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
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
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.
Governing Law and Jurisdiction; Limit on Commencing Actions; General Information