Terms of Use

Effective Date: April 2021

The Depression and Bipolar Support Alliance D/B/A DBSA Westchester New York (“DBSA”, “we” or “us”) provides this website DBSAlliance.org (Website) as an information source for site visitors (users or you), to provide our services or sell products (Services). Use of this Website indicates understanding and acceptance of the following Terms of Use (Terms). Use of the Website is also governed by the DBSA Privacy Policy at [https://www.dbsalliance.org/privacy-policy/], which is incorporated herein by reference.

1. Updates and Accessibility.

IMPORTANT – PLEASE READ CAREFULLY: THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE WEBSITE AND SERVICES AND THE PURCHASE AND SALE OF OUR PRODUCTS. By clicking the “Submit” box, or by using the Website or the Services, you indicate that these Terms (including the Privacy Policy) are a binding agreement between us and you. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE WEBSITE OR THE SERVICES.

We regularly update and improve our Website and Services, and we may at times add, change, or remove features, and these Terms may also need to change. The current version of these Terms will be posted on our Website and will be effective immediately upon posting. By continuing to use the Website or Services, or purchase our products following any such change, you accept and agree to be bound by such modified Terms.

We shall use commercially reasonable efforts to provide continuous access to the Website. We do not guarantee that the Website will be accessible at all times. The Website may be unavailable during maintenance periods or during an emergency. In addition to normal maintenance, there may be events that will make the Website inaccessible for a limited amount of time due to unforeseen circumstances. We have the right to refuse to provide access to the Website or any part thereof. We shall not be liable to you or any other person, firm or entity for any unavailability of the Website or Services if such failure is due to any cause beyond our reasonable control.

2. Not Healthcare Advice.

Information on this Website is not meant to replace consultation with a qualified health care provider. Users are encouraged to discuss information found on this site with their health care provider(s). DBSA, its officers, Board of Directors, staff and volunteers do not endorse or recommend the use of any health care provider, institution, treatment or medication. For advice about specific treatments or medications individuals should consult with their health care provider(s).

This Website does not provide counseling or crisis intervention services. Individuals in need of these services should contact their health care provider or community mental health center or call 1-800-273-8255 (TALK). If you or someone you know is having immediate thoughts of self-harm, suicide or harm to others, immediately call 911.

3. User Content.

a. The Website may, now or in the future, permit the posting or submission for posting of content, including, but not limited to, reviews, comments, or other textual content, files, images, photographs, videos, animation, sounds, musical works, data, or other materials and content by you (collectively, “User Content”). We do not endorse or approve any User Content submitted or posted. We respect the intellectual property rights of others. You must have the legal right to submit to us or, where permitted, post any User Content to the Website. You are solely responsible for any User Content that you create, transmit, or display while using the Website. All User Content you post or submit for posting to the Website is deemed nonconfidential.

b. You agree to not submit, upload or post any User Content to the Website that infringes or may infringe upon the copyright, trademark or other intellectual property rights of a third party nor may you submit User Content that violates any third party’s right of privacy or right of publicity. You may submit only User Content permitted by the owner or by law.

c. You retain copyright and any other rights you already hold in User Content which you submit, post or display on or through the Services. When you post or submit for posting User Content to the Website, you agree to and do hereby expressly grant to us and to our affiliates, parents, subsidiaries, agents, representatives, licensors or other third party partners, and our successors and assigns, a nonexclusive, worldwide, perpetual, irrevocable, transferrable, sub-licensable license and right to use, without restriction, including, but not limited to, the right to quote, re-post, publish, use, adapt, translate, archive, store, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display or perform the User Content and to provide such User Content to any other user of the Website or the Service, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party (collectively, the “License”). You grant us all licenses, consents and clearances to enable the use of such User Content for such purposes. You waive and agree not to assert any moral or similar rights you may have in such User Content.

d. You agree that this License includes a right for us to make such User Content available to other companies, organizations or individuals with whom we have relationships for the provision of services, and to use such User Content in connection with the provision of those services.

e. You understand that we, in operating the Website and/or in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your User Content over various public networks and in various media; and (b) make such changes to your User Content as are necessary to conform and adapt that User Content to the technical requirements of connecting networks, devices, services or media. You agree that the License shall permit us to take these actions.

f. Users agree to use interactive chat and bulletin board messaging and other functions allowing posting of User Content included in this Website responsibly. The use of obscene, libelous, profane, abusive, harmful, offensive, inaccurate, or otherwise objectionable language of any kind is prohibited. It is prohibited to use language or post materials that are unlawful or seems to encourage or promote illegal behavior. DBSA reserves the right to delete any User Content and terminate a user’s access to chat and/or bulletin board features at any time for any reason without notification.

g. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact the Designated Agent listed in our Copyright Policy immediately below.

If you believe that any content on this Website violates these terms or your intellectual property rights, you can report such violation to us in accordance with the Digital Millennium Copyright Act (17 U.S.C. §512) (“DMCA”)  In the case of an alleged infringement, please provide the following information:

i) A description of the copyrighted work or other intellectual property that you claim has been infringed;

ii) A description of where the material that you claim is infringing is located on the Website (including the exact URL);

iii) An address, a telephone number and an email address where we can contact you;

iv) A statement that you have a good faith belief that use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;

v) A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf; and

vi) Your electronic or physical signature or that of the person authorized to act on behalf of the owner of the copyright or other right being infringed.

You may request additional information before we remove allegedly infringing material.  You may report a copyright violation by providing the above information to the Designated Agent listed below:

Maria Margaglione
mmargaglione@dbsalliance.org

4. Internet Links.

Organizations are free to link to the Website. As individual pages are subject to change or deletion, please link directly to http://www.DBSAlliance.org/. As a general rule, DBSA does not link to any commercial site.

