Terms and Conditions
IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU AND THE NATIONAL ALLIANCE ON MENTAL ILLNESS, INC. (“NAMI” OR “WE” OR “US” OR “OUR”). THE WEBSITE LOCATED AT WWW.NAMI.ORG (THE “WEBSITE”), IS OWNED AND OPERATED BY NAMI. THE NAMI WEBSITE IS A COMPLIMENTARY INFORMATION SERVICE PROVIDED BY NAMI AS A CONVENIENCE TO USERS, WITH THE EXPRESS CONDITION THAT USERS AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS USER AGREEMENT. BEFORE ACCESSING OR USING ANY PART OF THE WEBSITE, YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE AGREEMENT. YOUR ACCESS TO AND USE OF THE WEBSITE ARE SUBJECT TO THESE TERMS OF USE, AS WELL AS TO ALL APPLICABLE LAWS AND REGULATIONS, AND TOGETHER WITH ANY OTHER TERMS AND CONDITIONS AS MAY BE SET FORTH BY NAMI.
NAMI IS WILLING TO LICENSE AND ALLOW THE USE OF THIS WEBSITE ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE WEBSITE. YOUR ACCESS TO AND USE OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THESE TERMS OF USE. THESE TERMS OF USE MAY BE MODIFIED BY NAMI FROM TIME TO TIME WITHOUT ADVANCE NOTICE BY POSTING HERE AND YOU WILL BE BOUND BY ANY SUCH MODIFIED TERMS OF USE IF YOU CONTINUE TO USE THIS WEBSITE AFTER SUCH CHANGES ARE POSTED. THE DATE THESE TERMS OF USE WERE LAST UPDATED IS STATED AT THE END OF THIS DOCUMENT. YOU ARE ENCOURAGED TO REVIEW THESE TERMS OF USE PERIODICALLY FOR UPDATES AND CHANGES.
Description Of NAMI And The Website
NAMI is the nation’s largest grassroots mental health organization dedicated to building better lives for the millions of Americans affected by mental illness. NAMI provides advocacy, education, support and public awareness so that all individuals and families affected by mental illness can build better lives.
The Website provide visitors with access to a variety of information and resources, including, but not limited to, works of authorship, e-newsletters, blogs, submitted materials, Extended Profile Content, Submitted Materials, discussion groups, bulletin boards, news, videos, User Content, and other relevant content (collectively, the “Content”).
Disclaimer On Professional Advice
THE INFORMATION AVAILABLE ON AND THROUGH THE WEBSITE IS PRESENTED IN SUMMARY FORM AS A SUPPLEMENT TO, AND NOT A SUBSTITUTE FOR, THE KNOWLEDGE, SKILL AND JUDGMENT OF QUALIFIED PSYCHIATRISTS, PSYCHOLOGISTS, PHYSICIANS AND HEALTH CARE PROFESSIONALS. THE INFORMATION ON NAMI.ORG HAS BEEN OBTAINED FROM SOURCES REASONABLY BELIEVED TO BE ACCURATE AND RELIABLE. YOU HEREBY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT THIS WEBSITE AND ITS CONTENT AND TREATMENT RESOURCES DO NOT CONSTITUTE THE PRACTICE OF ANY MEDICAL, NURSING OR OTHER PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS OR TREATMENT. CONTENT ACCESSED ON OR THROUGH NAMI.ORG IS NEITHER COMPLETE NOR EXHAUSTIVE AND DOES NOT COVER ALL DISABILITIES, DISEASES, ILLNESSES AND PHYSICAL CONDITIONS OR THEIR MANAGEMENT OR TREATMENT. YOU SHOULD ALWAYS TALK TO YOUR HEALTH CARE PROVIDER FOR SPECIFIC GUIDELINES AND INSTRUCTIONS, INCLUDING THOSE RELATED TO DIAGNOSIS AND TREATMENT OF MEDICAL CONDITIONS. IN PROVIDING THE CONTENT, INFORMATION AND TREATMENT RESOURCES – AND OFFERING ANY RELATED PRODUCTS OR SERVICES – WE ARE IN NO WAY REPRESENTING OR WARRANTING THAT SUCH INFORMATION, CONTENT AND TREATMENT RESOURCES IS APPLICABLE OR APPROPRIATE FOR YOUR NEEDS AND/OR CONDITION, OR THAT ANY PARTICULAR SERVICE OR PRODUCT IS SAFE, APPROPRIATE OR EFFECTIVE FOR YOU. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM OR CONDITION, PLEASE CONTACT A QUALIFIED HEALTH CARE PROFESSIONAL IMMEDIATELY. IF YOU ARE IN THE UNITED STATES AND ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL 911 OR CALL FOR EMERGENCY MEDICAL HELP ON THE NEAREST TELEPHONE.
