ShineTogether
Terms and Conditions

Terms of Use Agreement

IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU AND FAMILYCARE SERVICES, INC. DBA SHINE TOGETHER (“SHINE TOGETHER” OR “WE” OR “US” OR “OUR”). THE WEBSITE LOCATED AT WWW.SHINETOGETHER.COM (THE “WEBSITE”), IS OWNED AND OPERATED BY SHINE TOGETHER. THE SHINE TOGETHER WEBSITE IS AN INFORMATION SERVICE PROVIDED BY SHINE TOGETHER AS A CONVENIENCE TO USERS, WITH THE EXPRESS CONDITION THAT USERS AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS TERMS OF USE AGREEMENT (“TERMS”). BEFORE ACCESSING OR USING ANY PART OF THE WEBSITE, YOU SHOULD READ CAREFULLY THE TERMS. YOUR ACCESS TO AND USE OF THE WEBSITE ARE SUBJECT TO THESE TERMS, AS WELL AS TO ALL APPLICABLE LAWS AND REGULATIONS, AND TOGETHER WITH ANY OTHER TERMS AND CONDITIONS AS MAY BE SET FORTH BY SHINE TOGETHER.

SHINE TOGETHER IS WILLING TO ALLOW THE USE OF THE WEBSITE ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE WEBSITE. YOUR ACCESS TO AND USE OF THE WEBSITE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THESE TERMS. THESE TERMS MAY BE MODIFIED BY SHINE TOGETHER FROM TIME TO TIME WITHOUT ADVANCE NOTICE BY POSTING HERE AND YOU WILL BE BOUND BY ANY SUCH MODIFIED TERMS OF USE IF YOU CONTINUE TO USE THE WEBSITE AFTER SUCH CHANGES ARE POSTED. THE DATE THESE TERMS OF USE WERE LAST UPDATED IS STATED AT THE END OF THIS DOCUMENT. YOU ARE ENCOURAGED TO REVIEW THESE TERMS OF USE PERIODICALLY FOR UPDATES AND CHANGES.

Family care may modify, suspend, disrupt or discontinue the Website, or any part thereof, at any time and without notice to you.

Description of Shine Together and The Website

Shine Together is ________________. Shine Together provides education and support to the families of those affected by mental illness with a goal to help each of them navigate the daily realities and journey with mental illness as smoothly as possible.

The Website provide visitors with access to a variety of information and resources, including, but not limited to, works of authorship, e-newsletters, blogs, submitted materials, Submitted Materials, discussion groups, bulletin boards, news, videos, User Content, and other relevant content (collectively, the “Content”).

Disclaimer On Professional Advice

THE INFORMATION AVAILABLE ON AND THROUGH THE WEBSITE IS PRESENTED IN SUMMARY FORM AS A SUPPLEMENT TO, AND NOT A SUBSTITUTE FOR, THE KNOWLEDGE, SKILL AND JUDGMENT OF QUALIFIED PSYCHIATRISTS, PSYCHOLOGISTS, PHYSICIANS, OR HEALTH CARE PROFESSIONALS. THE INFORMATION ON THE WEBSITE HAS BEEN OBTAINED FROM SOURCES REASONABLY BELIEVED TO BE ACCURATE AND RELIABLE.

YOU HEREBY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT THIS WEBSITE AND ITS CONTENT AND TREATMENT RESOURCES DO NOT CONSTITUTE THE PRACTICE OF ANY MEDICAL, NURSING OR OTHER PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS OR TREATMENT. CONTENT ACCESSED ON OR THROUGH THE WEBSITE IS NEITHER COMPLETE NOR EXHAUSTIVE AND DOES NOT COVER ALL DISABILITIES, DISEASES, ILLNESSES, PHYSICAL CONDITIONS, OR MANAGEMENT OR TREATMENT OF ANY OF THE FOREGOING. YOU SHOULD ALWAYS TALK TO YOUR HEALTH CARE PROVIDER FOR SPECIFIC GUIDELINES AND INSTRUCTIONS, INCLUDING THOSE RELATED TO DIAGNOSIS AND TREATMENT OF MEDICAL CONDITIONS. IN PROVIDING THE WEBSITE, INCLUDING THE CONTENT, INFORMATION AND TREATMENT RESOURCES – AND OFFERING ANY RELATED PRODUCTS OR SERVICES – WE ARE IN NO WAY REPRESENTING OR WARRANTING THAT SUCH INFORMATION, CONTENT OR TREATMENT RESOURCES IS APPLICABLE OR APPROPRIATE FOR YOUR NEEDS AND/OR CONDITION OR THAT OF SOMEONE YOU KNOW. NOR ARE WE REPRESENTING OR WARRANTING THAT ANY PARTICULAR SERVICE OR PRODUCT IS SAFE, APPROPRIATE OR EFFECTIVE FOR YOU OR ANYONE YOU KNOW.

