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RONALD LEE MD PSYCHIATRIST FOR ALL MA RESIDENTS

TERMS AND CONDITIONS OF USE FOR LUMINOUS VITALITY BEHAVIORAL HEALTH WEBSITES

By accessing or using any of the Luminous Vitality Behavioral Health Internet properties including, without limitation, list serves, social media sites (i.e., twitter, facebook, linkedin), or any other electronic means of communication or information exchange, now in existence or which come into existence in the future you agree to comply with and be bound by these Terms and Conditions of Use ("Terms of Use"). Please read these Terms of Use carefully as well as Privacy Policy which is incorporated herein by reference. If you do not agree to these Terms of Use and the Privacy Policy, you may not access or use the website.

You may print or save a copy (PDF) of these Terms of Use for your records.

  1. License Grant. You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the LVBH website conditioned on your continued acceptance of, and compliance with, these Terms of Use. You may use the LVBH website and the LVBH content (as defined below) for your noncommercial personal use and for no other purpose. LVBH reserves the right to bar, restrict or suspend any user's access to the LVBH website, and/or to terminate this license at any time for any reason. LVBH reserves any rights not explicitly granted in these Terms of Use.
  2. License Restrictions. Unless otherwise expressly stated in these Terms of Use or unless you receive LVBH's prior written consent, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), the LVBH website, any LVBH content (as defined below), or any portion thereof. Further, you may not (i) use the LVBH website for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to the LVBH website, including LVBH content; (ii) interfere with the proper working of the LVBH website including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, or other limiting routine, instruction or design; or (iii) interfere with any other person's use and enjoyment of the LVBH website.
  3. Your Acceptance; Revisions to Terms of Use. The LVBH website are available only to individuals who can enter into legally binding contracts under applicable law. These Terms of Use constitute a legally binding agreement between you and the LVBH regarding your use and access to the LVBH website. By accessing or using the LVBH website you agree to the Terms of Use. LVBH reserves the right to revise these Terms of Use at any time in its sole discretion, and without specific notice to you, by posting revised Terms of Use to the LVBH website. Your use after such change signifies your acceptance of all the terms and conditions contained within the Terms of Use effective at that time. You will be responsible for regularly reviewing these Terms of Use for updates and/or changes.
  4. LVBH Policies; Additional Terms and Conditions. LVBH's Privacy Policy, as well as other additional terms and conditions applicable to certain portions of the LVBH website (collectively "Additional Terms and Conditions'') are incorporated herein by reference. To the extent that there is a conflict between these Terms of Use and any Additional Terms and Conditions for the activity in which you choose to participate, the Additional Terms and Conditions shall govern.
  5. Click-Through Agreements. Before using certain areas of the LVBH website you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked "I Accept" or "I Agree" or "Okay." To the extent there is a conflict between these Terms of Use and any Click Through Agreement for the activity in which you choose to participate, the Click Through Agreement will govern.
  6. Personal Login Information. Certain features and areas of the LVBH website are available only with registration, login and/or a paid subscription. If you are required to register and select a unique login and password ("Personal Login Information"), you must keep your Personal Login Information confidential. Your Personal Login Information is personal to you and you may not allow any third party to use it under any circumstances. LVBH is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact LVBH immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns.
  7. Privacy Policy. For information about LVBH's data protection practices and LVBH's use and protection of your personal information, please read LVBH's Privacy Policy which is incorporated into and made a part of these Terms of Use.
  8. User Obligations. You warrant that you will abide by all applicable local, state, national and international laws and regulations with respect to your use of the LVBH website and not interfere with the use and enjoyment of the LVBH website by other users or with LVBH's operation and management of the LVBH website. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the LVBH website, including, without limitation, information required to be provided through an LVBH Website registration form. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, LVBH reserves the right to terminate your access and use of the LVBH website. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the LVBH website, or defame or otherwise harm any party, including LVBH, through your use of the LVBH website.
  9. User Generated Content. The LVBH does not claim ownership of content that you post on or through the LVBH website, such as comments or posts that you submit on forums, blogs, listservs, or other electronic means of communication ("User-Generated Content"). When submitting User-Generated Content, you will abide by the Code of Conduct which is incorporated herein by reference. You also acknowledge that you alone are fully responsible for the User-Generated Content you submit and that you own or have the rights to use the User-Generated Content. You agree that by submitting the User-Generated Content, you hereby grant to the LVBH a perpetual, non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use, download, duplicate, display, distribute, modify and creative derivative works of the User-Generated Content, subject to the LVBH's Privacy Policy.
