The Service does not provide medical or therapeutic advice. The Content (as more particularly defined below) is informational only and is not, and is not intended to be, a substitute for professional medical or therapeutic diagnosis, advice, or treatment. If you have any questions or concerns about your medical, emotional or mental status or condition, SEEK THE ADVICE OF A PHYSICIAN, LICENSED THERAPIST, OR OTHER QUALIFIED HEALTH CARE PROVIDER. IF YOU THINK YOU ARE EXPERIENCING A MEDICAL, EMOTIONAL OR MENTAL EMERGENCY, CALL YOUR HEALTH CARE PROVIDER OR 911 IMMEDIATELY.
The Service does not recommend or endorse any specific activities, tests, products, procedures, opinions or other information contained or portrayed in the Content for use by any particular user. You alone are responsible for your decision to use the Service or to access any particular Content. Reliance on any Content is therefore solely at your own risk. The Service does not guarantee any results.
You must register for a user account to use the Service. Registration requires you to create a username, password, and possess a valid email address. User accounts are not transferable and each registrant is responsible for all activity that occurs on his/her account. Users are prohibited from, and agree not to, sell, transfer, license or assign their login information and any associated user rights. Users are prohibited from, and agree not to, create an account for anyone other than himself or herself. No automated device may be used to create a User account.
You may terminate your user account at any time by uninstalling the software necessary to use the Service. The Service will continue to store the data associated with terminated user accounts (such as email addresses and login credentials) for backup and archival purposes, but such accounts will no longer be accessible to the user.
You can sign into your user account to see or delete any data associated with that account that We have stored, such as your email address, login credentials, or entries you have made to track your issues and progress.
Users are prohibited from using the Service for any illegal or unauthorized purpose(s) and agree to comply with all applicable laws, rules and regulations.
Users are prohibited from, and agree not to, interfere with the operation of the Service, and with any servers or networks connected with the Service, by any means whatsoever, including, without limitation, by transmitting any virus, spyware, malware or other malicious code or otherwise altering or interfering with the Service, the user interface, or appearance of the Service in a user's browser. Users are prohibited from any attempts to restrict another user from using or enjoying the Service.Violation and Enforcement; Termination of User Accounts
Users are responsible for maintaining the security and privacy of their own personal login information. Data created and entered into the Service by users is only as secure as the mobile devices used to transmit such data.Users should therefore use the security features on their mobile devices that are designed to maintain the privacy of data. If you believe your account security has been jeopardized, you must notify Us immediately so that your account information can be deactivated promptly. Without such notification, We will assume that you generated any communications received under your user account and password. You agree that you will not solicit, collect or use the login credentials of any other person.
Your email address, login credentials (username and password), and any information you enter into the Service during your use of activities and features are stored on the servers/data storage system of the Service.
If you send an email using the "communicate with your therapist" option, the email you generate is not accessible to or stored by the Service, and the history of such activity is not retained. Such outgoing emails and their content are stored by the email provider you use on your mobile device in accordance with such controls and policies that apply between you and that provider. Such email content will also be accessible to, and may be stored by, the recipient therapist. Emails you receive from your therapist in reply to those you initiate through the Service are received directly by your personal email account associated with your user account and are not transmitted via the Service.
We take reasonable steps to secure your personally identifiable information against unauthorized access or disclosure. However, you should be aware that no security method is guaranteed to protect information from hackers or human error. Further, the security features of your email provider and your mobile device, not the Service, secure emails you initiate through the Service using the "communicate with your therapist" option.
Emails you send using the "communicate with your therapist" option may contain health-related information and may therefore be subject to the privacy provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as amended, or by other federal or state legislation protecting the privacy of health-related information. These privacy laws, if applicable, apply solely to the recipient and, as the Service does not have the ability to access such email content, do not apply to the Service.
In addition to the information We treat as personally identifiable, the Service may collect certain non-personal information. Non-personal information is data in a form that does not permit its direct association with any specific individual. We may collect and use non-personal information to facilitate your access to and use of the service and help Us operate and improve the service.
