iPromises Terms of Service

ELEMENTS BEHAVIORAL HEALTH

IPROMISES TERMS OF SERVICE

These Terms of Service (“Agreement”) govern your access to and use of the service(s) (“Service”) provided by Elements Behavioral Health (“Elements,” “we,” or “us”) through applications for use on the iPhone, iPad, iPod Touch, or other mobile platforms (each, a “Mobile Device”). PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICE. YOU MAY NOT ACCESS AND/OR USE THE SERVICE OR ACCEPT THIS AGREEMENT IF YOU ARE NOT 18 YEARS OF AGE OR OLDER.

Certain features of the Service may be subject to additional guidelines, terms, or rules, which will be posted in connection with such features.  All such additional terms, the Elements Privacy Policy [http://ipromises.org/about/ipromises-privacy-policy] (“Privacy Policy”), and the Elements End User License Agreement (“EULA”) [http://ipromises.org/ipromises-eula/] are hereby incorporated by reference into this Agreement. Elements licenses to you the Licensed Application (defined in the EULA) used in conjunction with this Service under the terms of the EULA.

  1. 1. Important Information and Disclaimers

1.1 THE INFORMATION AND FEATURES OF THE SERVICE ARE NOT PROVIDED AS MEDICAL ADVICE OR SUBSTANCE ABUSE TREATMENT AND ARE NOT INTENDED AS A SUBSTITUTE FOR THE ADVICE PROVIDED BY A HEALTHCARE OR SUBSTANCE ABUSE TREATMENT PROFESSIONAL. IF YOU WOULD LIKE TO QUIT USING ALCOHOL, DRUGS, OR OTHER CONTROLLED SUBSTANCES OR ARE SUFFERING FROM DEPRESSION, BIPOLAR DISORDER, OR OTHER PSYCHIATRIC ILLNESSES, PLEASE CONTACT A SUBSTANCE ABUSE TREATMENT OR  MENTAL HEALTH PROFESSIONAL.

1.2 MEETING INFORMATION POSTED BY USERS OF THE SERVICE, INCLUDING ANY GEOLOCATION INFORMATION, MAY CONTAIN INACCURACIES. YOU SHOULD CONFIRM THE ADDRESS AND TIME OF EACH MEETING BY CONTACTING THE LOCAL AA OFFICE, WHOSE CONTACT INFORMATION IS AVAILABLE AT [www.aa.org].

1.3 YOU SHOULD NOT RELY ON THE ADVICE OF OTHER USERS OF THE SERVICE. OTHER USERS OF THE SERVICE ARE NOT SUBSTANCE ABUSE TREATMENT OR MENTAL HEALTH PROFESSIONALS.

1.4 ANONYMITY IS THE FOUNDATION OF RECOVERY IN 12-STEP PROGRAMS. YOU AGREE TO TAKE REASONABLE PRECAUTIONS TO PROTECT THE ANONYMITY OF EACH FRIEND OR USER THAT YOU CONNECT TO THROUGH THE SERVICE, SUCH AS USING ONLY HIS OR HER FIRST NAME AND LAST INITIAL. YOU SHOULD PASSWORD-PROTECT AND ENABLE ANY FEATURE THAT ERASES DATA AFTER A NUMBER OF FAILED PASSWORD ATTEMPTS ON YOUR MOBILE DEVICE SO THAT UNAUTHORIZED USERS CANNOT ACCESS INFORMATION THROUGH THE SERVICE OR IN THE ASSOCIATED APPLICATION. CERTAIN OF YOUR ACTIVITIES ON THE SERVICE MAY BE VIEWABLE BY OTHER USERS, DEPENDING ON YOUR ACCOUNT SETTINGS, AS DESCRIBED IN THE PRIVACY POLICY.

1.5 ELEMENTS DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITIES OF THE USERS OF THE SERVICE NOR TO MONITOR ANY USE OF THE SERVICE. ELEMENTS DISCLAIMS ALL LIABILITY RELATING TO IDENTITY THEFT, MISUSE OF YOUR IDENTITY OR INFORMATION, OR ANY FALSE, MISLEADING, OR INACCURATE IDENTITIES OR INFORMATION PROVIDED BY OTHER USERS.

1.6 IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THIS AGREEMENT, ELEMENTS DISCLAIMS ALL LIABILITY AND LOSS IN CONNECTION WITH THE INACCURACY OF ANY MEETING INFORMATION, ADVICE PROVIDED BY USERS, OR LOSS OF ANONYMITY.