  10. Proprietary Rights. The content of the LVBH website includes, without limitation, (i) LVBH's trademarks, service marks, seal, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively "LVBH Marks''); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the LVBH website (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as "LVBH content"). LVBH content is the property of the LVBH, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any LVBH content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from the LVBH or the owner of such content if the LVBH is not the owner. Any use of the LVBH Marks without LVBH's express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in the LVBH content, including any such notices appearing on any LVBH content you are permitted to download, transmit, display, print, or reproduce from the LVBH website.
  11. Responsibility for Use of the Internet and LVBH website. Use of the Internet and the LVBH website is solely at your risk and is subject to all applicable local, state, national and international laws and regulations. LVBH does not guarantee the confidentiality or security of any communication or other material transmitted to or from the LVBH website over the Internet or other communication network. LVBH shall not be obligated to correct or update the LVBH website or the LVBH content and LVBH shall not be liable for omissions, typographical errors, or out-of-date information which may appear on the LVBH website.
  12. Medical Disclaimer. The information available on and through the LVBH's 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 has been obtained from sources believed to be accurate and reliable. However, LVBH makes no warranty as to the accuracy, reliability or completeness of this information. Should you have any health, medical or disability questions or concerns, please consult a physician or other health care professional. Information accessed on or through LVBH's website is neither complete nor exhaustive and does not cover all disabilities, diseases, illnesses and physical conditions or their management or treatment. Information accessed on and through LVBH's website is provided "AS IS '' and without warranty, express or implied, including, but not limited to, any implied warranty of merchantability or of fitness for a particular purpose. The information provided on the LVBH website is provided for general information only.
  13. Patient Information. The LVBH website, including any public forums which you may access via the LVBH website, may contain confidential patient information ("Patient Information"). State and federal laws, as well as ethical and licensure requirements, may impose obligations with respect to patient confidentiality that may limit your ability to receive, disclose, or make use of Patient Information, including transmitting Patient Information to others. You warrant that you will comply with all laws that may directly or indirectly govern your retrieval, use, transmission, processing, receipt, reporting, disclosure, or storage of Patient Information. You are solely responsible for obtaining and maintaining any patient consents, if applicable, and all other consents or permissions required by law or advisable with respect to your retrieval, use, transmission, processing, receipt, reporting, disclosure or storage of Patient Information. You shall be solely responsible for your retrieval, use or misuse, transmission, processing, receipt, reporting, disclosure or storage of Patient Information.
  14. Third-Party Information. The LVBH website may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers or other information made available by third parties such as content providers and other users of the LVBH website are those of the respective third party and not of LVBH or its affiliates. LVBH makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third-party materials, information, services or products. Comments posted in the blog section of the LVBH website do not necessarily reflect the position of the LVBH or any of its subsidiaries or related organizations.
  15. Links to Third Party websites. The LVBH website may provide links (including any link through an on-line banner advertisement) to other sites on the Internet for your convenience. These other sites are maintained by third parties over which LVBH exercises no control. The appearance of any such third-party links is not intended to endorse any particular company or product. If you decide to access any of the third-party sites linked to the LVBH website, you do so entirely at your own risk. The LVBH shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on the LVBH website. Further, the LVBH shall not be responsible or liable for the statements or conduct of any third party advertisers appearing on the LVBH website. You shall be solely responsible for any correspondence or transactions you have with any third party advertisers.
  16. Links to LVBH website and LVBH content. Links posted by third parties to the LVBH website and/or LVBH content may not use the LVBH trademark or logo and shall not suggest that LVBH promotes or otherwise endorses any third-party products, business relationships, services, causes, campaigns, websites, content, or information. Any links to any portion of the LVBH website shall be the responsibility of the linking party. LVBH reserves the right to require any linking party to disable or remove any link that violates LVBH's rights or causes interruption or deterioration of LVBH content.