Endorsements
You understand that the opinions and recommendations included in this Website are not necessarily those of NAMI or endorsed by NAMI. NAMI may provide links to other websites, which are not under the control of NAMI. These links are included as a convenience to you and are not intended as an endorsement by NAMI of the organization or individual operating the website.
Intellectual Property Rights
Trademarks And Service Marks
Certain trademarks (including those indicated below) are the service marks and trademarks of NAMI. All page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of NAMI. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Website are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from these Website without the prior written authorization of NAMI or their respective owners.
The following are registered service marks of NAMI: In Our Own Voice, NAMI, NAMI Basics, NAMI Connection, NAMI Ending the Silence, NAMI FaithNet, NAMI Family & Friends, NAMI Family Support Group, NAMI Family-to-Family, NAMI Grading the States, NAMI Hearts & Minds, NAMI Homefront, NAMI Information Helpline, NAMI On Campus, NAMI Parents & Teachers as Allies, NAMI Peer-to-Peer, NAMI Provider, NAMI Smarts, NAMIWalks, NAMIWALKS and National Alliance on Mental Illness.
Copyright
Except as otherwise expressly stated, all Content appearing on the Website – including all scripts, text, graphics, logos, button icons, images, audio and video clips, and similar materials, is the copyrighted work of either NAMI or third party partners and suppliers, and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content is also the exclusive property of NAMI, and is protected by U.S., and international copyright laws. Except as otherwise expressly stated herein or as expressly permitted, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from the Website, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of NAMI, or any applicable third-party suppliers or authorized users. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by NAMI. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. NAMI does not warrant nor represent that your use of any Content or materials displayed on the Website will not infringe rights of third parties.
Use
NAMI grants requested reprint permissions subject to your agreement to these conditions.
In the reprint, you will credit NAMI, the National Alliance on Mental Illness, as the source. You are not reselling the product at a profit. And you will send a copy of the result to this address:
Editor, NAMI, 4301 Wilson Blvd., Ste. 300, Arlington, VA 22203. (If the reprint is for use on a Web site, please send the citation to [email protected]).
For any information contained on the NAMI website that is attributed to another source, permission to reproduce must be obtained from the original source. Use of any robot, spider, other automatic device or manual process to monitor or copy the Website or any of its content and “mirroring” the Website or any content on any other server is prohibited unless prior permission is obtained from NAMI.
Stock photos used on this Website are not meant to indicate any particular attitude or opinion on the part of those whose images are being used and are not intended to indicate an endorsement by the subjects.
Takedown Notice
If you believe that any content, pictures or images on these Website violates or infringes upon your intellectual property rights or someone else’s intellectual property rights, please contact us at [email protected] and provide enough information to enable the NAMI to understand what content, pictures or images are an issue, and provide contact information so that we can contact you with any questions or follow up.
Use Of Website Discussion Groups/Bulletin Boards/Blogs
NAMI provides this Website and associated discussion groups/bulletin boards/blogs for the benefit of its members and the public. The content, view and opinions published in Blogs written by our personnel or contributors – or from links or posts on the Website from other sources – belong solely to their respective authors and do not necessarily reflect the views of NAMI, its management or employees. Any comments or opinions expressed are those of their respective contributors only. Please remember that the open and real-time nature of the comments posted to these venues makes it is impossible for NAMI to confirm the validity of any content posted, and though we reserve the right to review and edit or delete any such comment, we do not guarantee that we will monitor or review it. As such, we are not responsible for any messages posted or the consequences of following any advice offered within such posts. If you find any posts in these posts/comments to be offensive, inaccurate or objectionable, please contact us via email at [email protected] and reference the relevant content. If we determine that removal of a post or posts is necessary, we will make reasonable efforts to do so in a timely manner.
