Last updated: January 4, 2019
Psy Therapeutics, Inc. (collectively, “Psy Therapeutics,” “we,” “us,” or “our”) owns or licenses all right, title and interest in and to the website located at https://www.psythx.com (the “Website”). We have established the following terms and conditions (the “Agreement”) with which you must comply when you access and view the Website. All references to “you” or “your” refer to you and the entity on behalf of which you access or view the Website.
BY ACCESSING AND VIEWING THE WEBSITE, YOU AGREE TO THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. YOU AFFIRM THAT YOU ARE FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS AGREEMENT, AND TO ABIDE BY AND COMPLY WITH THIS AGREEMENT, AND YOU HEREBY ACCEPT THIS AGREEMENT WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT ACCESS OR VIEW THE WEBSITE.
- GENERAL DISCLAIMERS
ALL MATERIALS AND ANY OTHER CONTENT AVAILABLE ON OR THROUGH THE WEBSITE ARE INTENDED SOLELY AS A GENERAL EDUCATIONAL AID AND ARE NOT INTENDED AS MEDICAL OR HEALTH CARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. THE CONTENT AVAILABLE ON OR THROUGH THE WEBSITE IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTH CARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER REGARDING ANY MEDICAL CONDITION OR BEFORE UNDERTAKING ANY TREATMENT OR COURSE OF ACTION.
WE ADVISE USERS TO ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS REGARDING PERSONAL HEALTH OR MEDICAL CONDITIONS. NEVER DISREGARD, AVOID OR DELAY IN OBTAINING MEDICAL ADVICE FROM YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER BECAUSE OF SOMETHING YOU HAVE READ ON THIS WEBSITE. 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.
- MODIFICATIONS TO THIS AGREEMENT
From time to time, Psy Therapeutics may without advance notice: (a) supplement or make changes to this Agreement and other rules, access and use procedures, documentation, security procedures and standards for equipment related to the Website or (b) add, modify or remove any content from the Website. All changes to the Agreement will be posted on this page and are effective as of the date they are posted. Accordingly, you should periodically visit this page to review the terms of this Agreement. Your access and viewing of the Website after a modification to this Agreement constitutes your acceptance of the modification.
- Psy Therapeutics and its licensors own all information, text, reports, analyses, data, graphics, files, documents, images, sound recordings, audio and visual clips, interactive features, photographs, programs, applications, software, scripts and any other content that you may access and view on the Website, as well as the collection, design, production, selection, layout, function, arrangement and “look and feel” thereof (collectively, the “Psy Therapeutics Material”). We may incorporate third party software as part of the Website, and all such third party software is subject to additional terms provided by the third party licensor. The names, trademarks, logos, slogans and taglines appearing on the Website (collectively, the “Trademarks”) are owned by or licensed to Psy Therapeutics and, if licensed, are used with permission of the owner. The Trademarks and Psy Therapeutics Material are protected by trademark, copyright and other intellectual property laws. Psy Therapeutics requires you to respect the intellectual property rights that we and our third party licensors have in the Psy Therapeutics Material and in the Trademarks, as the case may be.
- You acknowledge and agree that any questions, comments, ideas, feedback or other information provided by you to Psy Therapeutics (“Feedback”) are not confidential and that Psy Therapeutics may reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Feedback as it deems appropriate, for any and all commercial or non-commercial purposes, in its sole discretion. If you suggest any new features and/or functionality for the Website that Psy Therapeutics subsequently incorporates into the Website (or any other website, product or service of Psy Therapeutics), you further acknowledge that (i) Psy Therapeutics shall own, and has all rights to use, such suggestions, and the Website (or any other website, product or service of Psy Therapeutics) incorporating such new features and/or functionality shall be the sole and exclusive property of Psy Therapeutics and (ii) all such suggestions shall be free from any confidentiality restrictions that might otherwise be imposed upon Psy Therapeutics.
- YOUR LICENSE
Psy Therapeutics hereby grants you a limited, non-exclusive, revocable, non-transferable license to access and view the Website in accordance with the terms of this Agreement. This license does not give you any ownership or intellectual property interest in any Psy Therapeutics Material or the Trademarks. Other than as required to facilitate your permissible use, you may not reproduce, perform, publicly display, embed, create derivative works of, republish, upload, post, retransmit or redistribute in any way whatsoever any Psy Therapeutics Material. All rights not expressly granted to you under this Agreement are reserved by Psy Therapeutics.