When users access the Service, We may use logs files to help Us better understand how the Service is being used and to tell Us which Application Elements people are visiting and using. Information collected by log files may include Internet Protocol (IP) addresses, Internet service provider (ISP), device operating systems, date/time stamps, and similar anonymous user data. We use such non-personal information to understand and analyze trends among Our users, to administer the Service, and to learn about user behavior on the Service.
We do not allow advertising companies to collect data through Our service for ad targeting.
We may share non-personal (anonymous) information about Our users to an analytics service provider to better help Us understand the needs of Our users. We share such data in the aggregate only, and not in relation to any particular users.
We may also make both personally identifiable and non-personal information available to third parties in these limited circumstances: (1) with your express consent, (2) when We have a good faith belief it is required by law, (3) when We have a good faith belief it is necessary to protect Your rights or property, or (4) to any successor or purchaser in a merger, acquisition, liquidation, dissolution or sale of assets. Your consent will not be required or obtained for disclosure in these cases.
If you have any questions or concerns about Our privacy policies, please contact Us via email at: firstname.lastname@example.org
Or you may contact Us via regular mail at:
Simtek Searchlight Solutions LLC
4-2 Oakwood Village
Flanders, New Jersey 07836
The Service does not collect or use location-based information about users such as the real-time geographic location of your mobile device.
The Service does not contain links to other mobile applications or websites that are operated by third parties.
Your indemnification obligations apply without regard to the nature or scope of the underlying cause of action or theory of liability, whether based on warranty, contract, statute, tort (including negligence), or otherwise.
The Service has no control over users' mobile service or access, or the transmission media used when users access and use the Service. Accordingly We cannot and do not assume any liability for or relating to the delay, failure, or interruption of the Service due to such factors, or the corruption of any data transmitted in connection with your use of the Service. THE SERVICE IS PROVIDED ON AN "AS-IS" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, CORRECTINESS, OR TIMELINESS OF CONTENT, APPLICATION ELEMENTS, ACTIVITIES, OR INFORMATION PROVIDED ON OR THROUGH THE USE OF THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY LOSS OR DAMAGE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, LOSS OF PROFITS OR REVENUE, OR ANY LOSS OF DATA, GOOD-WILL, OR OTHER INTANGIBLE LOSS DIRECTLY OR INDIRECTLY RESULTING FROM OR RELATED TO (A) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS AND USE, THE SERVICE; (B) YOUR USE OF OR RELIANCE ON ANY CONTENT PROVIDED BY THE SERVICE; (C) ANY ACTION WE TAKE OR PERMIT LAW ENFORCEMENT AUTHORITIES TO TAKE REGARDING USERS OR USER ACCOUNTS; (D) THE PERFORMANCE OR INTERRUPTION OF PERFORMANCE OF THE SERVICE, INCLUDING ANY ERRORS OR OMISSIONS IN THE OPERATION OR PERFORMANCE OF THE SERVICE OR CORRUPTION OF DATA; (E) UNAUTHORIZED THIRD PARTY ACCESS TO, USE OR ALTERATION OF CONTENT OR USER CONTRIBUTIONS OR TRANSMISSIONS; AND (F) ANY DAMAGE TO A USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY RESULTING FROM UNAUTHORIZED ACCESS BY A THIRD PARTY, OR ANY VIRUS, BUG, TAMPERING, FRAUD, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER OR NETWORK FAILURE, OR ANY OTHER TECHNICAL MALFUNCTION. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THESE DISCLAIMERS AND LIMITATIONS APPLY EVEN IF SUCH DAMAGES ARE FORESEEABLE OR EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE BE LIABLE TO USERS OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY DUE TO DEATH OR PERSONAL INJURY RELATED TO THE USE OR MISUSE OF THE SERVICE.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED.
Any claim arising in connection with the use of the Service, the Content, or the Application Elements must be brought within one (1) year after the date the claim accrued.
If you believe that any Content on the Service infringes your copyright, you may request the removal of such Content (or user access to such Content) by writing to Our Copyright Agent (identified below) and providing that Copyright Agent with the following information:
Please address your complaint to:
Simtek Searchlight Solutions, LLC
4-2 Oakwood Village
Flanders, New Jersey 07836
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