IF YOU HAVE, OR SUSPECT THAT YOU OR SOMEONE YOU KNOW HAS, A MEDICAL PROBLEM OR CONDITION, PLEASE CONTACT A QUALIFIED HEALTH CARE PROFESSIONAL IMMEDIATELY. IF YOU ARE IN THE UNITED STATES AND ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL 911 OR CALL FOR EMERGENCY MEDICAL HELP ON THE NEAREST TELEPHONE.

Privacy and Security

Protecting and safeguarding personal information that you provide through the Website is important to us. Information about our security and privacy practices can be found on our Privacy Policy available at _______ [ET1] (“Privacy Policy”)

BY AGREEING TO THESE TERMS AND/OR USING THE WEBSITE, YOU ARE ALSO AGREEING TO THE TERMS OF THE PRIVACY POLICY. THE PRIVACY POLICY IS INCORPORATED INTO AND DEEMED A PART OF THESE TERMS. THE SAME RULES THAT APPLY REGARDING CHANGES AND REVISIONS OF THIS AGREEMENT ALSO APPLY TO CHANGES AND REVISIONS OF THE PRIVACY POLICY.

Endorsements

You understand that the opinions and recommendations included in the Website are not necessarily those of Shine Together or endorsed by Shine Together. The Website may include links to other websites, which are not under the control of Shine Together. These links are included as a convenience to you and are not intended as an endorsement by Shine Together of the organization or individual operating the website.

Intellectual Property Rights

Trademarks and Service Marks

Certain trademarks (including those indicated below) are the service marks and trademarks of Shine Together. All page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of Shine Together. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Website are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from these Website without the prior written authorization of Shine Together or their respective owners.

Except as otherwise expressly stated, all content appearing on the Website – including all scripts, text, graphics, logos, button icons, images, audio and video clips, and similar materials (“Content”), is the copyrighted work of either Shine Together or third-party partners and suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Content is also the exclusive property of Shine Together and is protected by U.S. and international copyright laws. Except as otherwise expressly stated herein or as expressly permitted, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from the Website, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Shine Together, or any applicable third-party suppliers or authorized users. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by Shine Together. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Shine Together does not warrant nor represent that your use of any Content or materials displayed on the Website will not infringe rights of third parties.

Use

Access to and use of the Website is for

Shine Together reserves the right to grant reprint permissions in its sole discretion and subject to such conditions as it may require. All reprints must be credited to us. Reprints for profit are not permitted. Reprint requests may be sent to info@shinetogether.com.

For any information contained on the Website that is attributed to another source, permission to reproduce must be obtained from the original source. Use of any robot, spider, other automatic device, or manual process to monitor or copy the Website or any of its content and “mirroring” the Website or any content on any other server is prohibited unless prior written permission is obtained from Shine Together.

Stock photos used on this Website are not meant to indicate any particular attitude or opinion on the part of those whose images are being used and are not intended to indicate an endorsement by the subjects.

Takedown Notice

If you believe that any content, pictures or images on the Website violates or infringes upon your intellectual property rights or someone else’s intellectual property rights, please contact us at info@shinetogether.com and provide enough information to enable us to understand what content, pictures or images are an issue, and provide contact information so that we can contact you with any questions or follow up.

Use Of Website Discussion Groups/Bulletin Boards/Blogs

Shine Together provides the Website and associated discussion groups/bulletin boards/blogs for the benefit of its visitors. The content, view and opinions published in blogs written by our personnel or contributors – or from links or posts on the Website from other sources – belong solely to their respective authors and do not necessarily reflect the views of Shine Together, its management or employees. Any comments or opinions expressed are those of their respective contributors only. Please remember that the open and real-time nature of the comments posted to these venues makes it is impossible for Shine Together to confirm the validity of any content posted, and though we reserve the right to review and edit or delete any such comment, we do not guarantee that we will monitor or review it. As such, we are not responsible for any messages posted or the consequences of following any advice offered within such posts. If you find any posts in these posts/comments to be offensive, inaccurate or objectionable, please contact us via email at info@shinetogether.com and reference the relevant content, providing a copy of the link if possible. If we determine that removal of a post or posts is necessary, we will make reasonable efforts to do so in a timely manner.

