions; General Information
These Terms of Use are governed by the laws of the State of California, U.S.A. without regard to the conflicts of laws principles thereof. You consent to the exclusive jurisdiction and venue of the state and federal courts in Orange County, CA, U.S.A. in all disputes arising out of or relating to these Terms of Use and/or access or use of the Platform. You must commence any cause of action or claim against The Organization concerning this Platform within one (1) year after the cause of action or claim arises, otherwise you agree that your cause of action or claim shall be barred. You agree that The Organizations remedy at law for any actual or threatened breach of these Terms of Use could be inadequate and that The Organization shall be entitled to specific performance, injunctive relief, or both, in addition to any damages that The Organization may legally be entitled to recover, together with reasonable expenses (including attorneys’ fees). All rights and remedies granted to The Organization under this Agreement are cumulative and not alternative or exclusive.
If any portion of these Terms of Use is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms of Use shall continue to be enforceable and valid according to terms contained herein. This shall be the entire agreement, superseding all prior agreements between you and The Organization regarding this Platform. The failure of The Organization to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of said right or provision.