App Terms and Conditions
Welcome to the Actively Moving Forward (AMF) App, a HealGrief program.
The purpose of the App is to provide grieving individuals, and the professionals and volunteers who serve them an opportunity to join a virtual community. The purpose of the virtual community is to provide our members with a platform to connect and share with other like-minded individuals.
The App provides a virtual community only. HealGrief does not sanction any community member interactions of any kind outside of the App’s virtual community. Although the App allows for meetings, meetings are at the sole risk and responsibility of individual members.
This App is administered by HealGrief staff, volunteers and board members, herein referred to as “Agents” and through their best efforts, they will ensure the quality and integrity of its members through a required registration process and content provided. Through information registrant submits, approved registrants we be given access to their appropriate group and be deemed a “Member”.
It is important to note, once approved, others can see you are a Member of the group within the App and may choose to connect with you through it. It is up to Members, at their sole responsibility to accept or decline a request for a direct message or private group chat from the other Members within the group.
It is important to note that group Members can see any added information you edit into your personal contact information. HealGrief does not sanction information of a personal nature, included but not limited to mailing addresses, phone numbers and/or any information that might be deemed as personal to be displayed anywhere within the App. Member agrees that any personal information provided within the App is at the sole risk of Member.
It is important to note that group Members will be able to see any and all posts and comments you make within the group. HealGrief does not sanction any and all advice, advise, recommendation, referral and/or any such of this kind given from its Members. Members agree that any and all advice, advise, recommendation, referral and/or any such of this kind taken is at Members sole responsibility.
You must read and agree to the following terms and conditions for the App’s Group Member access. Failure to do so will disqualify your ability to participate and you will not be approved for a Group. You must continue to adhere to Member’s terms and conditions, or your Group membership participation will be revoked.
CONTENT LICENSE AND RESTRICTION
1) App Membership. App membership is granted by HealGrief and/or its “Agents” who are appointed by HealGrief to run the App. Membership may be terminated by the same staff or administrators at any time based on failure of Member to comply with these Terms and Conditions or at the discretion of HealGrief and/or its “Agents”. App membership is completely voluntary and can be terminated by the App Member at any time.
2) Account. In order to become an App Member, you must complete the inquiry form and agree to these terms and conditions. After the registration process, you will be asked to choose a password for your Account. You are entirely responsible for maintaining the confidentiality of your App password. You agree not to share your Account, username, or password of another App Member at any time and to notify the “Agents” immediately if you suspect any unauthorized use of your Account or access to your password. You are solely responsible for any and all Content that is posted by or through your Account on the App, including any e-mail, and for your interactions with any other App Member.
3) License to Content. The membership hereby grants you, subject to these Terms, a non-exclusive, limited and revocable license to view and use this App. You may download content only for your personal, informational, or non-commercial purposes. No alteration, modification or further reproduction is permitted. No other use or reproduction of the content is authorized. In consideration of this authorization, you agree that any copy of the content you make shall retain all copyright and other proprietary notices in the same form and manner as on the original. You may not otherwise use, download, upload, print, display, perform, reproduce, publish, license, post, transmit, modify, adapt, or distribute any content in whole or in part without our express written authorization.
4) Ownership and Copyright. Content on this App may be protected by copyright and other laws. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise, any license or right under any patent, trademark or copyright of HealGrief or any third party. The trademarks, logos, trade dress and service marks (“Marks”) displayed on the Site are the property of the HealGrief or other third parties. You are not permitted to use these Marks without the prior written consent of the party that owns the Mark. You hereby grant to HealGrief a nonexclusive, royalty-free license to use reproduce, distribute, publicly display, reformat and/or translate all content that you upload to the App.
