Terms of Use

(Last Revised 1/1/23)

1. Acceptance of Terms

Journeys Mental Health, LLC (“JMH”) is a business located in the state of Maine. It provides access to its website and its website-related services to you, subject to the following Terms of Use ("TOU"), which may be updated by JMH from time to time without notice to you. You can review the most current version of the TOU at any time at http://www.journeysmh.com/termsofuse. In addition, when using particular JMH owned or operated website-related services, you and JMH shall be subject to any additional posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOU. JMH may modify its TOU from time to time in its sole discretion and your continued use of the website shall constitute acceptance of such modifications.

PLEASE NOTE THAT THIS TOU IN ITS ENTIRETY APPLIES AND REFERS TO THE CONTEXT OF THE INFORMATION SERVICES PROVIDED BY THE WEBSITE, AND IS INDEPENDENT OF AND SEPARATE FROM THE TERMS, RULES, LAWS, AND/OR GUIDELINES FOLLOWED BY THE CLINICAL PRACTICE OF THIS BUSINESS. BY CONTINUING TO USE THE WEB SITE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THE TOU. IF YOU DO NOT AGREE, JMH IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO THE WEB SITE AND YOU SHOULD IMMEDIATELY DISCONTINUE YOUR USE OF THE SITE.

JMH may also, from time to time, make available on this web site, certain services that are provided by independent third parties that are governed by terms and condition which may differ from the terms and conditions set forth in this TOU. You agree that you are responsible for familiarizing yourself about the terms and conditions which may govern your use of any services offered by third parties and you are responsible for complying with such additional policies. JMH is not responsible for and makes no representation or warranty in connection with any service or terms and conditions governing such third party services.

2. Description of Services Provided

JMH provides users with access to information about the business, services provided by the business, the location of the business office, and other related details. Unless explicitly stated otherwise, any new features that augment or enhance the current collection of information, including the introduction of new JMH information, resources and/or services, shall be subject to the TOU. You understand and agree that the resources and services are provided "AS-IS" and that JMH assumes no responsibility for the accuracy, timeliness, deletion, mis-delivery or failure to store any communications or information. You are responsible for obtaining access to the resources and services and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, and you must provide and are responsible for all equipment necessary to access these resources and services. All and any web page access is subject to change at JMH’s discretion without prior notice. Inability to access the web page because of Internet outages, server downtime, and excessive Internet traffic are not the responsibility of JMH nor are they reason for refunds of products or services purchased online.

3. Informational Resources on the Website

You agree that information provided on the JMH web site is provided for informational purposes only, and no Content included in the web site is intended for treatment purposes. JMH and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the web site and/or related services and/or resources, and shall not be responsible or liable for any decisions made based on such information.

Neither the web site nor our written materials are a substitute for legal or clinical advice. Please consult with an attorney or mental health professional, respectively, regarding specific situations. The information contained in these materials should not be considered legal advice, legal opinions, or clinical referrals, advice, opinion, or recommendation.

4. Journeys Mental Health, LLC Privacy Policy

Information submitted online or otherwise and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at http://www.journeysmh/privacypolicy. You understand that through your use of our website that you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to web hosting or other third party agencies. JMH's Privacy Policy does not necessarily apply or relate to third party businesses which you may access or request services from using this web site or the links provided on this web site. You agree that you are responsible for educating yourself about such third party privacy policies, if any, as they may apply to you.

5. Visitor / Patron Conduct

You understand that all information, data, text, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not JMH, are entirely responsible for all Content that you upload, post, email, transmit, submit, or otherwise make available via the services and/or resources provided by JMH’s website. JMH does not guarantee the accuracy, integrity or quality of such Content provided by any person.

Under no circumstances will JMH be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the services and/or resources. This web site may only be used for lawful purposes and you agree to not use the services and/or resources to: upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; harm minors in any way; impersonate any person or entity, including, but not limited to a JMH employee, affiliate, associate, or official, or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the services and/or resources; upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise act in a manner that negatively affects other users' ability to engage in use of our services and/or resources; interfere with or disrupt the services and/or resources or servers or networks connected to the services and/or resources, or disobey any requirements, procedures, policies or regulations of networks connected to the services and/or resources; intentionally or unintentionally violate any applicable local, state, national or international law; "stalk" or otherwise harass another; and/or collect or store personal data about other users in connection with the prohibited conduct and activities set forth in this paragraph or paragraphs above.

You acknowledge that JMH may or may not pre-screen Content, but that JMH and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the services and/or resources. Without limiting the foregoing, JMH and its designees shall have the right to remove any Content that violates the TOU or is otherwise objectionable in JMH’s sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created or provided by ECTC or submitted to ECTC.