Shine Together expressly disclaims responsibility for and liabilities resulting from, any information or communications from and between users of the Shine Together bulletin board. Users acknowledge and agree that they may be individually liable for anything they communicate using the Shine Together discussion groups/bulletin board/blogs, including but not limited to defamatory, discriminatory, false or unauthorized information. Users are cautioned that they are responsible for complying with all laws, including the requirements of applicable data protection, data privacy, copyright and trademark laws, and all related regulations. By submitting a response, comment or content, you agree that such submission is non-confidential for all purposes. Any submission to the Website will be deemed and remain the property of Shine Together. The Shine Together discussion groups/bulletin boards/blogs are forums for individuals to share their opinions, experiences and thoughts.

Shine Together wants to ensure the integrity of this service and therefore, use of this service is limited to participants who agree to adhere to the following guidelines:

1. Refrain from transmitting any message, information, data, or text that is unlawful, threatening, abusive, harassing, defamatory, vulgar, obscene, that may be invasive of another ‘s privacy, hateful, or bashing communications – especially those aimed at gender, race, color, sexual orientation, national origin, religious views or disability.

Shine Together reserves the right to remove or edit a post containing offensive material, as defined by Shine Together. That stated, Shine Together does not have the practical ability to restrict conduct or communications prior to transmission and posting, nor can Shine Together ensure prompt editing or deletion of offensive posts.

Shine Together reserves the right to remove or edit posts that contain explicit, obscene, offensive, or vulgar language, as defined by Shine Together. Similarly, posts that contain any graphic files may be removed.

2. Refrain from posting or transmitting any unsolicited, promotional materials, “junk mail,” “spam,” “chain mail,” “pyramid schemes” or any other form of solicitation.

Shine Together reserves the right to delete these posts.

3. Shine Together invites and encourages a healthy exchange of opinions. If you disagree with a participant ‘s post or opinion and wish to challenge it, do so with respect. The real objective of the Shine Together message board is to promote discussion and understanding, not to convince others that your opinion is “right.” Name calling, insults, and personal attacks are not appropriate and will not be tolerated.

Shine Together reserves the right to delete these posts.

4. Shine Together promotes privacy and encourages participants to keep personal information such as the names of family members, addresses, and telephone number from being posted. Similarly, do not ask for personal information from other participants.

Message board posts that request participants submit personal information to another party will be removed if Shine Together is made aware of their presence, unless such posts have been pre-approved by Shine Together staff. This includes, but is not limited to, communications that ask for telephone, address, e-mail, surveys and research studies.

5. Participants should be aware that the opinions, beliefs and statements posted in this forum do not necessarily represent the opinions and beliefs of Shine Together.

Participants also agree that Shine Together is not to be held liable for any loss or injury caused, in whole or in part, by sponsorship of this message board. Participants also agree that Shine Together reserves the right to report any suspicions of harm to self or others as evidenced by participant posts.

6. Posting off-topic messages to discussion groups will result in removal of posts and the possible suspension of posting privileges.

7. Shine Together members or staff who post non-public information on public areas of the site or off-topic messages in member-only discussion areas may have their posting privileges suspended and will be subject to appropriate corrective action.

Conduct

In addition to any other restrictions or conditions of use, you hereby acknowledge, and represent and warrant, that your use of the Website will not be, or alleged to be:

1. unlawful, unauthorized, fraudulent or malicious in purpose;

2. false, offensive, abusive, libelous, hateful, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, pornographic; or

3. an invasion of another’s right of privacy or publicity.

In addition, you agree you will not:

1. license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Website or Content or in any way;

2. modify or make derivative works based upon the Website or Content;

3. create Internet “links” to the Service or “frame” or “mirror” the Website on any other server or wireless or Internet-based device;

4. reverse engineer or access the Website in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Website;

5. launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the services or Website; or

6. interfere with or disrupt the integrity or performance of the Website or the data contained therein, or attempt to gain unauthorized access to the Website or its related systems or networks.

