These Terms provide that all disputes between you and BCCS will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT A JUDGE OR JURY and your claims cannot be brought as a class action. Please review the Section below entitled Dispute Resolution and Arbitration for the details regarding your agreement to arbitrate any disputes with BCCS.
1. The Site Does Not Provide Specific Medical or Treatment Advice. THE CONTENTS OF THE SITES ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE 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 OR TREATMENT PLAN. Never disregard professional medical advice or delay in seeking it because of something you have read on or through the BCCS Sites. If you think you may have a medical emergency, call your doctor or 911 immediately. Reliance on any information provided by BCCS, BCCS employees or representatives, others appearing on the Sites at the invitation of BCCS, or other visitors to the Sites is solely at your own risk.
2. BCCS Overview. BCCS aims to provide quality, comprehensive, compassionate and innovative care to individuals struggling with alcohol and/or drug conditions and mental/behavioral health issues. Through evidence-based and empathetic care we instill hope that long-term recovery is possible. Our purpose and passion is to empower the individual, his/her family, and the community through the promotion of optimal wellness. Our Sites are extensions of this core mission, and facilitate the connection between BCCS and individuals, and to enable individuals to learn more about BCCS treatment programs. Certain of our Sites may contain information that is helpful for individuals evaluating or seeking treatment.
3. Eligibility. You must be at least thirteen (13) years of age to visit and use our Sites and, by agreeing to these Terms, you represent and warrant to us that you are at least thirteen (13) years of age. If you are using our Sites on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization.
4. Accounts and Registration. To access certain features of our Sites, you may be required to register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your e-mail address or other contact information). You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password or will have a password generated on your behalf. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us.
5. User Content
5.1 User Content Generally. Certain features of our Sites may permit users to post content, including comments, messages, photos, video, images, and other types of content (collectively, “User Content”) and to publish User Content on our Sites. You retain copyright and any other proprietary rights that you may hold in the User Content that you post to the Sites.
5.2 Limited License Grant to BCCS. By posting or publishing User Content, you grant BCCS a worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify, and distribute your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed). Any such use of your User Content by BCCS may be without any compensation paid to you.
5.3 User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting and publishing User Content, you affirm, represent, and warrant that:
5.3.1 You are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize BCCS and users of our Sites to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section 5 and in the manner contemplated by BCCS and these Terms; and
5.3.2 Your User Content, and the use thereof as contemplated herein, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (ii) slander, defame, or libel any third-party.
5.4 User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. BCCS may, however, at any time and without prior notice, screen, remove, edit, or block any User Content for any or no reason. You understand that when using the Sites you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against BCCS with respect to User Content. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, BCCS does not permit copyright-infringing activities on the Sites.
6. Digital Millennium Copyright Act
6.1 DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. 512, as amended). If you have any complaints with respect to material posted on the Sites, you may contact our Designated Agent at the following address: DMCA Agent, 2713 Lancaster Avenue, Wilmington, DE 19805, E-mail: [email protected].
Notices alleging that materials hosted by or distributed through the Sites infringe intellectual property rights must include the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of the material that you claim is infringing and where it is located on the Sites;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the use of the materials on the Sites of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
f. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
6.2 Repeat Infringers. BCCS will promptly terminate without notice the accounts of users that are determined by BCCS to be “repeat infringers.” A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had User Content removed from the Sites more than twice.