You acknowledge, consent and agree that JMH may access, preserve, and disclose information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOU; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of JMH, its users and the public. You understand that the technical processing and transmission of the services and/or resources, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the services and/or resources and software embodied within the services and/or resources may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by JMH and/or content providers who provide content to the services and/or resources. You may not attempt to override or circumvent any of the usage rules embedded into the services and/or resources. Any unauthorized reproduction, publication, further distribution or public exhibition of the resources and/or materials provided on the web site or related to the services and/or resources, in whole or in part, is strictly prohibited without the express written consent of JMH. You agree not to reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, circulate or commercially exploit the information available on the JMH web site in any manner without the express written consent of JMH, nor to use the information available on the JMH web site for any unlawful purpose. You agree to access the information available on the JMH web site manually by request and not programmatically by macro or other automated means.

6. Special Admonitions for National or International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country or state in which you reside.

7. Content Submitted or Made Available for Inclusion on the Web site and/or in Provided Services and/or Resources

JMH does not claim ownership of Content you submit or make available for inclusion on the website or in the related services and/or resources. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the website, you grant JMH the following world-wide, royalty free and non-exclusive license(s), as applicable: With respect to Content you submit or make available for inclusion on publicly accessible areas of the JMH web site, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the website solely for the purposes of providing and promoting the specific resource or service to which such Content was submitted or made available, or to incorporate such Content into other works in any format or medium now known or later developed. This license exists only for as long as you elect to continue to include such Content on the website and will terminate at the time you request removal of or JMH removes such Content from the website. "Publicly accessible" areas of the website are those web pages that are intended by JMH to be available to the general public.

Although the information contained in the web site is believed to be reliable, JMH makes no guarantee, representation, assurance or warranty, express or implied, as to, and assumes no responsibility for the correctness, sufficiency or completeness of such information.

8. Indemnity

You agree to indemnify and hold JMH, and its associates, affiliates, officers, independent contractors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the web site or related services and/or resources, your use of the services and/or resources, your connection to the web site or related services and/or resources, your violation of the TOU, or your violation of any rights of another.

9. No Resale of Service

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, or any portion of the web site or related services and/or resources without the express written consent of JMH.

10. General Practices Regarding Information Use and Storage

You acknowledge that JMH may establish general practices and limits concerning use of the web site, services, and/or resources, including without limitation the maximum number of days that uploaded Content will be retained by the website or related services and/or resources. You agree that JMH has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the web site or related services and/or resources. You further acknowledge that JMH reserves the right to modify these general practices and limits from time to time without further notice to you.

11. Modifications to Service

JMH reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the web site or related services and/or resources (or any part thereof) with or without notice. You agree that ECTC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the services and/or resources available on the web site.

12. Termination

You agree that JMH may, under certain circumstances and without prior notice, immediately remove information you have submitted to the web site or related services and/or resources or deny your access to services and/or resources provided. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOU or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the web site, services and/or resources (or any part thereof), (e) unexpected technical or security issues or problems, (f) you have engaged in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the services and/or resources provided. Further, you agree that all terminations for cause shall be made in JMH's sole discretion and that JMH shall not be liable to you or any third-party for any termination of your posted information or access to the services and/or resources.

13. Links and Information Leading to Other Web Sites

The web site or related services and/or resources may provide, or third parties may provide, links or other information provided that lead to other World Wide Web sites or resources. Because JMH has no control over such sites and resources, you acknowledge and agree that JMH is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that JMH shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

14. Journeys Mental Health, LLC's Proprietary Rights

You acknowledge and agree that the web site and related services and/or resources and any necessary software used in connection with the web site and related services and/or resources contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements, third party, or associate business information, or information presented to you through the web site, related services and/or resources or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by JMH or the owner of such proprietary information, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the web site or related services and/or resources, in whole or in part. JMH grants you a personal, non- transferable and non-exclusive right and license to use the web site and related services and/or resources; provided that you do not (and do not allow any unauthorized third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the web site, services and/or resources. You agree not to modify the web site or related software in any manner or form, or to use modified versions of the web site, including (without limitation) for the purpose of obtaining unauthorized access to the services and/or resources available in JMH.

15. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICES AND/OR RESOURCES IS AT YOUR SOLE RISK. THE INFORMATION, SERVICES, AND RESOURCES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. JMH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. JMH MAKES NO WARRANTY THAT (I) THE WEB SITE, SERVICES AND/OR RESOURCES WILL MEET YOUR REQUIREMENTS, (II) THE WEB SITE, SERVICES AND/OR RESOURCES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE AND/OR THIRD PARTY, AND/OR RELATED SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEB SITE AND/OR RELATED SERVICES AND/OR RESOURCES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEB PAGE AND ANY WEB PAGE WITH WHICH IT IS LINKED. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS WEB PAGE OR ANY WEB PAGE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT.