NAMI expressly disclaims responsibility for and liabilities resulting from, any information or communications from and between users of the NAMI bulletin board. Users acknowledge and agree that they may be individually liable for anything they communicate using the NAMI discussion groups/bulletin board/blogs, including but not limited to defamatory, discriminatory, false or unauthorized information. Users are cautioned that they are responsible for complying with the requirements of applicable copyright and trademark laws and regulations. By submitting a response, comment or content, you agree that such submission is non-confidential for all purposes. Any submission to this Website will be deemed and remain the property of NAMI.
The NAMI discussion groups/bulletin boards/blogs are forums for individuals to share their opinions, experiences and thoughts related to mental illness. NAMI wants to ensure the integrity of this service and therefore, use of this service is limited to participants who agree to adhere to the following guidelines:
1. Refrain from transmitting any message, information, data, or text that is unlawful, threatening, abusive, harassing, defamatory, vulgar, obscene, that may be invasive of another ‘s privacy, hateful, or bashing communications – especially those aimed at gender, race, color, sexual orientation, national origin, religious views or disability.
NAMI reserves the right to remove or edit a post containing offensive material as defined by NAMI. That stated, NAMI does not have the practical ability to restrict conduct or communications prior to transmission and posting, nor can NAMI ensure prompt editing or deletion of offensive posts.
NAMI reserves the right to remove or edit posts that contain explicit, obscene, offensive, or vulgar language. Similarly, posts that contain any graphic files will be removed immediately upon notice.
2. Refrain from posting or transmitting any unsolicited, promotional materials, “junk mail,” “spam,” “chain mail,” “pyramid schemes” or any other form of solicitation. NAMI reserves the right to delete these posts immediately upon notice.
3. NAMI invites and encourages a healthy exchange of opinions. If you disagree with a participant ‘s post or opinion and wish to challenge it, do so with respect. The real objective of the NAMI message board is to promote discussion and understanding, not to convince others that your opinion is “right.” Name calling, insults, and personal attacks are not appropriate and will not be tolerated. NAMI will remove these posts immediately upon notice.
4. NAMI promotes privacy and encourages participants to keep personal information such as address and telephone number from being posted. Similarly, do not ask for personal information from other participants. Message board posts that request participants submit personal information to another party will be removed immediately upon notice unless these posts have been pre-approved by NAMI staff. This includes, but is not limited to, communications that ask for telephone, address, e-mail, surveys and research studies.
5. Participants should be aware that the opinions, beliefs and statements posted in this forum do not necessarily represent the opinions and beliefs of NAMI. Participants also agree that NAMI is not to be held liable for any loss or injury caused, in whole or in part, by sponsorship of this message board. Participants also agree that NAMI reserves the right to report any suspicions of harm to self or others as evidenced by participant posts.
6. Posting off-topic messages to discussion groups will result in removal of and the possible suspension of posting privileges.
7. NAMI members or staff who post non-public information on public areas of the site or off-topic messages in member-only discussion areas may have their posting privileges suspended and will be subject to appropriate corrective action.
Conduct
In addition to any other restrictions or conditions of use, you hereby acknowledge, and represent and warrant, that your use of the Website, including any prayer requests or submissions – will not be, or alleged to be:
- unlawful, unauthorized, fraudulent or malicious in purpose;
- false, offensive, abusive, libelous, hateful, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, pornographic;
- an invasion another’s right of privacy or publicity;
In addition, you agree you will not:
- license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Website or Content or in any way;
- modify or make derivative works based upon the Website or Content;
- create Internet “links” to the Service or “frame” or “mirror”the Website on any other server or wireless or Internet-based device;
- reverse engineer or access the Website in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Website;
- launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the services or Website;
- interfere with or disrupt the integrity or performance of the Website or the data contained therein, or attempt to gain unauthorized access to the Website or its related systems or networks.