7. Prohibited Conduct.
7.1 BY USING THE SITES YOU AGREE NOT TO:
a. use the Sites for any illegal purpose, or in violation of any local, state, national, or international law;
b. violate, or encourage others to violate, the rights of third parties or BCCS, including by infringing or misappropriating third party or BCCS intellectual property rights;
c. post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
d. interfere with security-related features of the Sites, including without limitation by (i) disabling or circumventing features that prevent or limit use or copying of any content, or (ii) reverse engineering or otherwise attempting to discover the source code of the Sites or any part thereof except to the extent that such activity is expressly permitted by applicable law;
e. interfere with the operation of the Sites or any user’s enjoyment of the Sites, including without limitation by (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, (ii) making unsolicited offers or advertisements to other users of the Sites, (iii) attempting to collect, personal information about users or third parties without their consent; or (iv) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Sites, or violating the regulations, policies, or procedures of such networks, equipment, or servers;
f. perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing the accounts of others without permission, or falsifying your age or date of birth;
g. sell or otherwise transfer the access granted herein or any Materials (as defined in Section 11 below) or any right or ability to view, access, or use any Materials; or
h. attempt to do any of the foregoing in this Section 7, or assist or permit any persons in engaging or attempting to engage in any of the activities described in this section 7.
7.2 BCCS reserves the right (but is not obligated) to do any or all of the following in connection with the public areas of the Sites:
a. Record the dialogue in public chat rooms.
b. Investigate an allegation that a communication does not conform to these Terms and determine in its sole discretion to remove or request the removal of the communication.
c. Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms.
d. Terminate a user’s access to any or all parts of the Sites upon any breach of these Terms.
e. Monitor, edit, or disclose any communication made in connection with the Sites.
f. Edit or delete any communication(s) posted on the Sites, regardless of whether such communication(s) violate these standards.
BCCS has no liability or responsibility to users of the Sites or any other person or entity for performance or nonperformance of the aforementioned activities.
8. Discontinuation and Modification of the Sites. We reserve the right to modify or discontinue any or all of the Sites at any time (including, without limitation, by limiting or discontinuing certain features of the Sites) without notice to you. We will have no liability whatsoever on account of any change to or discontinuation of the Sites. You may terminate your account at any time by contacting customer service at [email protected].
9.2 Additional Terms. Your use of the Sites is subject to any and all additional terms, policies, rules, or guidelines applicable to the Sites (or certain features of the Sites) that we may post on or link to on the Sites (the “Additional Terms”), such as rules applicable to particular features or content on the Sites, subject to Section 10 below. All such Additional Terms are hereby incorporated by reference into, and made a part of, these Terms.
10. Changes to the Terms. We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. In the event that a change to these Terms materially modifies your rights or obligations, we will make reasonable efforts to notify you of such change. We may provide notice through a pop-up or banner within any of the Sites, by sending an email to any address you may have used to register for an account, or through other mechanisms. Additionally, if the changed Terms materially modify your rights or obligations, we may require you to provide consent by accepting the changed Terms. If we require your acceptance of the changed Terms, changes are effective only after your acceptance. If you do not accept the changed Terms, we may terminate your access to and use of the Sites. All other changes are effective upon publication of the changed Terms. Disputes arising under these Terms will be resolved in accordance with the Terms in effect at the time the dispute arose.
11. Ownership; Proprietary Rights.The Sites are owned and operated by BCCS. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Sites (the “Materials”) provided by BCCS are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Sites are the property of BCCS or our third-party licensors. Except as expressly authorized by BCCS, you may not make use of the Materials. BCCS reserves all rights to the Materials not granted expressly in these Terms. BCCS authorizes you to view or download a single copy of Materials from the BCCS Site solely for your personal, noncommercial use if you include the copyright notice located at the end of the material, for example: “© 2017, Brandywine Counseling & Community Services, Inc., All Rights Reserved” and other copyright and proprietary rights notices that are contained in the Materials. Any special rules for the use of certain other items accessible through the Sites may be included elsewhere within the Sites and are incorporated into these Terms by reference.
12. Indemnity. You agree that you will be responsible for your use of the Sites, and you agree to defend, indemnify, and hold harmless BCCS and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the “BCCS Entities”) from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Sites; (ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.