IN NO EVENT SHALL JMH OR ITS EMPLOYEES, INDEPENDENT CONTRACTORS, ASSOCIATES, AFFILIATES, OR OFFICERS BE LIABLE FOR ANY DAMAGES OF ANY KIND OR CHARACTER, INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF JMH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEB PAGE OR ANY WEB PAGE WITH WHICH IT IS LINKED AND/OR RELATED SERVICES AND RESOURCES. VISITORS AND PATRONS OF THIS SITE FURTHER AGREE THAT JMH SHALL NOT BE RESPONSIBLE OR LIABLE TO VISITORS OR PATRONS OR ANY OTHER PERSON AS SUCCESSOR, ASSIGNEE OR THIRD PARTY BENEFICIARY OF VISITORS OR PATRONS FOR INDIRECT, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES WHICH MAY BE ALLEGED AS RESULTING, DIRECTLY OR INDIRECTLY, FROM THE USE OF THIS SITE.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE AND/OR RELATED SERVICES AND/OR RESOURCES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM JMH OR THROUGH OR FROM THE WEB SITE AND/OR RELATED SERVICES AND/OR RESOURCES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.

16. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT JOURNEYS MENTAL HEALTH, LLC SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF JMH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE WEB SITE AND/OR RELATED SERVICES AND/OR RESOURCES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEB SITE AND/OR RELATED SERVICES AND/OR RESOURCES; (III)UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE OR IN RELATED SERVICES AND/OR RESOURCES; OR (V) ANY OTHER MATTER RELATING TO THE WEB SITE OR RELATED SERVICES AND/OR RESOURCES.

JMH MAKES THE INFORMATION AVAILABLE ON THIS WEB SITE WITHOUT RESPONSIBILITY FOR ACCURACY AND YOU AGREE THAT ERRORS CONTAINED IN SUCH INFORMATION SHALL NOT BE MADE THE BASIS FOR ANY CLAIM, DEMAND, OR CAUSE OF ACTION AGAINST JMH. JMH, ITS EMPLOYEES, OFFICERS AND DIRECTORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

17. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 14 AND 15 MAY NOT APPLY TO YOU.

18. No Third Party Beneficiaries

You agree that, except as otherwise expressly provided in this TOU, there shall be no third party beneficiaries to this Agreement.

19. Notice

JMH may, but is not obligated to, provide you with notices, including those regarding changes to the TOU, by either email, regular mail, or postings on the web site and/or related services and/or resources.

20. Further Notice Regarding Copyright

Unless otherwise indicated, this web page and its contents are the property of JMH and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. By posting or e-mailing any materials, suggestions or ideas ("materials") at this site, you grant JMH the non-exclusive right to use such materials. JMH may develop similar or identical materials, or may receive similar or identical materials from others. Unless otherwise noted in a documented, mutual arrangement with JMH, no compensation is due for any materials in JMH or this website, and you further: (a) agree to forever waive any right to any compensation for the use of those materials by JMH , (b) release JMH from all other claims and liabilities with respect to their use of your use of the unprotectable elements of your materials and their use of materials that were developed by them or submitted to them separately from your materials. At all times the information reviewed and or downloaded to the browser remains the property of JMH unless otherwise indicated.

21. General Information

Entire Agreement. The TOU constitutes the entire agreement between you and JMH with regard to your use of the website, and governs your use of the web site and/or related services and/or resources, superseding any prior agreements between you and JMH with respect to the website and/or related services and/or resources, unless you are a patient, an associate, or affiliate business in a direct and mutual documented business arrangement with JMH, in which case that contract and/or agreement applies as well. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other JMH services, affiliate services, third-party content, or third-party software.

Controlling Law, Choice of Law and Forum.

The TOU and the relationship between you and Journeys Mental Health, LLC shall be governed by the laws of the State of Maine without regard to its conflict of law provisions. You and JMH agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Penobscot, Maine. Visitors and Patrons of this site hereby irrevocably submit to the jurisdiction of, and agree to initiate and prosecute any and all claims that may be brought against JMH exclusively in the State and/or United States District Courts for the State of Maine and irrevocably waive any objection they may now or hereafter have as to the venue of suits or that such Courts are an inconvenient forum. Claims involving third party associates or affiliates, or independent contractors utilized in the context of this site may also be subject to their respective terms and conditions.

Waiver and Severability of Terms.

The failure of JMH to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect.

Statute of Limitations.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the resources and/or services or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOU are for convenience only and have no legal or contractual effect.

22. Violations

Please report any violations of the TOU through the following contact information: I can be reached at:

Journeys Mental Health, LLC
1 Merchants Plaza, Suite 300
Bangor, Maine 04401
Phone: (207) 951-7811
Fax: (888) 972-1920