NAMI will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. You acknowledge that NAMI has no obligation to monitor your access to or use of the Website, but has the right to do so for the purpose of operating the Website and providing the Content, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
User Content Submissions
NAMI encourages you and other users to contribute content to this Website including, without limitation, videos and textual narratives that share your stories of hope for people with mental illness and associated comments thereto (“User Content”). NAMI reserves the right to review and edit or delete any such User Content. When you view User Content and comments submitted by other users, keep in mind that such User Content may not necessarily represent your own view or the view of NAMI. While NAMI encourages User Content that is supportive and helpful, through your use of the Services, you may be exposed to User Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. You assume all associated risks.
Your User Content
You understand that when you submit User Content, you are granting NAMI a license to display the User Content on the Website, in connection with our services, or otherwise as set forth in these Terms of Use, and, whether or not your User Content is published on the Website, NAMI guarantees no confidentiality or anonymity with respect to your User Content. While you don ‘t have to include your name, your likeness, or any other specific information in the User Content you submit, if your video or other User Content conveys your name, your likeness, (or other identifying information in the background of your video) you understand and agree that this information may be displayed on the NAMI Website along with your User Content. Accordingly, please review your User Content carefully prior to submission to ensure it contains no information that you are not comfortable sharing. If your User Content is a video, you can disable access to that User Content by deleting it from your YouTube account. If you your User Content is a textual narrative or other form of User Content, you can disable access to that User Content by contacting NAMI via email at [email protected] with a written request to disable access to your User Content, including sufficient details in your request for NAMI to identify and disable such User Content. You retain all ownership rights in the User Content you submit. However, by submitting your User Content to the NAMI Website, you grant NAMI a worldwide, perpetual, irrevocable non-exclusive, royalty-free, sub-licensable through multiple tiers, and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform, commercialize, and otherwise exercise all rights in and to the User Content in any media formats and through any media channels now known or hereinafter invented or discovered for any purpose consistent with the mission and vision of NAMI. Such license includes all rights and permissions to reproduce your likeness, name and any other personal information that you choose to submit as a part of the User Content. You also grant each user of the Website or our services a non-exclusive license to access your User Content, and to use, reproduce, distribute, display, link to and perform such User Content as permitted under these Terms of Use. NAMI reserves the right to monitor User Content and to remove or decline to post any User Content at any time, for any reason (or for no reason), without notice and at its sole discretion, including, without limitation, if it determines that User Content is inappropriate or fails to comply with these Terms. NAMI has no responsibility for the backup of any of any User Content or any lost data resulting from the use, operation or discontinuation of any aspect of the Services.
Submitted Materials
NAMI does not wish to receive any confidential, proprietary, or trade secret information from you via the Website (including via contact email made available on the Website). Accordingly, if you send NAMI any information or creative works including, without limitation, idea submissions, suggestions, business plans, concepts or demos in any media including photographs, graphics, audiovisual media or other material (“Submitted Material”) you grant NAMI a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferrable, assignable, and sub-licensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, create collective works from, and distribute, perform, display, license and sublicense (through multiple levels) the Submitted Material in any media now known or hereinafter invented, including for commercial purposes. If you send NAMI any Submitted Material you also warrant that the Submitted Material is not confidential or secret and that the Submitted Material is owned entirely by you. If you send NAMI any Submitted Material you warrant that you have all rights necessary (including rights of privacy and rights of publicity) to authorize NAMI to use Submitted Material as permitted by the license in this Section.
Extended Profile Content And Image Submissions
You understand that when you submit Extended Profile content or images, you are granting NAMI a license to display the content or image in connection with the Services or otherwise as set forth in these Terms of Use. By submitting your content to the NAMI website, you grant NAMI a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sub-licensable through multiple tiers, and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform, commercialize, and otherwise exercise all rights in and to the content in any media formats and through any media channels now known or hereinafter invented or discovered for any purpose consistent with the mission and vision of NAMI. Such license includes all rights and permissions to reproduce your likeness, name and any other personal information that you choose to submit as a part of the content. You also grant each user of the Services a non-exclusive license to access your content through the Service, and to use, reproduce, distribute, display, link to and perform such content as permitted through the functionality of the Services and under these Terms of Use. NAMI reserves the right to monitor content and to remove or decline to post any content at any time, for any reason (or for no reason), without notice and at its sole discretion, including, without limitation, if it determines that content is inappropriate or fails to comply with these Terms. NAMI has no responsibility for the backup of any of any content or any lost data resulting from the use, operation or discontinuation of any aspect of the Services.
