1. INTRODUCTION.
Welcome to the web site ("Site") for Palmetto Behavioral Health.® (Hereinafter “Site
Owner").
2. ACCESS TO THE SITE.
BY ACCESSING, BROWSING AND/OR USING THE SITE, YOU ACKNOWLEDGE THAT
YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS AND CONDITIONS
OF USE ("TERMS AND CONDITIONS OF USE") INCLUDING THE PRIVACY POLICY
("PRIVACY POLICY") (COLLECTIVELY THE "TERMS") AND TO COMPLY
WITH ALL APPLICABLE U.S. LAWS AND REGULATIONS. In addition, you hereby represent
and certify that you are at least eighteen (18) years of age. If you do not
or cannot agree to the Terms, you are not authorized to use the Site or any
of the services offered through the Site. Site Owner. reserves the right, in
its sole discretion, to update, revise, supplement and to otherwise modify
these Terms, and to impose new or additional terms and conditions on your use
of the Site from time to time. Such updates, revisions, supplements, modifications
and additional rules, policies, terms and conditions (collectively referred
to in these Terms as "Additional Terms") shall be effective immediately
and incorporated into these Terms upon notice thereof, which may be given by
any reasonable means including by posting to the Site. Your continued viewing
or use of the Site following such notice shall be deemed to conclusively indicate
your acceptance of any and all such Additional Terms.
3. ACCEPTABLE USE OF THE SITE.
In order to use the Site, you must obtain access to the Internet and pay
any and all service fees associated with such access.
(a) Individual Use. You agree that you are only authorized
to visit, view and to retain a single copy of pages of the Site for your own
internal use and not on behalf of any other person or entities, and that you
shall not duplicate, download, publish, modify or otherwise distribute any
material on the Site for any purpose other than for your own internal use unless
otherwise specifically authorized by Site Owner. in writing. Site Owner. posts
legal notices and various credits on pages of the Site, which you shall not
remove even in your permitted copies.
(b) Deep Links; Linking. You agree not to "deep-link" to
the Site, meaning that you shall not create, post, display, publish or distribute
any link to any page other than the front (home) page of the Site for any purpose,
unless specifically authorized by Site Owner. in writing to do so. If you do
want to link to the Site in any manner, you may contact the Site Owner via
the Contact Us page to seek approval.
(c) Framing. You agree not to create any frames at
any other web sites pertaining to or using any of the content located at the
Site for any purpose, unless specifically authorized by Site Owner. in writing
to do so.
(d) Security, Cracking and Hacking. You are prohibited
from violating or attempting to violate the security of the Site. Accordingly,
you agree not to: (i) access data or materials not intended for you; (ii) log
into a server or account which you are not authorized to access; (iii) attempt
to probe, scan or test the vulnerability of a system or network or to breach
security or authentication measures without proper authorization; or (iv) attempt
to interfere with service to any user, host or network, including without limitation,
by means of submitting a virus to the Site, overloading, "flooding", "mailbombing" or "crashing" the
Site. Violations of system or network security may result in civil or criminal
liability. Site Owner. reserves the right to investigate occurrences which
may involve such violations and may involve, and cooperate with, law enforcement
authorities in prosecuting users who have participated in such violations.
You understand that data and communications, including e-mail and other electronic
communications, may be accessed by unauthorized third parties when communicated
over the Internet.
(e) You Are Responsible For All of Your Activities and All of The
Content You Post or Submit. You represent and warrant that any
information and/or material you post or provide to Site Owner. by means of
the Site, including, without limitation, as part of any registration or subscription
or to gain access to or use any services offered on the Site ("Submissions"),
is truthful, accurate, not misleading, not confidential property of others,
not in violation of any other third party's rights and offered in good faith.
You agree NOT to use the Site for or in connection with any of the following
activities: (i) transmitting or relaying spam, spoofing or otherwise impersonating
any person or entity, or falsely stating or otherwise misrepresenting your
identity or affiliation in any way; (ii) using the Site for any fraudulent
or illegal purpose; (iii) e-mailing, uploading, or otherwise transmitting or
using the Site in furtherance of the use, distribution or transmission of any
unlawful, harassing, defamatory, tortious, libelous, sexually explicit, obscene,
hateful, racially, ethnically or otherwise objectionable material of any kind;
and (iv) transmitting material that contains viruses, Trojan horses, worms,
time bombs, cancelbots or other computer programming routines or engines that
are intended to damage, destroy, disrupt or otherwise impair a computer's functionality
or the operation of the Site.