CONTENT AND USAGE DISCLAIMERS
5) General. HealGrief and/or its “Agents” make no representation, warranties, or assurances as to the accuracy, availability or completeness of the information provided on this App. Except where expressly provided otherwise, this App and all content, products and services provided on the App are provided on an “as is” and “as available” basis. To the extent legally permitted under applicable law, HealGrief 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, title and non-infringement. HealGrief and/or its “Agents” make no warranty that: (a) the App will meet your individual objectives or needs; (b) the information that may be obtained from the use of the App or any content offered through the App will be accurate or reliable; or (c) the quality of any content, products, services, or other material obtained by you through the App will meet Member expectations. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
6) Assumption of Risk. Although HealGrief and its “Agents”, through their best efforts, maintain, monitor and ensure the quality of content, HealGrief and/or its “Agents” assume no responsibility for posts, comments and/or any and all content of any kind that may be construed as offensive, distressing, or inflammatory to other users, and Member assumes the risk of reviewing such content.
Furthermore, HealGrief does not sanction any Member interaction and/or engagement of any kind with any other Member outside the App’s virtual community. It is at Member’s sole risk and responsibility to ensure Member’s own confidential information, security and safety.
7) Availability of App and Content. HealGrief and/or its “Agents” reserve the right to change or discontinue the content on the App at any time, without notice, and with no liability to you.
8) Medical Advice. Specific medical advice can only be provided by a qualified healthcare provider. HealGrief and/or its “Agents” are NOT healthcare providers. MESSAGES, ADVICE, ADVISE, OPINIONS OR OTHER INFORMATION CONTAINED ANYWHERE WITHIN THE APP INCLUDING, BUT NOT LIMITED TO ANY POSTS SHOULD NOT BE CONSTRUED AS PROFESSIONAL ADVICE OR INSTRUCTION. If you have specific questions concerning your health or medical status, please consult your personal health care provider.
Although HealGrief and its “Agents”, through their best efforts, review content posted or uploaded to this App, Member acknowledges and agrees that any advice, advise, recommendations, referrals and/or any such of this kind is to be used at the sole risk of Member and it is the sole responsibility of Member to do Member’s own due diligence prior to action and/or engagement from said advice, advise, recommendations, referrals and/or any such of this kind and further agrees to hold harmless HealGrief and/or its “Agents” from any and all liability that may be incurred by said advise, recommendations, referrals and/or any such of this kind.
Additionally, emergency support is not available through this site. If you are experiencing an emergency or life-threatening situation, feeling suicidal or homicidal, or are aware of child abuse, elder abuse, or dependent adult abuse, immediately call 911 or go to the nearest emergency room.
9) Advertising, Linking and Framing. This App may provide links or references to, or advertisements for, sites operated by other parties (“Third-Party Sites”), but HealGrief and/or its “Agents” have no responsibility for the availability or content of such Third-Party Sites and shall not be liable for any damages or injury arising from that content. Any links to other Third-Party Sites are provided as merely a convenience to the users of this App, and the inclusion of the links does not imply an endorsement. You agree that HealGrief and its “Agents” are not responsible for the content or performance of these Third-Party Sites, including opinions, advice, statements and advertisements. You further agree that HealGrief and its “Agents” are not responsible for any loss or damage of any sort you may incur from dealing with any such third party, and that you bear all risks associated with the use of such content.
10) Limitation of Liability. HealGrief works hard to provide clear guidelines for Member participation. Our App, however, is provided on an “as-is” and “as available” basis, and we make no representation, warrantees, guarantees, or assurances that use will always be safe, secure, or error-free, or that it will function without disruptions, delays, or imperfections. To the extent permitted by law, we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We cannot control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content).
We cannot predict when issues might arise from our Members. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to Member’s use of the App, even if we have been advised of the possibility of such damages.
Furthermore, to the extent legally permitted under applicable law, HealGrief and its “Agents” shall not be liable for any damages or injury, whether bodily or emotional, resulting from your access to, or inability to access this App, or from your reliance on any content provided on this App including but not limited to any and all advice, advise, recommendations, referrals and/or any such of this kind, either by HealGrief, its “Agents” or any App Member, or from any damages or injury, whether bodily or emotional, resulting from, but not limited to Member, communication, interaction and/or engagement of any kind whether derived from within or outside of the virtual App community, and in no event shall HealGrief and/or its “Agents” be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or use, incurred by you whether in an action in contract or tort, arising from your access to, or use of, the App, whether or not HealGrief and its “Agents” have been advised of the possibility.