- USER INFORMATION
You grant to Psy Therapeutics a non-exclusive license to copy, use and display any and all data, information or communications (including personally identifiable data) sent or entered by you while accessing the Website (“User Information”) solely to the extent necessary for Psy Therapeutics to operate the Website and to facilitate transactions initiated by you through the Website. You acknowledge that Psy Therapeutics exercises no control whatsoever over the content of the User Information and it is your sole responsibility, at your own expense, to provide the information, and to ensure that the information you transmit or receive complies with all applicable laws and regulations now in place or enacted in the future. Psy Therapeutics is under no obligation, however, to review User Information for accuracy, potential liability or for any other reason.
- DISCLAIMER OF WARRANTIES
THE WEBSITE and THE PSY THERAPEUTICS MATERIAL ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTIES OF ANY KIND. PSY THERAPEUTICS, ITS LICENSORS, AGENTS AND INDEPENDENT CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE WEBSITE AND PSY THERAPEUTICS MATERIAL, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF ACCURACY, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE.
PSY THERAPEUTICS MATERIAL MAY CONTAIN INACCURATE OR OUT-OF-DATE INFORMATION OR TYPOGRAPHICAL OR SPELLING ERRORS. PSY THERAPEUTICS reserves the right to correct any errors, inaccuracies, STALENESS or omissions in PSY THERAPEUTICS MATERIAL; however, PSY THERAPEUTICS undertakes no obligation to update, amend or clarify PSY THERAPEUTICS MATERIAL, except as required by law. No specified update or freshness date applied to the WEBSITE should be taken to indicate that all Content has been modified or updated. PSY THERAPEUTICS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING: (I) THE TRUTH, ACCURACY, COMPLETENESS, TIMELINESS, LEGALITY OR RELIABILITY OF ANY PSY THERAPEUTICS MATERIAL, (II) ANY OPINION, INFORMATION, ADVICE OR STATEMENT EXPRESSED BY PSY THERAPEUTICS ON THE WEBSITE OR (III) ANY RESULTS TO BE OBTAINED FROM USING PSY THERAPEUTICS’S PRODUCT OR SERVICE OFFERINGS PRESENTED ON THE WEBSITE OR RELYING ON THE PSY THERAPEUTICS MATERIAL.
THERAPEUTICS DOES NOT WARRANT THAT: (X) THE QUALITY OF ANY INFORMATION, PRODUCTS, SERVICES OR OTHER MATERIAL THAT YOU OBTAIN FROM PSY THERAPEUTICS WILL SATISFY YOUR REQUIREMENTS OR MEET YOUR EXPECTATIONS, (Y) THE WEBSITE WILL OPERATE UNINTERRUPTED AND ERROR-FREE OR (Z) THE WEBSITE WILL BE FREE OF VIRUSES, WORMS OR OTHER HARMFUL MATERIAL. YOU ASSUME THE RESPONSIBILITY TO TAKE ADEQUATE PRECAUTIONS AGAINST DAMAGES TO YOUR SYSTEMS OR OPERATIONS WHICH COULD BE CAUSED BY DEFECTS OR DEFICIENCIES IN THE WEBSITE. YOU SHALL IMPLEMENT AND TAKE RESPONSIBILITY FOR (1) BACKING UP ALL YOUR DATA AND (2) INSTITUTING APPROPRIATE REVIEW AND CONFIRMATION PROCEDURES TO VERIFY AND CONFIRM TRANSACTIONS THROUGH THE WEBSITE.
IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE ACCESSING AND VIEWING THE WEBSITE.