(f) Information Disclosed via the Site. IN ADDITION TO ANY OTHER
WARRANTY DISCLAIMER PROVIDED IN THE TERMS, ANY INFORMATION DISCLOSED TO YOU
VIA THE SITE INCLUDING, WITHOUT LIMITATION, ANY CONTENT, PRODUCT RECOMMENDATIONS,
PRODUCT DESCRIPTIONS, PRODUCT SAFETY AND/OR EFFECTIVENESS MATERIALS, ARE NOT
OFFERED WITH ANY WARRANTY OR REPRESENTATION AS TO ABILITY, ACCURACY, PERFORMANCE
OR SUITABILITY FOR YOUR INTENDED PURPOSE OR COMPLIANCE WITH APPLICABLE LAW.
SITE OWNER. ASSUMES NO RESPONSIBILITY, AND DISCLAIMS ANY LIABILITY FOR, ANY
HARM, ILLNESS, EVENT, OR INJURY RESULTING FROM USING ANY PRODUCTS OR USING
ANY SERVICES OR FOLLOWING ANY ADVICE CONTAINED ON THIS SITE.
(g) Do Not Violate Third Party Intellectual Property Rights. Without
limiting the foregoing, you shall not, and by using the Site you agree not
to, use the Site to: (i) transmit or post any Submissions that are copyrighted,
unless you are the copyright owner or have obtained the permission of the copyright
owner to transmit it and are authorized to do so by Site Owner; (ii) transmit
or post any Submissions that reveal trade secrets, unless you own them or have
the permission of the owner to so transmit them; or (iii) transmit or post
any Submissions that infringe on any Intellectual Property Rights (as defined
below) of others or violates the privacy or rights of publicity of others.
Furthermore, unless otherwise expressly provided, you acknowledge and agree
that: (a) all Submissions shall become property of Site Owner; (b) Site Owner.
has the right to publish the Submissions for any type of use including for
promotional and advertising purposes, in accordance with the terms set forth
in the Privacy Policy, without compensation to you of any kind; (c) any Submissions
that you submit to any part of the Site are non-confidential for all purposes;
and (d) that if you make any such Submission, you automatically grant, represent
and warrant that the owner of such content has expressly granted Site Owner.
a royalty-free, perpetual, irrevocable, world-wide exclusive license to use
the Submissions in any manner, media or form now known or hereafter developed.
Site Owner. shall have the right to sublicense its rights. The term "Intellectual
Property Rights" shall mean, collectively, rights under patent, trademark,
copyright and trade secret laws, and any other intellectual property or proprietary
rights recognized in any country or jurisdiction worldwide, including, without
limitation, moral rights and similar rights.
(h) Ownership. Site Owner. puts a significant amount
of content on the Site for you to examine from time to time including, without
limitation, text, graphics, photographs, pictures, drawings, animation, audio,
video, literature and any other material distributed by Site Owner. on, through
or in connection with the Site. Moreover, Site Owner attempts to display the
content in a way that will be easily accessible and useful for you, the user.
All content and materials on the Site including, without limitation, text,
graphics, logos, button icons, images, audio clips and software included in
the Site and any services offered on the Site, are the property of Site Owner,
its sponsors or business affiliates, and/or their respective licensors, and
are subject to U.S. and international Intellectual Property Rights laws. The
compilation of all content on the Site is the exclusive property of Site Owner.
and is protected by U.S. and international copyright laws. All software used
on the Site is the property of Site Owner or its licensors and is subject to
U.S. and international copyright laws. Except to the minimum extent otherwise
expressly permitted under copyright law, no copying or exploitation of material
from the Site is permitted except expressly in accordance with these Terms
or with the express written permission of Site Owner and any other applicable
copyright owner. You acknowledge that you do not acquire any ownership rights
by virtue of downloading copyrighted material from the Site. All rights not
expressly granted hereunder are expressly reserved to Site Owner.
4. WARRANTY DISCLAIMER.
THE CONTENT, SERVICES, INFORMATION AND ACCESS TO THE SITE ARE PROVIDED "AS
IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND NONINFRINGEMENT. SITE OWNER.
DOES NOT WARRANT THAT ANY PART OF THE SITE WILL OPERATE UNINTERRUPTED OR
ERROR?FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER
THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR
THAT TRANSMISSION TO OR FROM THE SITE AND ACCESS TO THE SITE WILL BE UNINTERRUPTED,
CONTINUOUS OR ERROR-FREE. SITE OWNER. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE IN TERMS OF ITS QUALITY,
CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU SHOULD THEREFORE VERIFY
ANY INFORMATION OBTAINED FROM THE SITE BEFORE ACTING ON IT.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, SITE OWNER. EXPRESSLY DISCLAIMS ANY
RESPONSIBILITY FOR THE ACCURACY, CONTENT, AVAILABILITY OF INFORMATION, PRODUCTS,
SERVICES OR MERCHANDISE FOUND ON THIRD PARTY SITES THAT LINK TO OR FROM THE
SITE. SITE OWNER. DISCLAIMS ANY RESPONSIBILITY FOR PRODUCT OR SERVICE ORDERING
FUNCTIONS, ORDER FULFILLMENT OR COMPLIANCE OF PRODUCTS OR SERVICES WITH ANY
MANUFACTURER'S WARRANTIES OR SPECIFICATIONS. SITE OWNER. CANNOT BE HELD RESPONSIBLE
FOR THE MATERIAL CONTAINED ON THIRD PARTY SITES AND/OR RELATED SERVICES NOR
DOES SITE OWNER. MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY
OF ANY INFORMATION YOU MIGHT BE REQUESTED TO GIVE TO THIRD PARTY SITES.