This Website contains links to other organizations that may provide useful information for users. Links may also exist from third party websites to the Website. Users acknowledge that DBSA is not in control of these sites and cannot control their content or practices. Existence of a link to or from the Website does not indicate endorsement of any individual, organization, product or practice by DBSA, its officers, Board of Directors, employees, or volunteers.

5. Ownership and Use of Website Content.

You agree that use of the Website and the Services does not constitute any basis for ownership of the Website and that we, our affiliates or our licensors own all legal right, title, and interest in and to the Website and all information, materials, images, software, photographs, articles, functions, text, and other content solely provided by or on our behalf on the Website (specifically excluding any User Content that is, as between you and us, your property but licensed to us). The Website and the selection and arrangement thereof, are protected under the copyright laws and other intellectual property laws of the United States and other countries. We reserve all rights not expressly granted herein in and to the Website. Unless otherwise noted, our name and all other trademarks, service marks, trade names, logos or other designations of source displayed on the Website are our property, or that of our affiliates or licensors. All third party trademarks, service marks, trade names, logos or other designations of source are the property of their respective owners. Nothing on the Website shall be construed as granting any license or right not expressly set forth herein.

No content (including text, graphic image, photo, audio/video clip, bulletin board or chat room message, or computer/Internet programming code) contained on this Website may be downloaded, printed or distributed via print or electronic format for any commercial use without prior written consent from DBSA. Copies of DBSA’s print informational brochures are available free of charge on this website for non-commercial use. These brochures may be downloaded, printed and duplicated in entirety without alteration in limited quantity for personal use. Unless otherwise indicated on the page providing access, other information found on this Website may be printed and duplicated and distributed in limited quantity for non-commercial, educational purposes only with the inclusion of the following acknowledgement: Copyright Depression and Bipolar Support Alliance. May not be reproduced or duplicated without prior written permission.

For questions regarding use of information on this site, please contact webmaster@DBSAlliance.org

The support group directory listings published on this Website are provided for confidential use by DBSA constituents. No part of this directory may be stored or reproduced electronically or printed (with the exception of printing individual pages listing support groups in your area) without prior permission of DBSA. Information in this directory may not be used for solicitation purposes. Violators may be prosecuted according to the full extent of the law.

Purchases of products and services through the Website may be governed by additional terms that are presented prior to or upon purchase.

6. Disclaimer

The Website is provided on an AS-IS, AS-AVAILABLE basis without any warranty of any kind, either express or implied. To the fullest extent permitted by law, DBSA, its affiliates and its suppliers disclaim all warranties, express or implied, including, but not limited to, any warranty of merchantability, non-infringement or fitness for a particular purpose.

You understand and agree that: (a) we are not responsible for the timeliness, mis-delivery, deletion or failure to store any information uploaded (or attempted to be uploaded) by you or any other user; (b) we make no warranty as to the accuracy or completeness of the information and services provided or obtained through the Website or the results of your use of the Website; (c) it is your responsibility to evaluate the accuracy, completeness and usefulness of all information obtained or provided through the Website; (d) we may, in our sole discretion, modify, add or discontinue any aspect, content or feature of the Website; and (e) the information on the Website may contain typographical errors or inaccuracies and may not be complete or current and, therefore, we reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

You understand and agree that use of the Website is at your sole risk, that any materials downloaded or otherwise obtained through the use of the Website is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such materials. We make no warranty or representation as to the security of any information you transmit to us.

7. Limitation of Liability

In no event shall DBSA, its affiliates or its suppliers be liable for any damages whatsoever (including, but not limited to, direct, indirect, incidental, consequential, punitive or exemplary damages, or any damages for loss of profits, use, data, goodwill or other intangibles) arising from or in any way connected with these Terms, the use of (or the inability to use) the Website, or any information, goods or services obtained on or from the Website, whether based on warranty, contract, tort (including, but not limited to, negligence), or any other legal theory, and whether or not DBSA is advised of the possibility of such damages.

8. Indemnity

You agree to hold harmless DBSA, its officers, Board of Directors, employees and volunteers from all claims arising out of or related to the use of, or inability to use, this Website, any function on this Website, any information contained in this Website or other sites to which it is linked. This includes, but is not limited to, information viewed or downloaded, discussions held in chat rooms or messages posted on message boards.

9. Miscellaneous

a. Location. The Website is based in the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

b. Termination of Agreement. Either DBSA or User may terminate these Terms at its discretion. In addition to DBSA’s other rights, DBSA may terminate access to this Website or cancel access to any service that DBSA provides on the Website if User breaches these Terms in any way or engages in conduct that DBSA deems inappropriate.

c. Governing Law. These Terms will be governed by the internal laws of the State of Illinois, without regard to its choice of law provisions. You agree that any action arising out of or relating to these Terms may be brought only in a court of competent jurisdiction in Cook County, Illinois, and you hereby consent to the jurisdiction, venue, and convenience of such courts.

d. Interpretation. Headings in these Terms are for convenience only and shall not be used to interpret or construe its provisions.  If any provision of these Terms is found to be invalid, void, or unenforceable by any court having competent jurisdiction, the remainder of these Terms shall remain in full force and effect. Any waiver of any provision of these Terms will be effective only if it is in writing signed by DBSA. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. No inference or presumption shall arise against or in favor of either party because it did or did not draft this document or any provision hereof.

e. Contact Us. Our contact information is:

Webmaster
Phone: 516-474-7060
Email: dbsawestchester@gmail.com

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