You also warrant that the content, including images, is not confidential or secret and that the content or image is owned entirely by you. You warrant that you have all rights necessary (including rights of privacy and rights of publicity) to authorize NAMI to use content and images as permitted by the license in this Section.
Extended Profile Content Disclaimer
You understand that content included in the Extended Profile are not necessarily those of NAMI or endorsed by NAMI. You agree that you will hold harmless NAMI and its officers, directors, employees and volunteers from all claims arising out of or related to your access or use of, or your inability to access or use, an extended profile page. You also agree that NAMI or the contributors of information to the extended profile page shall NOT be liable to you or anyone else for any decision made or action taken by you in reliance on information provided on the NAMI Web site or for any consequential, special or similar damages, even if advised of the possibility of such damages.
Payments And Payments Processing; Rules For All Payments
You can make an online donation to NAMI. NAMI has engaged the services of third party payment service provider(s) to process all donation/payment transactions. NAMI is not affiliated with any such third party payment service provider(s), and neither is the agent or employee of the other, and NAMI is not responsible in any way for the actions or performance (or lack thereof) of such third party payment service provider(s). Accordingly, NAMI expressly disclaims responsibility and liability for all payment processor services, and you hereby agree that NAMI shall not be responsible for any loss or damage of any sort incurred as a result of such services. Additionally, since such third party payment service provider(s) will have access to the information you provide to them when making a donation, you should not make a donation if you are not comfortable with sharing your information with these third parties.
You hereby acknowledge and agree that, for all donations, (1) you will not use an invalid or unauthorized credit or debit card or other payment method; (2) all donations are final and non-refundable. If you have any questions regarding any donation, please contact us by phone at 1-888-999-6264 or by email at [email protected].
Organizing Events/Fundraising
We allow you to organize and run fundraising events. In order to do so, you must register online, complete an application, and adhere to a variety of requirements, rules and standards. While we make good-faith efforts to support you in your effort to organize and run an NAMI event, we do not guarantee that you will be able to do so, nor do we make any assurances as to the success of such event.
Links Disclaimer
NAMI includes links on its Website as a convenience to visitors. Inclusion as a link on the NAMI Website is bound by the criteria and policies contained in this document.
NAMI assumes no responsibility for the content, claims, representations, or accuracy of the material contained in the Web link sites. NAMI does not endorse the content of the sites or the organizations sponsoring the website.
NAMI does not accept payment for links from the NAMI Website, other than paid sponsorship of the Web site by non-vested interests.
Oversight of the content of the NAMI Website and application of all policies is the responsibility of the Website Management Committee.
Page Editors who wish to include links will comply with all NAMI policies and criteria.
NAMI reserves the right to eliminate any link, with or without cause.
All linked sites must provide information of potential interest and use to NAMI members.
All linked sites are encouraged to provide a reciprocal link to the NAMI Website home page at www.nami.org.
Any individual or organization requesting a link from the NAMI Website must submit a formal application for consideration and agree to the terms and conditions contained therein.
Individuals or organizations submitting a formal application will be subject to the following criteria:
An automated expiration date 12 months from first posting and annually thereafter;
- Authors/owners will be automatically notified when expiration is approaching and asked to reapply; and failure to reapply may result in the discontinuance of the link.
- Sites created by individuals must meet the following minimum conditions to be considered for a link from NAMI:
- The author/creator is a NAMI member;
- References and sources for all content are listed clearly, and all relevant copyright information is noted;
- Website ownership is prominently and fully disclosed, as is any sponsorship, advertising, underwriting, commercial funding arrangements, supports, or potential conflicts of interest; and
- Dates that contents are posted and updated are indicated.