5. LIMITATION OF LIABILITY.
YOUR USE OF THE SITE IS AT YOUR OWN RISK. TO THE FURTHEST EXTENT PERMITTED
BY LAW, UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, SITE OWNER.'S
NEGLIGENCE, SHALL SITE OWNER, ITS AFFILIATES, RELATED ENTITIES, VENDORS OR
CONTENT PROVIDERS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT
LIMITATION, DIRECT, SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, EXEMPLARY
AND/OR INCIDENTAL DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE THE
SITE, ANY CONTENT AND/OR ANY RELATED SOFTWARE, EVEN IF SITE OWNER. OR AN
AUTHORIZED SITE OWNER. REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THESE TERMS,
IN THE EVENT THE TERMS OF THIS SECTION, OR ANY PART OF THIS SECTION, SHALL
BE HELD INVALID OR UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, IN
NO EVENT SHALL SITE OWNER.'S TOTAL LIABILITY TO YOU, OR ANYONE CLAIMING BY
OR THROUGH YOU, FOR ANY DAMAGES, LOSSES, CLAIMS AND/OR CAUSES OF ACTION,
WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE EXCEED ONE HUNDRED DOLLARS
($100).
6. INDEMNIFICATION.
You shall indemnify, defend and hold harmless Site Owner. and its sponsors,
business affiliates, vendors, content providers, subsidiaries, related entities,
affiliates, officers, directors, employees, attorneys and agents, from and
against any and all damages, claims and actions brought by you or any third
party resulting from your use of the site in violation of these terms or
the infringement by you of any intellectual property rights of any person
or entity.
7. GOVERNING LAW AND ARBITRATION.
The laws of the State of South Carolina (excluding any principles of conflicts
of laws) govern your use of the Site, the services and these Terms. You agree
that the parties shall settle any claim or dispute relating to these Terms
by binding arbitration in Charleston, South Carolina under the Commercial
Arbitration Rules of the American Arbitration Association. To the fullest
extent permitted by applicable law, no arbitration under these Terms shall
be joined to an arbitration involving any other party subject to these Terms,
whether through class arbitration proceedings or otherwise. NOTWITHSTANDING
THE DISPUTE RESOLUTION REQUIREMENTS SET FORTH ABOVE, FOR ANY INJUNCTIVE RELIEF
RELATING TO YOUR ACCESS TO, OR USE OF, THE SITE INCLUDING, WITHOUT LIMITATION,
RELATED SERVICES, YOU AGREE AND HEREBY SUBMIT TO THE EXCLUSIVE JURISDICTION
AND VENUE OF THE APPROPRIATE STATE OR FEDERAL COURTS LOCATED IN CHARLESTON
COUNTY, SOUTH CAROLINA, UNITED STATES OF AMERICA.
8. WAIVER AND SEVERABILITY.
Furthermore, no delay or omission by Site Owner. to exercise any right or
any noncompliance on your part with respect to the Terms shall impair any
such right or be construed to be a waiver by Site Owner. If any provision
of the Terms is found by a court of competent jurisdiction to be invalid
or unenforceable in whole or in part, such provision shall, as to such jurisdiction,
be ineffective to the extent of such invalidity or unenforceability without
in any manner affecting the validity or enforceability thereof in any other
jurisdiction or the remaining provisions hereof in any jurisdiction, provided,
however, if such invalid or unenforceable provision may be modified so as
to be valid and enforceable as a matter of law, such provision will be deemed
to have been modified so as to be valid and enforceable to the maximum extent
permitted by law.
9. CONTRACT ELECTRONICALLY
You agree that the Terms, combined with your act of using the Site and/or
the services offered on or through the Site have the same legal force and
effect as a written contract with your written signature and satisfy any
laws that require a writing or signature, including any applicable Statute
of Frauds. You further agree that you shall not challenge the validity, enforceability
or admissibility of the Terms on the grounds that it was electronically transmitted
or authorized. In addition, you acknowledge that you have had the opportunity
to print the Terms.
Last Updated August 31, 2007