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Terms and Conditions of Use

RealMentalHealth.com

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

By using this site, you signify your assent (agreement) to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site!

Real Mental Health, Inc. ("Real Mental Health") may revise and update these Terms and Conditions at any time. Your continued usage of the Real Mental Health website ("RealMentalHealth.com Site," or the "Site,") will mean you accept those changes.

  1. This Site Does Not Provide Medical Advice
  2. Registration Requirements
  3. Children's Privacy
  4. Use of Content
  5. Liability of Real Mental Health and Its Licensors
  6. User Submissions
  7. Passwords
  8. Invite a Friend Contest
  9. Real Mental Health Member to Member Areas ("Public Areas" Like Chatrooms/Forums/Bulletin Boards)
  10. Advertisements, Searches and Links to Other Sites
  11. Indemnity
  12. General
  13. Jurisdiction
  14. Complete Agreement

THE SITE DOES NOT PROVIDE MEDICAL ADVICE.

All materials presented on this Site are for informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never delay seeking professional treatment or advice because of anything you may have read on our Site! If you think you may have a medical emergency, call your doctor or (in the United States) 911 immediately.

We do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on this Site. Reliance on any information contained on the Site is solely at your own risk.

This Site may contain health- or medical-related materials that are sexually explicit. If you find this type of materials to be offensive, you may not want to use this Site.

Registration Requirements The Social Network located at social.realmentalhealth.com and Chat Rooms located at www.realmentalhealth.com/chat/default.asp are intended for adult use only. Anyone under the age of 18 is not permitted to register to use the Social Network Service or Chat Rooms. We reserve the right to deny access to the these sites, or any service provided through such sites or areas, to anyone who violates these TOS or who, in our reasonable judgment, interferes with the ability of others to enjoy the Social Network Services or Chat Rooms, or infringes on the rights of others. While not limiting the foregoing, you acknowledge and agree that your account used to access any Social Network Services may be terminated if they learn, at any time, that you have provided false or misleading information during the process of registering (or re-registering).

CHILDREN'S PRIVACY.

We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.

USE OF CONTENT.

Real Mental Health authorizes you to view or download a single copy of the material on the Real Mental Health Site solely for your personal, noncommercial use if you include the following copyright notice: "Copyright (c) 2006, Real Mental Health, Inc. All rights reserved" and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the Real Mental Health Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.

The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with Real Mental Health or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Real Mental Health. All rights not expressly granted herein are reserved to Real Mental Health and its licensors.

If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

LIABILITY OF REAL MENTAL HEALTH AND ITS LICENSORS.

The use of the Real Mental Health Site and the Content is at your own risk.

When using the Real Mental Health Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Real Mental Health and its suppliers. Accordingly, Real Mental Health assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Real Mental Health Site.

The Real Mental Health Site and the content are provided on an "as is" basis. REAL MENTAL HEALTH, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Real Mental Health, its licensors, and its suppliers make no representations or warranties about the following:

1. The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Real Mental Health Site or RealMentalHealth.com.

2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Real Mental Health Site.

In no event shall Real Mental Health, its licensors, its suppliers, or any third parties mentioned on the Real Mental Health Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the RealMentalHealth.com Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Real Mental Health is advised of the possibility of such damages. Real Mental Health shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. Real Mental Health is not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

USER SUBMISSIONS.

You agree that you will not upload or transmit any communications or content of any type to the Public Areas (including message boards, Ask Our Expert postings, etc.) that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.

If you make any such submission You agree that you will not send or transmit to Real Mental Health by email, (including through the email addresses listed on the "Contact Us" link) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to Real Mental Health by email, you agree such submission is non-confidential for all purposes.

If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to Real Mental Health by email, you automatically grant--or warrant that the owner of such content or intellectual property has expressly granted--Real Mental Health a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Real Mental Health may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to Real Mental Health by email. We try to answer every email in a timely manner, but are not always able to do so.

PASSWORDS

Real Mental Health has several tools that allow you to record and store information. For example, Real Mental Health Chat is a service that allows you to talk with others and share information on a voluntary basis on servers maintained by Real Mental Health or on its behalf. Real Mental Health Chat is structured to allow access only to visitors with a valid password.

You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Real Mental Health passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your Real Mental Health account and password; (3) promptly inform Real Mental Health of any need to deactivate a password. You grant Real Mental Health and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. Real Mental Health cannot and does not assume any responsibility or liability for any information you submit to any portion of the Real Mental Health Site, or your or third parties' use or misuse of information transmitted or received using Real Mental Health tools and services.