  17. Warranties Disclaimed. THE LVBH website AND LVBH content ARE PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER LVBH, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, OR TRUSTEES NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY "LVBH PARTIES") PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i) THE LVBH website OR LVBH content, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (ii) ACCESS TO THE LVBH website WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE LVBH website WILL MEET YOUR EXPECTATIONS; OR (iv) LVBH content WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE LVBH website. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON INFRINGEMENT OF INTELLECTUAL PROPERTY.
  18. Limitation of Liability. THE LVBH PARTIES SHALL NOT BE LIABLE, AND DISCLAIM ANY LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING (i) OUT OF THE USE OF OR INABILITY TO USE THE LVBH website AND/OR ANY LVBH content; (ii) FROM ANY INTERRUPTION IN THE AVAILABILITY OF THE LVBH website AND/OR LVBH content; (iii) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (iv) OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT AND/OR SERVICES PURCHASED OR OBTAINED FROM THE LVBH website, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE LVBH website; (v) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE LVBH website; (vii) FROM ANY DELAY OR FAILURE OF THE LVBH website ARISING OUT OF CAUSES BEYOND LVBH'S CONTROL; (viii) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, THE LVBH content; (ix) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE LVBH website (x) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES OR MATERIALS PROVIDED BY OR ADVERTISED ON THIRD-PARTY websites; OR (xi) OUT OF ANY OTHER MATTER RELATING TO THE LVBH website OR LVBH content. In the event you are dissatisfied with, or dispute, these Terms of Use, the LVBH website and/or the LVBH content, your sole right and exclusive remedy is to terminate your use of the LVBH website, even if that right or remedy is deemed to fail of its essential purpose. You confirm that LVBH has no other obligation, liablity or responsibility to you or any other party.
  19. Exclusions permitted by law. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 17 AND 18 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND LVBH'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
  20. Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless the LVBH Parties from and against all claims arising from or in any way related to your use of the LVBH website and/or LVBH content, a violation by you of these Terms of Use, or any other actions connected with your use of the LVBH website and/or LVBH content, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys fees. LVBH will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to the LVBH Parties other than under this Section.
  21. Term and Termination. These Terms of Use will take effect at the time you begin accessing the LVBH website. LVBH reserves the right, with or without notice, at any time and for any reason to deny you access to the LVBH website or to any portion thereof, and to terminate these Terms of Use. These Terms of Use will terminate automatically if you fail to comply with the terms set forth herein. You may terminate these Terms of Use at any time by ceasing to use the LVBH Website, but all applicable provisions of these Terms of Use will survive such termination. Upon termination, you must destroy all copies of any portion of the LVBH website, including any LVBH content, in your possession.
  22. Arbitration; Venue. Any controversy or claim you have arising out of or relating to these Terms of Use shall be brought solely by you as an individual and not as part of, or as a representative of, a class. To the fullest extent permitted by law, any controversy or claim you have shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes. The arbitration shall be held in the District of Columbia. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator's award shall be final and binding. The courts of the District of Columbia shall have exclusive jurisdiction and venue over (i) any action concerning the enforcement of an arbitration award, or (ii) if arbitration is not permitted by law, then any controversy or claim you have arising out of or relating to these Terms of Use. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OF USE. LVBH reserves all rights and remedies available to it, in law or equity, with respect to any matter relating to these Terms of Use.
  23. Governing Law. These Terms of Use and all matters regarding your use of the LVBH website shall be governed by, construed in accordance with, and enforced under the laws of the District of Columbia applicable to contracts made and executed and wholly performed in the District of Columbia, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods apply and their applicability is expressly excluded. Printed copies of any and all agreements and/or notices in electronic form shall be admissible in any legal, investigative or regulatory proceedings.
  24. Waiver and Severability. The failure of LVBH to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.
  25. Click-through Agreement, constitutes the entire agreement between you and the LVBH relating to the LVBH website and its use by you, and supersedes any previous written or oral communication regarding use of the LVBH website. The LVBH website is intended to be consistent with and in furtherance of the LVBH's policies adopted by the LVBH Board of Trustees.
  26. Contact Information. If you have any questions or concerns regarding these Terms of Use or the LVBH website, please visit our "Contact Us" page.
  27. Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the LVBH website must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
  28. Use of LVBH website and LVBH content outside of the United States. LVBH makes no claims regarding access or use of the LVBH website or the LVBH content outside of the United States. If you use or access the LVBH website or the LVBH content outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms of Use.
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