Shine Together will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. You acknowledge that Shine Together has no obligation to monitor your access to or use of the Website but has the right to do so for the purpose of operating the Website and providing the Content, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

User Content Submissions

Shine Together encourages you and other users to contribute content to the Website including posts that share your stories for people supporting people with mental illness and associated comments thereto (“User Content”). Shine Together reserves the right to review and edit or delete any such User Content. When you view User Content and comments submitted by other users, keep in mind that such User Content may not necessarily represent your own view or the view of Shine Together. While Shine Together encourages User Content that is supportive and helpful, through your use of the Services, you may be exposed to User Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. You assume all associated risks.

Your User Content

You understand that when you submit User Content, you are granting Shine Together a license to display the User Content on the Website, in connection with our services, or otherwise as set forth in these Terms of Use, and, whether or not your User Content is published on the Website, Shine Together guarantees no confidentiality or anonymity with respect to your User Content. While you don’t have to include your name, your likeness, or any other specific information in the User Content you submit, if your video or other User Content conveys your name, your likeness, (or other identifying information in the background of your video) you understand and agree that this information may be displayed on the Shine Together Website along with your User Content. Accordingly, please review your User Content carefully prior to submission to ensure it contains no information that you are not comfortable sharing. Please do not include the name, likeness or other personal information of any other individuals in your User Content unless you have express consent to do so and your use is in compliance with all data protection and data privacy laws.

If you would like to request removal of any User Content that you have posted, please Shine Together via email at info@shinetogether.com with a written request to disable access, including sufficient details in your request for Shine Together to identify and disable such User Content. You retain all ownership rights in the User Content you submit. However, by submitting your User Content to the Shine Together Website, you grant Shine Together a worldwide, perpetual, irrevocable non-exclusive, royalty-free, sub-licensable through multiple tiers, and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform, commercialize, and otherwise exercise all rights in and to the User Content in any media formats and through any media channels now known or hereinafter invented or discovered for any purpose consistent with the mission and vision of Shine Together as it exists now or in the future. Such license includes all rights and permissions to reproduce your likeness, name and any other personal information that you choose to submit as a part of the User Content. You also grant each user of the Website or our services a non-exclusive license to access your User Content, and to use, reproduce, distribute, display, link to and perform such User Content as permitted under these Terms.

Shine Together reserves the right to monitor User Content and to remove or decline to post any User Content at any time, for any reason (or for no reason), without notice and at its sole discretion, including, without limitation, if it determines that User Content is inappropriate or fails to comply with these Terms. Shine Together has no responsibility for the backup of any of any User Content or any lost data resulting from the use, operation or discontinuation of any aspect of the Services.

Submitted Materials

Shine Together does not wish to receive any confidential, proprietary, or trade secret information from you via the Website (including via contact email made available on the Website). Accordingly, if you send Shine Together any information or creative works including, without limitation, idea submissions, suggestions, business plans, concepts or demos in any media including photographs, graphics, audiovisual media or other material (“Submitted Material”) you grant Shine Together a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferrable, assignable, and sub-licensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, create collective works from, and distribute, perform, display, license and sublicense (through multiple levels) the Submitted Material in any media now known or hereinafter invented, including for commercial purposes. If you send Shine Together any Submitted Material you also warrant that the Submitted Material is not confidential or secret and that the Submitted Material is owned entirely by you. If you send Shine Together any Submitted Material you warrant that you have all rights necessary (including rights of privacy and rights of publicity) to authorize Shine Together to use Submitted Material as permitted by the license in this Section.

Payments and Payments Processing; Rules for All Payments

Shine Together has engaged the services of third party payment service provider(s) to process all payment transactions. Shine Together is not affiliated with any such third party payment service provider(s), and neither is the agent or employee of the other, and Shine Together is not responsible in any way for the actions or performance (or lack thereof) of such third party payment service provider(s). Accordingly, Shine Together expressly disclaims responsibility and liability for all payment processor services, and you hereby agree that Shine Together shall not be responsible for any loss or damage of any sort incurred as a result of such services. Additionally, since such third party payment service provider(s) will have access to the information you provide to them when you make a payment, if you are not comfortable with sharing your information with these third parties.

You hereby acknowledge and agree that, for all payments, (1) you will not use an invalid or unauthorized credit or debit card or other payment method; (2) all payments are final and non-refundable. If you have any questions regarding payments, please contact use via email at info@shinetogether.com.