WIN A BOOK CONTEST TERMS AND CONDITIONS

  1. No purchase necessary.
  2. All qualified respondents who register will be eligible to win the prize if a resident in United States and/or Canada, over the age of 18 but not employees (or members of their families) of Real Mental Health, Inc., their agents or anyone connected with this promotion.
  3. 3. Eligible participants may enter the contest by two means:
    (a) Invite a friend using the RealMentalHealth Social Network located at www.social.realmentalhealth.com.
    or
    (b) By obtaining a contest entry form by sending a self-addressed, stamped envelope to:
    Attention: Invite a Friend Contest
    Real Mental Health, Inc.
    555 NE 34th ST, STE 1101
    Miami, FL 33137

  4. Entries will only be accepted for registered friends.
  5. Entries from the same computer (IP address) will not automatically be included. Members wishing to invite a friend who shares the same computer (IP address) may be required to submit proof of identity of each registered friend.
  6. The contest will run from January 1, 2007 to March 30, 2007. The winners will be notified within 7 days of the end of the contest. If you win a prize, you must notify Real Mental Health within 14 days after your notification has been sent to you. It is your responsibility to ensure we have your current email address.  
  7. No cash alternative for the prize will be offered. Real Mental Health takes no responsibility beyond purchasing the gift and providing it to the winner. The odds of winning depend on the number of entries received.
  8. The promoter disclaims responsibility for circumstances outside his/her reasonable control.
  9. The winner will be notified within 7 days of the draw date. The decision of the promoter is final, no correspondence can be entered into.
  10. 10. Real Mental Health reserves the right to modify competition details without prior notice.
  11. 11. Winners agree to use of their names and likenesses by Real Mental Health

For details of the winner, send a stamped addressed envelope to: Real Mental Health, Inc., 555 NE 34th ST STE 1101, Miami, FL 33137.

REAL MENTAL HEALTH GROUP MESSAGE BOARDS, FORUMS, CHAT,  ("PUBLIC AREAS").

If you use a Public Area in the Real Mental Health Social Network, such as a group message board or chat room, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. Real Mental Health is not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.

In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

  1. Using a Public Area for any purpose in violation of local, state, national, or international laws;

  2. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;

  3. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Real Mental Health in its sole discretion including, but not limited to the following: using VERY strong vulgar language; make crude sexual references; using hate speech, making death threats, thoughts of a planned suicide; thoughts of planned self-injury; involved in disruptive behavior; soliciting or posting private information; This includes all public and private communication in our Chat Rooms, Forums, Private Messaging, Instant Messaging , Journals, and Journal Comments;

  4. Posting advertisements or solicitations of business;

  5. After receiving a warning from a RealMentalHealth Administrator "Admin" or Chat Room or Social Network Moderator, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);

  6. Posting chain letters or pyramid schemes;

  7. Impersonating another person including, but not limited to the following: a chat moderator, another chat member;

  8. Distributing viruses or other harmful computer code;

  9. Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments; consent;

  10. Allowing any other person or entity to use your identification for posting or viewing comments

  11. Posting the same note more than once or "spamming"; or

  12. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of Real Mental Health, exposes Real Mental Health or any of its customers or suppliers to any liability or detriment of any type.

Real Mental Health reserves the right (but is not obligated) to do any or all of the following:

  1. Record the dialogue in public chat.

  2. Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).

  3. Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.

  4. Terminate a user's access to any or all Public Areas and/or the Real Mental Health Site upon any breach of these Terms and Conditions.

  5. Monitor, edit, or disclose any communication in the Public Areas.

  6. Edit or delete any communication(s) posted on the Real Mental Health Site, regardless of whether such communication(s) violate these standards.

  7. Report the violation to the violator's Internet Service Provider "ISP".

Real Mental Health reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. Real Mental Health has no liability or responsibility to users of the Real Mental Health Site or any other person or entity for performance or nonperformance of the aforementioned activities.

ADVERTISEMENTS, SEARCHES AND LINKS TO OTHER SITES.

Real Mental Health may provide links to third-party web sites. Real Mental Health also may select certain sites as priority responses to search terms you enter and Real Mental Health may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Real Mental Health does not recommend and does not endorse the content on any third-party websites. Real Mental Health is not responsible for the content of linked third-party sites, sites framed within the Real Mental Health Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Real Mental Health does not endorse any product advertised on the Real Mental Health Site.

INDEMNITY.

You agree to defend, indemnify, and hold Real Mental Health, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

GENERAL.

Real Mental Health, Inc. is a registered Nevada Corporation and is based in Miami, Florida, in the United States of America. Real Mental Health makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Real Mental Health Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms and Conditions for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.

JURISDICTION.

You expressly agree that exclusive jurisdiction for any dispute with Real Mental Health, or in any way relating to your use of the Real Mental Health Site, resides in the courts of the State of Nevada and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Nevada in connection with any such dispute including any claim involving Real Mental Health or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms and Conditions are governed by the internal substantive laws of the State of Nevada, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

COMPLETE AGREEMENT.

Except as expressly provided in a particular "legal notice" on the Real Mental Health Site, these Terms and Conditions and the Real Mental Health Privacy Policy and Agreement and Disclaimer constitute the entire agreement between you and Real Mental Health with respect to the use of the Real Mental Health Site, and Content.

Thank you for your cooperation. We hope you find the Real Mental Health Site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be directed by electronic mail to . We try to answer every email in a timely manner but are not always able to do so.

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Reviewed: 01/2008



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