Terms & Conditions
TERMS AND CONDITIONS
These Terms and Conditions (“Terms and Conditions”) govern the user’s (defined as “You” or “Your”) access to, and use of, this website (“Website”).
The Website is owned by Integrated Mental Health Technologies, LLC, which is referred to below as the “Company.”)
- End User License Agreement. The End User License Agreement (“EULA”) is a legal contract that contains the agreement between Company and any party who uses the Company’s Application (as that term is defined in the EULA). A copy of the EULA can be accessed at the following link: LINK TO END USER LICENSE AGREEMENT.
Should You have any questions about the use of the Product prior to purchase, You are encouraged to read the EULA. Should You choose to purchase Company’s Application, prior to You being able to download and install the Application, You will be required to sign the EULA. If You do not agree with the terms of the EULA, do not purchase the Application. By signing the EULA, You are agreeing to abide by the terms of the EULA.
- Website Content. When You visit the Website, You may see that there is written content on the Website (“Content”). You are hereby specifically advised that You should not rely on any of the Content on the Website. You expressly agree that You will not rely on any of the Content on the Website for any reason, for any purpose, or under any circumstances. To the extent that the Content describes Company’s products applications, or services, that Content is for informational purposes only. Additionally, certain Content may be on the Website for the purpose of assisting the Company with Website layout and design. The Content on the Website is subject to change at any time without any prior notice to You.
To the extent that the there is a discrepancy between these Terms and Conditions and the EULA, or between any Content on the Website and the EULA, the EULA shall control.
- Ownership of Content. All Content on the Website is, and shall always be, solely owned by the Company. The Company reserves all rights to the Content, including, but not limited to, in the Company’s sole and absolute discretion, changing, modifying, amending, or deleting any of the Content at any time, with no prior notice to You. You are not permitted to copy, republish, or reproduce any of the Content on the Website without having first received the Company’s prior written consent.
- No Warranty. With regards to any information or Content on the Website, the Company makes no guaranty, warranty, or representation of any type or nature whatsoever, whether express or implied, and hereby disclaims all such warranties, including but not limited to the warranties of merchantability and fitness for a particular purpose.
- Limitation of Liability. You agree that You have no claims, and will not attempt to assert any claims, demands, lawsuits, or any similar actions, including claims for attorney fees and costs against Company which in any way arise from or relate to: (i) Your access to and/or use of the Website, regardless of the reason; (ii) the Content on the Website, as it exists from time to time; (iii) any changes that are made to the Website; and/or (ivi) any other matters that relate to or arise from the Website. This provision shall be construed as broadly as possible for the benefit and protection of Company.
- Indemnification. You agree to indemnify, defend, and hold harmless the Company, as well as the Company’s managers, members, officers, insurers, attorneys, agents, and representatives from any and all claims, demands, liabilities, lawsuits, or any similar actions, including claims for attorney fees and costs, that may be asserted by You or by any third-party which in any way arise from ore relate to: (i) Your access to and/or use of the Website, regardless of the reason; (ii) the Content on the Website, as it exists from time to time; (iii) any changes that are made to the Website; and/or (iv) any other matters that relate to or arise from the Website. This provision shall be construed as broadly as possible for the benefit and protection of Company.
- Severability. Each provision of these Terms and Conditions operates separately. In the event that any provision of these Terms and Conditions is deemed to be invalid or unenforceable, that provision shall be severed from these Terms and Conditions, and the remaining Terms and Conditions shall be unaffected, and shall remain in full force and effect.
- Waiver. The Company’s failure to insist on strict performance of these Terms and Conditions shall not be deemed a waiver for the Company to insist upon the strict performance of these Terms and Conditions at any later time.
- Dispute Resolution. Any claim that is brought which in any way arises from or relates to: (a) the use of the Website, (b) the Content on the Website, as that Content may exist and be updated or modified from time to time; or (c) any other matter which is in any way related to the services that the Company provides through the operation and maintenance of the Website (collectively, “Claims”), shall be governed by the laws of the State of Colorado, regardless of any applicable choice of law/conflict of law provisions.
All Claims shall be brought in a state court of competent jurisdiction in Arapahoe County, Colorado. You consent to the Arapahoe County, Colorado, courts having personal jurisdiction over you, and you knowingly and voluntarily waive all defenses of lack of personal jurisdiction or forum non conveniens (inconvenient forum) with respect to the jurisdiction and the venue of any Claims.
Except as where prohibited by applicable law, and without limitation to any statutory right for consumers, you agree that all Claims will be pursued individually, and without resort to any form of class action. You knowingly and voluntarily waive any right to participate in any class action lawsuit or class-wide arbitration.