Real MH Works, LLC Terms Of Use

www.ForLikeMinds.com (the “Site”) is a peer-to-peer website that provides an online community and tools for people affected by and/or interested in mental health or substance use or stressful life event issues to connect with one another. Please read these Terms of Use (“Terms”) carefully before using the Site or participating in any online features, services and/or programs offered by us, including, but not limited to, the Site, our blog and any newsletters (collectively, the “Web Properties”). The following Terms constitute an agreement between you (“you” or “your”) and Real MH Works, LLC (“RealMHWorks”, “we, “our,” or “us”), which is the operator of the Site and provider of the Web Properties. The Terms set out the legally binding terms of your use of the Web Properties, both as a visitor and as a registered member (a “Member”) as described further below. By accessing the Site and using the Web Properties, you agree to be legally bound by the Terms. In addition to terms applicable to all users, registered Members further agree to terms that may apply only to Members. If you do not agree to the Terms, you should not access the Site or otherwise use the Web Properties.

The Terms may be modified by RealMHWorks at any time and without prior notice to you. Such modifications will be effective upon posting by RealMHWorks on the Web Properties. You should regularly review the Terms to stay apprised of the prevailing terms and conditions governing your use of the Web Properties. Your continued use of the Web Properties after any modifications are posted constitutes your consent to such modifications.

These Terms are not applicable to any other web page operated and/or owned by any entity other than RealMHWorks and its affiliates, including, but not limited to, any website, mobile application, blog, forum, or other material operated by any third party identified on the Web Properties. When visiting these third party websites, you should refer to the terms and conditions in effect for the applicable owner.

Convenience and Information Only. Subject to these Terms, we hereby grant you a non-transferable, non-exclusive, limited license to use and access the Web Properties. The Web Properties are provided to you as a convenience and for your information only. By merely providing you access to and use of the Web Properties, we do not warrant or represent that: (a) any materials, documents, images, graphics, logos, design, audio, video, and any other information provided from or on the Web Properties (collectively, the “Content”) is accurate or complete; (b) the Content is up-to-date or current; (c) we have any obligation to update any Content; (d) the Content is free from technical inaccuracies or programming or typographical errors; (e) the Content is free from changes caused by a third party; (f) your access to the Web Properties will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to a question asked on or through the Web Properties is accurate or complete.

Noncommercial Use by Members. The Web Properties and all of the Content and services related thereto are for the personal use and enjoyment of individual Members and other visitors only and may not be used in connection with any commercial endeavors. You may not use or copy content from the Web Properties for use with any other product or service or for illegal or unauthorized uses.

Organizations and/or businesses may not become Members and should not use the Web Properties without express written consent from RealMHWorks. Members may not solicit or overtly promote their products or services on the Web Properties without express written consent from RealMHWorks. Please direct any such inquiries to [email protected]

Membership Eligibility. To become a Member and access certain areas on or features of the Web Properties reserved for Members, you must be, and attest to: (1) be diagnosed with a mental health or substance use condition; (2) have experienced a stressful life event; (3) be a supporter of somone described in (1) or (2); or (4) be a guest as authorized by us to access areas and services of the Web Properties. In all circumstances, you must be at least eighteen (18) years of age to register as a Member.

Term and Termination. The Terms will remain in full force and effect while you use any of the Web Properties. RealMHWorks, in its sole discretion, may terminate, suspend or restrict your membership or access to the Web Properties (or any portion of the Web Properties) at any time, with or without notice, if you fail to comply with these Terms or for any other reason. You may terminate your membership at any time by selecting the “Cancel My Account” option in your Member Profile (as defined herein). In the event of a termination, suspension or restriction of your membership or use of the Web Properties (or any portion of the Web Properties), the other terms and conditions of the Terms will remain in effect.

The Web Properties Do Not Provide Medical Advice. RealMHWorks provides the Web Properties to promote a community and dialogue among people described under Member Eligibilty above. The Web Properties and the content appearing on the Web Properties, whether our Content or Member Submissions (as defined herein), do not provide healthcare, health-related, or other professional services, including diagnosis or treatment, and do not constitute such types of services. RealMHWorks is not licensed to provide any services to individuals in any jurisdiction, including, without limitation, medical diagnoses, treatments, counseling or any other professional services. RealMHWorks does not require, expect, represent or warrant that Group Leaders (as defined below) be licensed to provide any services to individuals in any jurisdiction, including without limitation, medical diagnoses, treatments, counseling or any other professional services.

All the material and content on the Web Properties, whether provided by us or by any user, is for informational purposes only and is not a substitute for healthcare, health-related, or other professional services. Always seek the advice of a qualified healthcare provider with respect to any questions you may have regarding your health. Never disregard professional advice (whether medical or other) or delay in seeking it as a result of something that is communicated to you by a user or any of the Web Properties or that otherwise appears on the Web Properties.

If you think you may be experiencing or are in danger of experiencing a medical emergency, call 911 and your health care provider immediately. If you have thoughts of suicide or self-harm, contact the National Suicide Prevention Line at 1-800-273-8255.