You agree to pay all fees and charges due by you to us on a timely basis.

Links Disclaimer

Shine Together may include links on the Website as a convenience to visitors. Inclusion as a link on the Shine Together Website is bound by the criteria and policies contained in this document.

Shine Together assumes no responsibility for the content, claims, representations, or accuracy of the material contained in the linked websites. Shine Together does not endorse the content of the sites or the organizations sponsoring the linked website.

Shine Together reserves the right to eliminate any link, with or without cause.

All linked websites are encouraged to provide a reciprocal link to the Shine Together Website home page at www.shinetogether.com.

Any individual or organization requesting a link be placed on the Website must submit a formal application for consideration and agree to the terms and conditions contained therein.

Individuals or organizations submitting a formal application will be subject to the following criteria:

Age Restriction

The public areas of Shine Together.org (i.e. those areas accessible without signing in to the site) are accessible to all users, regardless of age. However, areas that require sign in prior to access are restricted to users 13 years of age and older. Persons under 13 years of age are prohibited from registering for access to, or signing in to these areas. Shine Together shall not be held liable for consequences resulting from persons under 13 years of age registering for access to or signing in to the Website. If you are the parent or guardian and you have learned or suspect that your child provided us personal information, please contact us at info@shinetogether.com and provide us with the name and email address that was used and we will promptly delete such information. Users are responsible for keeping their user name and password secret and accept all responsibility for and hold us harmless against their failure to do so. We advise you to change your password frequently and take care in safeguarding your password. You agree to notify us immediately of any unauthorized use of your account or any other concern for breach of your account security.

Disclaimer Of Warranty

Health Care Disclaimer

THE CONTENT AND TREATMENT RESOURCES OFFERED ON THE WEBSITE ARE INTENDED TO EDUCATE USERS ON HEALTH CARE AND MEDICAL ISSUES RELATED TO MENTAL ILLNESS. NOTHING IN THE CONTENT OR TREATMENT RESOURCES SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. YOU HEREBY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT THE WEBSITE AND ITS CONTENT AND TREATMENT RESOURCES DO NOT CONSTITUTE THE PRACTICE OF ANY MEDICAL, NURSING OR OTHER PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS OR TREATMENT.

YOU SHOULD ALWAYS TALK TO YOUR HEALTH CARE PROVIDER FOR SPECIFIC GUIDELINES AND INSTRUCTIONS, INCLUDING THOSE RELATED TO DIAGNOSIS AND TREATMENT OF MEDICAL CONDITIONS. IN PROVIDING THE CONTENT AND TREATMENT RESOURCES – AND OFFERING ANY RELATED PRODUCTS OR SERVICES – WE ARE IN NO WAY REPRESENTING OR WARRANTING THAT SUCH INFORMATION, CONTENT AND TREATMENT RESOURCES ARE APPLICABLE OR APPROPRIATE FOR YOUR NEEDS AND/OR CONDITION, OR THAT ANY PARTICULAR SERVICE OR PRODUCT IS SAFE, APPROPRIATE OR EFFECTIVE FOR YOU.

IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL OR MENTAL HEALTH PROBLEM OR CONDITION, PLEASE CONTACT A QUALIFIED HEALTH CARE PROFESSIONAL IMMEDIATELY. IF YOU ARE IN THE UNITED STATES AND ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL 911 OR CALL FOR EMERGENCY MEDICAL HELP ON THE NEAREST TELEPHONE. IF YOU ARE IN THE UNITED STATES AND NEED MENTAL HEALTH SUPPORT, OR ARE EXPERIENCING A MENTAL HEALTH EMERGENCY, IN ADDITION TO CALLING 911 YOU CAN ALSO CALL 988.

General Disclaimer

The information, treatment resources and Content contained on the Website have been prepared by Shine Together as a convenience to its users and is not intended to constitute medical advice or recommendations upon which a user may rely. Shine Together has used reasonable efforts in collecting, preparing and providing such information, resources, treatment resources and Content, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the information, resources, services and content contained in or linked to the Website or any other website maintained by Shine Together.

YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. ALL INFORMATION, TREATEMENT RESOURCES, AND CONTENT ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, AND SHINE TOGETHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE AND ALL ELEMENTS THEREOF, WHETHER IMPLIED, EXPRESS, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, SATISFACTORY QUALITY, QUIET ENJOYMENT AND ACCURACY. SHINE TOGETHER MAKES NO WARRANTY THAT THE WEBSITE, TREATMENT RESOURCES, CONTENT, USER CONTENT, OR ANY OTHER INFORMATION IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.