11) Release. You hereby release HealGrief, its officers, employees, “Agents” and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from: (i) any interactions with other App Members, (ii) any incorrect or inaccurate content (including, without limitation, any information in Accounts) posted in this App, whether caused by App Members or by any of the equipment or programming associated with or utilized in this App, or (iii) the conduct of any App Member.
12) Indemnity. You agree to defend, indemnify, and hold HealGrief and its subsidiaries, affiliates, officers, “Agents”, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the App in violation of these Terms and/or arising from your breach of any of these Terms.
CONTENT MONITORING AND RESTRICTION
13) Monitoring. In order to cooperate with legitimate governmental requests, subpoenas or court orders, or to protect our App Members, or to ensure the integrity of our operations, HealGrief and its “Agents” may monitor, access, limit, and disclose any information and content it considers necessary or appropriate, including, without limitation, account information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted content.
14) Non-Commercial Use. This App is for the personal use of App Members only and may not be used in connection with any commercial endeavors except those that are specifically approved in writing by “Agents”. You will not engage in advertising to, or solicitation of, any App Member to buy or sell any products or services through this App. In order to protect our App Members from such advertising or solicitation, we reserve the right to restrict the number of communications that a App Member can send to other App Members and the sharing of any content in any twenty-four (24) hour period to a number and amount that we deem appropriate in our sole discretion. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from your posts without notice and may result in suspension or termination of your account and the licenses granted hereunder.
15) Content Restriction: HealGrief and/or its “Agents” reserve the right to delete user posts or content for reasons including, but not limited to:
- the inclusion of confidential/proprietary information;
- any conflict with any policy of HealGrief;
- the inclusion of protective private health information;
- language determined by HealGrief and/or its “Agents” to be unprofessional or inflammatory (i.e., libelous, defamatory, false, obscene, indecent, lewd, violent, abusive, threatening, harassing, discriminatory, etc.);
- content that adversely affects HealGrief’s mission;
- misinformation about grief or HealGrief and/or its “Agents”;
- language that discourages participation in App or HealGrief;
- language that adversely affects volunteer involvement;
- language that overall is offensive to supporters; or
- any other language that, at the discretion of HealGrief and/or its “Agents”, is deemed to be inappropriate for The App
Anyone who continues to disregard these guidelines will be blocked from the App.
16) Personal Health Information: No one may use or disclose any Member/patient identifying information (except their own) of any kind on any social media without the express written permission of the Member/patient. Even if an individual is not identified by name within the information you wish to use or disclose, if there is a reasonable basis to believe that the person could still be identified from that information, then its use or disclosure could constitute a violation of the Health Insurance Portability and Accountability Act (HIPAA). Content that includes personal health information that is not your own cannot be posted to this site. To protect the privacy of Members, this App is an online communication forum for its Members who have experienced the death of someone close, professionals and volunteers who serve them.
17) Representations Concerning App Members may not represent in their posts that they are communicating the view of HealGrief and/or its “Agents”, nor may they make any statements that might reasonably create the impression that they are communicating on behalf of or as a representative of HealGrief.
20) Consequence of Breach. Any use of this App in violation of these Terms may result in, among other things, termination or suspension of your rights to use this App and the licenses granted hereunder.
21) Governing Law and Forum. All matters relating to your access to, and use of, this App and these Terms shall be governed by U.S. federal law or the laws of the State of California. Any legal action or proceeding relating to your access to, or use of, this App shall be instituted in a state court located in Los Angeles County, California, and a federal court located in California and no other venue. You and HealGrief and/or its “Agents” agree to submit to the exclusive jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
22) Severability. In the event that any term or condition of these Terms is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.
23) Entire Agreement. These Terms constitute the entire agreement between you and HealGrief and/or its “Agents” regarding the use of this App and its contents. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
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