  1. 2. User Accounts. To use the Service, you must create a user account (“Account”) by registering through the Service, providing us with the information requested on the registration form, and accepting this Agreement. You will promptly update all Account information to keep it true, accurate, and complete. Should we suspect that any information you provide is not true, accurate, or complete, we have the right to suspend or terminate your use of the Service. When you register, we will ask you to provide a user name and password. You will be responsible for all activities that occur under your user name and password and therefore you agree to keep your password confidential. You agree to notify us immediately of any unauthorized use of your user name or password or if you believe that your password is no longer confidential. You will be responsible for any activities that occur under your Account until you terminate your Account in accordance with Section 7. We reserve the right to require you to alter your user name and/or password if we believe that your Account is no longer secure. You will not: (a) provide any false personal information as part of your Account information or on the Service; (b) create an Account for anyone other than yourself; (c) create or use more than one Account at any given time; (d) transfer your Account to anyone else; (e) permit others to use your Account; or (f) use or access other persons’ Accounts. By creating an Account, you hereby authorize Elements to use your Account information in accordance with the Privacy Policy for the purposes of sending periodic e-mails, text messages, or other messages or mailings to you about our products, services, and news.
  2. 3. User Guidelines. You agree to comply with the guidelines listed below. Elements reserves the right (but is not obligated) to investigate and to take appropriate legal action in its sole discretion for any violation of this provision or this Agreement or any conduct or content that is offensive, illegal, or violates the rights of, harms, or threatens the safety of, other users or third parties, including removing such content from the Service, notifying the appropriate authorities regarding and identifying the source of such content, barring violators from accessing the Service, and terminating the Accounts of such violators.

(a) You will comply with all applicable laws, including privacy laws, intellectual property laws, and regulatory requirements;

(b) You will not post inappropriate, inaccurate, or objectionable content to the Service.

(c) You will not bully, harass or advocate harassment of another user or person;

(d) You will not solicit passwords or personal identifying information of any kind for commercial or unlawful purposes from other users, or engage in commercial activities and/or sales such as contests, sweepstakes, barter, advertising, and pyramid schemes;

(e) You will not post content that contains “junk mail” or “chain letters”;

(f) You will not post content that is obscene or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

(g) You will not post or upload any virus, time bomb, worm, corrupted file, or other software routine capable of disrupting, disabling, or harming the operation of, or providing unauthorized access to the Service;

(h) You will not use the Service to do or promote anything that is unlawful, illegal, misleading, defamatory, or libelous; and

(i) You will not promote, or upload or post anything that contains, an illegal and/or unauthorized copy of another person’s copyrighted work (whether marked as such or not).

  1. 4. User Content

4.1 User Content License. By posting or submitting content to the Service, including messages, comments, and other content  (“User Content”), you grant to Elements an irrevocable, perpetual, non-exclusive, royalty-free and fully paid, worldwide, transferable license, with the right to sublicense through multiple tiers, to reproduce, distribute, modify, publicly display, publicly perform, prepare derivative works of, transmit, and otherwise use such User Content, in any format or medium now known or developed in the future, subject to the terms of the Privacy Policy and your account settings.  You represent and warrant that: (a) you have the right to grant the foregoing license and to post the User Content; (b) the User Content will not infringe, misappropriate, violate or contravene any third party rights (including any intellectual property rights); and (c) the User Content is accurate. You are solely responsible for the User Content that you post on the Service.

4.2 Feedback. Elements will treat any feedback or suggestions you provide to it as non-confidential and non-proprietary. Elements reserves the right to use any feedback or suggestions you provide in any manner and for any purpose without any obligation to compensate you.

  1. 5. Ownership. Elements and its licensors own the Service, all content (except for your User Content) contained therein, and all intellectual property rights relating to the foregoing. You agree not to reproduce, license, distribute, trade, rent, lease, sell or exploit for any commercial purposes, any portion or use of, or access to, the Service or any content (except for your User Content) contained therein. Any unauthorized reproduction or modification, distribution, display, or performance of any portion of the Service or any content (except for your User Content) contained therein is strictly prohibited.  Elements and its licensors reserve all rights not expressly granted under this Agreement.
  2. 6. Third Party Websites and Services. Our Service may contain links to Internet sites and services maintained by third parties. These links are provided for your reference only. We do not control, operate or endorse in any respect information, products, or services on such third-party sites and are not responsible for their content. Many third-party sites and services have their own terms of use and privacy policies that differ from ours. This Agreement and the Elements Privacy Policy only apply to our Service and do not apply to any other site or service.
  3. 7. Availability of Service. Elements reserves the right, at any time, to modify, suspend, or discontinue the Service or any part thereof with or without notice. You agree that Elements will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service or any part thereof.
  4. 8. Term. Subject to this Section, this Agreement will remain in full force and effect while you use the Service and/or maintain an Account.  You may terminate your Account at any time, for any reason through the appropriate account management page on Service, if available, or by sending an e-mail to [web@theelements.com]. Elements has the right to terminate this Agreement and/or your Account, or suspend or terminate your access to the Service, immediately upon notice to your e-mail address listed in your Account.  Upon termination of this Agreement by either party, your right to access and use the Service will terminate immediately.  You agree that we will have no liability to you for any costs, expenses, losses, damages, or liabilities arising out of or related to our termination of this Agreement.  Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 8 to 17.
  5. 9. Warranty Disclaimer. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, Elements provides THE SERVICE and licensed Application “AS-IS” AND AS AVAILABLE AND EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.  Elements DOES NOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF THE SERVICE or Licensed application.  Elements MAKES NO WARRANTY THAT THE SERVICE or Licensed application WILL BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL CODE, TIMELY, SECURE, OR ERROR-FREE.  YOU AGREE THAT Elements IS NOT RESPONSIBLE FOR THE TIMELINESS, DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY Content, COMMUNICATIONS OR PERSONALIZATION OR PREFERENCE SETTINGS.  Elements DOES NOT ASSUME ANY OBLIGATION TO MONITOR ACTIVITIES CONDUCTED ON THE SERVICE.
  6. 10. Limitation of  Liability. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, Elements will NOT BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY LOST PROFITS, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO the Licensed application or YOUR USE OF THE SERVICE UNDER THIS AGREEMENT, EVEN IF Elements HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Elements’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO FIFTY U.S. DOLLARS (US $50).  THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT SERVE TO ENLARGE THIS LIMIT.  YOU ACKNOWLEDGE AND AGREE THAT THEse LIMITATIONS OF LIABILITY ARE ESSENTIAL AND FUNDAMENTAL PARTS OF THIS AGREEMENT WHICH ARE NECESSARY TO INDUCE Elements TO ENTER INTO THIS AGREEMENT.
  7. 11. User Indemnification. You agree to indemnify and hold Elements, its subsidiaries, affiliates, directors, officers, agents, and employees harmless from any loss, damages, liability, claim, demand, costs, or expenses, including reasonable attorney’s fees, arising out of or relating to your: (a) use of the Service; (b) breach of this Agreement; or (c) breach or inaccuracy of any representation or warranty made under this Agreement.
  8. 12. User Disputes and Release. You are solely responsible for your interactions with other users. Elements reserves the right, but has no obligation, to monitor, or take any action Elements deems appropriate regarding, disputes between you and other users.  To the extent permitted under applicable laws, you hereby release Elements from any and all claims or liability related to: (a) any content posted on the Service by you or other users; (b) the conduct, whether online or offline, of any other user; and (c) termination or denial of access to or use of the Service.

You hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

  1. 13. Copyright Policy. You may not post, distribute, or reproduce in any way any Elements copyrighted material, trademarks, or other proprietary information unless you have the right to do so.  If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please follow the requirements for appropriate notifications under the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.   At a minimum, you must provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; an identification of the location on the Site or Service of the material that you claim is infringing; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Elements’s Copyright Agent for notice of claims of copyright infringement can be reached by writing the following: [web@theelements.com or Elements Behavioral Health, 17785 Center Court Drive, Suite 280, Cerritos, CA 90703]
  2. 14. Disclosures. Elements is located at 17785 Center Court Drive, Suite 280, Cerritos, CA 90703.  If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
  3. 15. Electronic Communications. The communications between you and Elements use electronic means, whether you use the Service or send us emails, or whether Elements posts notices on the Service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Elements in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Elements provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
  4. 16. General. This Agreement, and any claim, dispute or controversy of whatever nature arising out of or relating to this Agreement, will be governed by the laws of California, without giving effect to any conflicts of laws principles that require the application of the laws of a different jurisdiction. Any action or proceeding arising from or relating to this Agreement must be brought in a federal or state court located in Los Angeles, California and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding, except that Elements may file a claim or take action in any court having jurisdiction to protect its intellectual property or confidential or proprietary information. If any provision of this Agreement is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. All waivers must be in writing. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. You acknowledge that the Licensed Application and Service contain valuable trade secrets and proprietary information of Elements, that any actual or threatened breach of Section 2 (Restrictions) of the EULA or Section 5 (Ownership; Trademarks) of this Agreement will constitute immediate, irreparable harm to Elements for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach. The headings of Sections of this Agreement are for convenience and are not to be used in interpreting this Agreement. Unless the context clearly requires otherwise, “includes” and “including” are not limiting. This Agreement, the EULA, and the Privacy Policy constitute the final, complete, and exclusive  agreement between the parties regarding the subject hereof and supersede all prior or contemporaneous agreements, understandings, and communication, whether written or oral. In the event of any conflict or inconsistency between the terms of the Agreement, EULA, or Privacy Policy, the governing terms will be determined by the following order of precedence: (1) Agreement; (2) EULA; and (3) Privacy Policy.
  5. 17. Changes. We may amend this Agreement or the EULA from time to time.  If we make material changes to the Agreement or the EULA, we will notify you through a prominent notice through the Service or at your primary email address, as specified in your user account information.  Any material changes to this Agreement or the EULA will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Service.  These changes will be effective immediately for new users of our Service. Please note that at all times you are responsible for updating your Account information to provide us with your most current e-mail address.  If the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Except for such amendments, no amendment to this Agreement or the EULA will be valid unless in a writing hand signed by the parties.
  6. 18. Trademark and Copyright Notice. Certain names, slogans, graphics, logos, service marks, and trade names used on the Service are the trademarks of Elements and may not be used without permission in connection with any third party products or services.  Other trademarks, service marks, and trade names that may appear on the Service are the property of their respective owners. Copyright © 2010, Elements Behavioral Health.

This Agreement was last revised 5/26/2010

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I would highly recommend that anyone in recovery try an app like iPromises. It helps you formalize your recovery and recognize that it is a daily process.

-Dr. Shari Corbitt

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