Limitation Of Liability

In addition to the above warranty disclaimers, YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL Shine Together OR ITS OFFICERS, DIRECTORS, EMPLOYEES AND VOLUNTEERS BE LIABLE TO YOU OT ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF INCOME, LOSS OF GOODWILL OR REPUTATION, DAMAGE TO OR CORRUPTION OF DATA, OR PERSONAL INJURY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR MEDICAL MALPRACTICE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THE WEBSITE (OR INABILITY TO USE THE WEBSITE), INFORMATION, TREATMENT RESOURCES AND CONTENT CONTAINED IN OR ACCESSED THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM SHINE TOGETHER, EVEN IF SHINE TOGETHER HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE Shine Together AND ITS AFFILIATES DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY BE LIMITED OR NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

SHINE TOGETHER’S AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THESE TERMS AND TO ANY AND ALL USE OF THE WEBSITE WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU OR ON YOUR BEHALF THROUGH THE WEBSITE IN THE 6 MONTHS PRECEEDING THE DATE OF THE CLAIM.

Indemnity

You agree to defend, indemnify, and hold harmless Shine Together and affiliates and all of their respective employees, funders, parents, subsidiaries, joint ventures, affiliates, agents, developers, directors, officers and attorneys from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from i) any breach or alleged breach by you of these Terms, or ii) any act or omission related to your use of the Website or Content, or iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right.

Term and Termination

These Terms and your right to use the Shine Together Website will take effect at the moment you access the Shine Together Website, and are effective, binding and enforceable for as long as use the Website. In addition, Shine Together reserves all of its legal rights to pursue any and all legal remedies if we believe you are using the Website for fraudulent or unlawful activity or you are taking any actions or omissions that violate any term or condition of these Terms, or in order to protect its name and goodwill, its business, and/or other users. All provisions of these Terms that by their nature our intended to survive termination will so survive and remain binding and effective – such provisions include, but are not limited to the miscellaneous section below, the provisions concerning Shine Together’s proprietary rights, indemnity, disclaimers of warranty, limitation of liability, and governing law.

Jurisdiction; No Class Action

The Website (excluding linked sites) is controlled by Shine Together, which is headquartered in California, in the United States of America. It can be accessed from all 50 states, as well as from other locations around the world. Each of these locations have laws that may differ from those of California. Therefore, by accessing this Website both you and Shine Together agree that the statutes and laws of the State of California, without regard to principles of conflicts of law in California or elsewhere, shall apply to all matters arising from or relating to use of the Website. You and Shine Together also agree and hereby submit to the exclusive personal jurisdiction and venue of the state and/or federal courts located closest in proximity to the Shine Together Office in Mill Valley, California should any matter arise related to Shine Together.

YOU AND SHINE TOGETHER AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR SHINE TOGETHER WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR SHINE TOGETHER ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND SHINE TOGETHER FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, SHINE TOGETHER, AND ALL PARTIES TO ANY SUCH PROCEEDING.

Miscellaneous

This Terms of Use constitutes the entire agreement between you and Shine Together and governs your use of the Website, superseding any prior agreements between you and Shine Together. You will not assign the Terms or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Shine Together. Any purported assignment or delegation by you without the appropriate prior written consent of Shine Together will be null and void. We may assign these Terms any rights hereunder without your consent. Failure by Shine Together to insist on strict performance of any of the terms and conditions of these Terms will not operate as a waiver by Shine Together of that or any subsequent default or failure of performance. The use of the word “including” is intended to be inclusive not exclusive and is interpreted to mean “including but not limited to”.

The Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Shine Together to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Website or any portion of the Website, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the service or other features that the Website provides.

If any provision (or part thereof) contained in these Terms is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein and the illegal, invalid, or unenforceable clause shall be modified in compliance with applicable law in a manner that most closely matches the intent of the original language. No joint venture, partnership, employment, or agency relationship exists between you and Shine Together as result of these Terms or your utilization of the Shine Together Website. Headings herein are for convenience only.

[ET1]The page link for the Privacy Policy needs to be inserted here when it is known

ShineTogether Terms and Conditions

Terms of Use Agreement

ShineTogether
Terms and Conditions