- LIMITATION OF LIABILITY
YOU ACKNOWLEDGE THAT YOU ARE ACCESSING AND VIEWING THE WEBSITE AND THE PSY THERAPEUTICS MATERIAL AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, PSY THERAPEUTICS SHALL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES IN ANY WAY ARISING FROM OR RELATING TO YOUR RELIANCE UPON, OR YOUR USE OF OR INABILITY TO ACCESS OR VIEW THE WEBSITE OR THE PSY THERAPEUTICS MATERIAL, WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PSY THERAPEUTICS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
PSY THERAPEUTICS ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY LOST DATA, LOST PROFITS, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, THE WEBSITE. PSY THERAPEUTICS IS NOT RESPONSIBLE OR LIABLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, MOBILE DEVICES, SOFTWARE OR FAILURE OF EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET, INCLUDING INJURY OR DAMAGE TO ANY COMPUTER OR MOBILE DEVICE RELATED TO OR RESULTING FROM THE WEBSITE.
You agree to defend, indemnify and hold harmless Psy Therapeutics and its affiliates, officers, directors, members, managers, employees, contractors, agents, advisors and independent contractors from and against any action, claim, demand, damages, costs or expenses (including attorneys’ fees and court costs) arising out of: (a) your access, viewing or use of the Website, (ii) any conduct by you that violates the terms of this Agreement, (iii) your infringement of the intellectual property rights of third parties or (iv) your failure to comply with any applicable laws and regulations.
- FORCE MAJEURE
Psy Therapeutics shall not be in default or otherwise liable for any delay in or failure of its performance under this Agreement where such delay or failure arises by reason of any Act of God, or any government or any governmental body, war, insurrection, acts of terrorism, the elements, strikes or labor disputes, or other similar or dissimilar causes beyond Psy Therapeutics’s control. Certain obligations may require the cooperation of third parties outside the control of Psy Therapeutics. In the event such third parties fail to cooperate in a manner that reasonably permits the performance of Psy Therapeutics’s obligations, such failures shall be considered as causes beyond the control of Psy Therapeutics and shall not be the basis for a determination that Psy Therapeutics is in breach of any of its obligations under this Agreement or is otherwise liable.
- GENERAL PROVISIONS
- Relationship Between the Parties. This Agreement shall not be construed as creating any agency, partnership, joint venture or other similar legal relationship between you and Psy Therapeutics; nor will either party hold itself out as an agent, partner or joint venture party of the other party.
- Waiver. No waiver shall be implied from conduct or failure to enforce rights. No waiver shall be effective unless in a writing signed by all parties to be bound thereto.
- Governing Law; Arbitration. This Agreement and all claims related to it, its execution or the performance of the parties under it, shall be construed and governed in all respects according to the internal laws of The Commonwealth of Massachusetts without regard to the conflict of law provisions thereof. You hereby waive any right to bring any claim against Psy Therapeutics in court (including any right to a trial by jury), except as provided by the rules of the arbitration forum in which a claim is filed. You waive any right you may have to start or participate in, and agree to opt out of, any class action against Psy Therapeutics arising from or relating to the Website or this Agreement. Any controversy or claim arising out of or relating to an alleged breach of this Agreement or the operation of this Website shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association before a single arbitrator. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Boston, Massachusetts and the language of such arbitration shall be English. Psy Therapeutics may seek any interim or preliminary relief from a court of competent jurisdiction in The Commonwealth of Massachusetts necessary to protect Psy Therapeutics’ rights or property pending the completion of arbitration. The arbitrator shall not have the authority, power or right to alter, change, amend, modify, add or subtract from any provision of this Agreement. The arbitrator shall have the power to issue mandatory orders and restraining orders in connection with the arbitration. The award rendered by the arbitrator shall be final and binding on the parties, and judgment may be entered thereon in any court of competent jurisdiction. Psy Therapeutics’ failure to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it or any other provision at a later time.
- Assignment. Psy Therapeutics may, at any time, in its sole discretion, and without notice to you, assign some or all of its rights and obligations under this Agreement. You may not assign your rights or delegate your duties under this Agreement without the prior written consent of Psy Therapeutics.
- Severability. If any provision of this Agreement is held invalid, illegal or unenforceable for any reason, such invalidity, illegality or unenforceability shall be deleted and shall not affect any other provision of this Agreement.
- CONTACT INFORMATION
If you have questions or concerns with respect to this Agreement, please contact Psy Therapeutics using one of the following options:
By e-mail: firstname.lastname@example.org
By mail: Psy Therapeutics, Inc.
28 Atlantic Ave. Suite 129
Boston, MA 02110