Linking Constituencies
All linked sites must adhere to the criteria outlined above and fall into at least one of these categories:
State Organizations: All chartered NAMI state organizations may have a link on the NAMI Web site and are not required to submit formal application.
Local Affiliates: All local NAMI affiliates in good standing may have a link on the NAMI Web site and are not required to submit formal application.
Supporting Organizations: NAMI has several supporting organizations and thematic centers of activity whose purposes support the mission of NAMI. These organizations may have a link on the NAMI Web site and are not required to submit formal application.
Funders: NAMI is grateful to the many individuals, foundations, corporations and organizations that support us financially. These organizations may have a link on the NAMI Web site. NAMI also accepts paid sponsorship of the Web site by non-vested interest organizations.
Links to vested interest organizations must be to public education Web pages and not to product promotion sites.
Colleague Organizations: NAMI works with numerous national organizations on issues related to mental illness and disability rights. Organizations with which NAMI has worked or now works may have a link on the NAMI Web site.
NAMI will not link to individual service or treatment providers, but may link to national or umbrella organizations of providers.
State and Federal Offices: NAMI may link to any state or federal site whose functions may be of assistance or interest to NAMI members. State and federal offices are not required to provide reciprocal links to the NAMI site and are not required to submit a formal application for consideration as a link.
Other Related Sites: NAMI may link to other, related sites whose content, in the judgment of the NAMI Web site Management Committee, may be of interest or use to NAMI members.
Age Restriction
The public areas of NAMI.org (i.e. those areas accessible without signing in to the site) are accessible to all users, regardless of age. However, areas that require sign in prior to access are restricted to users 13 years of age and older. Persons under 13 years of age are prohibited from registering for access to, or signing in to these areas. NAMI shall not be held liable for consequences resulting from persons under 13 years of age registering for access to or signing in to the Website. If you are the parent or guardian and you have learned or suspect that your child has provided us personal information, please contact us at [email protected] and provide us with the name and email address that was used and we will promptly delete such information.
Disclaimer Of Warranty
Health Care Disclaimer
THE CONTENT AND TREATMENT RESOURCES OFFERED ON THE WEBSITE IS INTENDED TO EDUCATE USERS ON HEALTH CARE AND MEDICAL ISSUES RELATED TO ENDOMETRIOSIS. NOTHING IN THE CONTENT OR TREATMENT RESOURCES SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. YOU HEREBY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT THIS WEBSITE SITE AND ITS CONTENT AND TREATMENT RESOURCES DO NOT CONSTITUTE THE PRACTICE OF ANY MEDICAL, NURSING OR OTHER PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS OR TREATMENT. YOU SHOULD ALWAYS TALK TO YOUR HEALTH CARE PROVIDER FOR SPECIFIC GUIDELINES AND INSTRUCTIONS, INCLUDING THOSE RELATED TO DIAGNOSIS AND TREATMENT OF MEDICAL CONDITIONS. IN PROVIDING THE CONTENT AND TREATMENT RESOURCES – AND OFFERING ANY RELATED PRODUCTS OR SERVICES – WE ARE IN NO WAY REPRESENTING OR WARRANTING THAT SUCH INFORMATION, CONTENT AND TREATMENT RESOURCES IS APPLICABLE OR APPROPRIATE FOR YOUR NEEDS AND/OR CONDITION, OR THAT ANY PARTICULAR SERVICE OR PRODUCT IS SAFE, APPROPRIATE OR EFFECTIVE FOR YOU. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM OR CONDITION, PLEASE CONTACT A QUALIFIED HEALTH CARE PROFESSIONAL IMMEDIATELY. IF YOU ARE IN THE UNITED STATES AND ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL 911 OR CALL FOR EMERGENCY MEDICAL HELP ON THE NEAREST TELEPHONE.
General Disclaimer
The information, treatment resources and Content contained on this Website has been prepared by NAMI as a convenience to its users and is not intended to constitute medical advice or recommendations upon which a user may rely. NAMI has used reasonable efforts in collecting, preparing and providing such information, resources, treatment resources and Content, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the information, resources, services and content contained in or linked to this Website or any other Website maintained by NAMI.