13. Disclaimers; No Warranties THE SITES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITES ARE PROVIDED “AS IS”AND ON AN “AS AVAILABLE”BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE BCCS ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITES, INCLUDING BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (ii) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE BCCS ENTITIES DO NOT WARRANT THAT THE SITES OR ANY PART THEREOF, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SITES, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITES OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SITES WILL CREATE ANY WARRANTY REGARDING ANY OF THE BCCS ENTITIES OR THE SITES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SITES, YOUR DEALINGS WITH OTHER VISITORS TO AND USERS OF THE SITES, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITES. YOU UNDERSTAND AND AGREE THAT YOU USE THE SITES AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SITES AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SITES) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SITES OR THE DOWNLOAD OR USE OF SUCH MATERIALS OR CONTENT.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
14. Limitation of Liability IN NO EVENT WILL THE BCCS ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITES OR ANY MATERIALS OR CONTENT ON THE SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE BCCS ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
YOU AGREE THAT THE AGGREGATE LIABILITY OF THE BCCS ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE SITES (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITES) OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $50.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 14 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
15. Governing Law. These Terms shall be governed by the laws of the State of Delaware without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and BCCS agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within New Castle County, Delaware for the purpose of litigating all such disputes. We operate the Sites from our offices in Delaware, and we make no representation that Materials included in the Sites are appropriate or available for use in other locations.
17. Dispute Resolution and Arbitration
17.1 Generally. In the interest of resolving disputes between you and BCCS in the most expedient and cost effective manner, you and BCCS agree that any and all disputes arising in connection with or in any way related to these Terms or your use of the Site shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms or your use of the Site, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND BCCS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
17.2 Exceptions. Notwithstanding subsection 17.1, we both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
17.3 Arbitrator. Any arbitration between you and BCCS will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879.
17.4 Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, and cannot obtain one, by electronic mail (“Notice”). In the event a party is unable to obtain a physical address or an electronic mail address, the provision for notice is waived. BCCS’ address for Notice is: Brandywine Counseling & Community Services, Inc., 2713 Lancaster Avenue, Wilmington, DE 19805. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or BCCS may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or BCCS shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, BCCS shall pay you (i) the amount awarded by the arbitrator, if any, or (ii) $100.00, whichever is greater.
17.5 Fees. No party shall reimburse the other for the payment of the arbitration filing fee until the responsibility for payment of such fees is decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in New Castle County, Delaware, provided that if the claim is for $5,000 or less, you may choose whether the arbitration will be conducted (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephonic hearing; or (iii) by an in-person hearing as established by the AAA Rules in New Castle County, Delaware. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse BCCS for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
17.6 No Class Actions. YOU AND BCCS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and BCCS agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
17.7 Modifications. In the event that BCCS makes any future change to this arbitration provision (other than a change to BCCS’ address for Notice), you may reject any such change by sending us written notice within 30 days of the change to BCCS’ address for Notice, in which case your account with BCCS shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.
17.8 Enforceability. If the entirety of this Section 17 is found to be unenforceable, then the exclusive jurisdiction and venue described in Section 15 shall govern any action arising out of or related to these Terms or your use of the Site.
18. Consent to Electronic Communications. By using the Sites, you consent to receiving certain electronic communications from us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
19. Contact Information. The Sites are owned Brandywine Counseling & Community Services, Inc., 2713 Lancaster Avenue, Wilmington, DE 19805. You may contact us by sending correspondence to the foregoing address or by emailing us at [email protected]. If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms.
20. DISCLAIMER. Content provided on the website located at BrandywineCounseling.org, and any related websites, is intended for general informational purposes only. It is not a substitute for professional medical or clinical advice, diagnosis, or treatment. Never ignore professional medical or clinical advice because of something you have read or believe you have read on this website or any website. IF YOU THINK YOU ARE AT RISK OF SELF HARM OR OTHERWISE MAY HAVE A MEDICAL EMERGENCY CALL 911 IMMEDIATELY. Actual treatment is individualized, follows an assessment, is driven by a recovery plan, and includes an interdisciplinary care team. You should not rely on information presented on this website, or on any website, as a representation of the actual treatment service(s) or program(s) that are appropriate for you or a loved one, or are available at a particular treatment center.