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. ALL INFORMATION, TREATEMENT RESOURCES, AND CONTENT ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, AND NAMI EXPRESSLY disclaims all warranties and conditions with respect to the WEBSITE AND ALL ELEMENTS THEREOF, whether implied, express, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title, noninfringement of third-party rights, SATISFACTORY QUALITY, quiet enjoyment and accuracy. NAMI MAKES NO WARRANTY THAT THE WEBSITE, TREATMENT RESOURCES AND CONTENT, USER CONTENT, EXTENDED PROFILE CONTENT OR ANY OTHER INFORMATION IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.
Limitation Of Liability
In addition to the above warranty disclaimers, YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL NAMI AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND VOLUNTEERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF INCOME, LOSS OF GOODWILL OR REPUTATION, DAMAGE TO OR CORRUPTION OF DATA, OR PERSONAL INJURY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR MEDICAL MALPRACTICE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THE WEBSITE (OR INABILITY TO USE THE WEBSITE), INFORMATION, TREATMENT RESOURCES AND CONTENT CONTAINED IN OR ACCESSED THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM NAMI, EVEN IF NAMI HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE NAMI AND ITS AFFILIATES DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Indemnity
You agree to defend, indemnify, and hold harmless NAMI and affiliates and all of their respective employees, funders, parents, subsidiaries, joint ventures, affiliates, agents, developers, directors, officers and attorneys from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from i) any breach or alleged breach by you of these Terms of Use, or ii) any act or omission related to your use of this Website or Content, or iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right, or iv) any NAMI event that you may organize or otherwise participate in.
Term And Termination
This Terms of Use and your right to use the NAMI Website will take effect at the moment you access the NAMI Website, and is effective, binding and enforceable for as long as use the Website. In addition, NAMI reserves all of its legal rights to pursue any and all legal remedies if we believe you are using the Website for fraudulent or unlawful activity or you are taking any actions or omissions that violate any term or condition of these Terms of Use, or in order to protect its name and goodwill, its business, and/or other users. All provisions of these Terms of Use that by their nature our intended to survive termination will so survive and remain binding and effective – such provisions include, but are not limited to the miscellaneous section below, the provisions concerning NAMI’s proprietary rights, indemnity, disclaimers of warranty, limitation of liability, and governing law.
Jurisdiction; No Class Action
This Website (excluding linked sites) is controlled by NAMI, which is headquartered in the Commonwealth of Virginia, in the United States of America. It can be accessed from all 50 states, as well as from other locations around the world. Each of these locations have laws that may differ from those of Virginia. Therefore, by accessing this Website both you and NAMI agree that the statutes and laws of the Commonwealth of Virginia, without regard to principles of conflicts of law in Virginia or elsewhere, shall apply to all matters arising from or relating to use of this Web site. You and NAMI also agree and hereby submit to the exclusive personal jurisdiction and venue of the state and/or federal courts located closest in proximity to the NAMI National Office in Arlington, Virginia should any matter arise related to NAMI.
YOU AND NAMI AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR NAMI WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR NAMI ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND NAMI FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, NAMI, AND ALL PARTIES TO ANY SUCH PROCEEDING.
Miscellaneous
This Terms of Use constitutes the entire agreement between you and NAMI and governs your use of the Website, superseding any prior agreements between you and NAMI. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of NAMI. Any purported assignment or delegation by you without the appropriate prior written consent of NAMI will be null and void. We may assign these Terms of Use or any rights hereunder without your consent. Failure by NAMI to insist on strict performance of any of the terms and conditions of these Terms of Use will not operate as a waiver by NAMI of that or any subsequent default or failure of performance. The Website are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject NAMI to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Website or any portion of the Website, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the service or other features that the Website provides. If any provision (or part thereof) contained in these Terms of Use is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein and the illegal, invalid, or unenforceable clause shall be modified in compliance with applicable law in a manner that most closely matches the intent of the original language. No joint venture, partnership, employment, or agency relationship exists between you and NAMI as result of these Terms of Use or your utilization of the NAMI Website. Headings herein are for convenience only.
Terms of Use: Last updated September 30, 2020.