HIPAA Does Not Apply to Information Disclosed on the Web Properties. Please be advised that the Health Insurance Portability and Accountability Act of 1996, as amended, and its implementing regulations (“HIPAA”), does not apply to information that is shared by you with us or with any other users of the Web Properties or collected by us from you in accordance with these Terms and our Privacy Policy. RealMHWorks is not a “health care provider,” “business associate”, “subcontractor”, “health care clearinghouse” or “health plan”, as those terms are defined under HIPAA. The Web Properties are not intended to render, and do not render, any type of health care or health care-related services to any user. All information that you disclose using the Web Properties is provided by you on a voluntary basis to the recipient of such information. We advise you not to share with or disclose to any user of the Web Properties any information that could potentially identify you, whether independently or in combination with other information available to such user. If you share or disclose such information, even inadvertently, any such information will not be protected by HIPAA.

Acceptable and Lawful Use of the Web Properties. You agree that you will not use the Web Properties for any purpose which is unlawful or prohibited by the Terms. You will not post or upload any information or content on the Web Properties that is false, inaccurate, or misleading. Members represent and warrant that the information they provided when registering as a Member, and all information that they subsequently provide regarding themselves and their membership, is true, accurate, and not misleading.

You will not use the Web Properties to conduct any activity that is illegal or violates the rights of others. You will not use the Web Properties to infringe copyright, patent, trademark, trade secret, or any other party’s proprietary rights. You will not use the Web Properties to provide instructional information about illegal activities, or promote physical harm or injury against any group, individual, or entity. You represent and warrant that you are not, and will not at any time while using the Web Properties be, licensed to render medical, psychiatric or psychological advice or treatment in any jurisdiction or, if so licensed, you will not use the Web Properties in this capacity. You further agree not to render medical, psychiatric or psychological advice or treatment to any user through or in connection with your use of the Web Properties.

You shall not interfere with the use and enjoyment of the Web Properties by other users. If posting content or information to the Web Properties in any form, you will abide by the terms of Member Postings and Submissions described below.

Member Postings and Submissions. The Web Properties provide public areas, including a blog, to which Members may post content, including notes, messages, posts, statements, text, images, video, audio, and hyperlinks or references to other information (“Member Submissions”) for view by Members and visitors to the Web Properties. By posting Member Submissions, you automatically grant, and represent and warrant that you have such right to grant, to RealMHWorks, its affiliates, and related entities and individuals an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, display, perform, distribute, translate, edit, and create derivative works of your Member Submissions, and to grant and authorize sublicenses of the foregoing, subject to the terms of our Privacy Policy. You attest that you are not restricted or prohibited from making such content publicly available under law or contractual or fiduciary relationships. If you are providing information about another individual, you represent and warrant that you have been granted all rights from such individual to disclose that individual’s information.

You will not have or obtain any rights in or to any form, media, or technology incorporating any Member Submissions. You also grant to RealMHWorks and its affiliates, successors and assigns the exclusive right to incorporate Member Submissions into other works in any form, medium or technology, whether now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, “Rights”) that may exist in such Member Submissions. You also warrant to RealMHWorks that any third party holder of any Rights has validly and irrevocably granted to you the right to grant the rights and licenses set forth above. You further acknowledge that RealMHWorks and its affiliates, successors and assigns will be entitled to unrestricted use of the Member Submissions for any purpose whatsoever, commercial or otherwise.

We do not control and are not responsible for any content posted or delivered to the Web Properties by our Members or visitors. We have no duty to police, detect, warn Members or users about, or respond in any way to any threatened or actual risk or harm presented by the Content. You are solely responsible for any Member Submissions you post or display on the Web Properties or transmit to other Members through the Web Properties, whether in the form of one-on-one discussion, Groups (as defined herein), group message boards, blog posts, or any other means. RealMHWorks does not control, endorse, or approve, and is not responsible for, any such content posted or delivered to or through the Web Properties by any Members or visitors, including Group Leaders. RealMHWorks is not obligated to prescreen postings, Member Submissions, or communications to other Members and does not regularly review, monitor, delete, or edit such content delivered to and through the Web Properties. We may choose, in our sole discretion, to review, monitor, delete, or edit any such content.

You agree that any Member Submissions and statements or communications made by you in one-on-one discussion, Group communications, or postings in message boards, chat rooms, bulletin boards or the like will not contain (1) any personally identifying details of other Members or any other person without their express written permission; (2) any advertisement, promotional materials, spam, surveys, or contests without our express prior written consent; (3) any conduct, material, or links to material, that could be considered harmful, obscene, pornographic, indecent, violent, abusive, profane, insulting, threatening, harassing, degrading, intimidating, racist, bigoted, hateful, or otherwise objectionable; (4) any statement or content that harasses, threatens, intimidates, or stalks another party; (5) any expressions of bigotry, racism, hatred, or profanity; (6) any defamatory, false, or libelous material; (7) information that promotes illegal activities; (8) content that infringes or violates any intellectual property or other rights of any person or entity; (9) professional medical, psychiatric, psychological, or health care-related guidance or advice of any type, whether solicited or unsolicited; or (10) information that is false or misleading including content or statements that impersonate another person or entity, adopt a false identity, manipulate or forge identifiers, or otherwise disguise the origin of any posting.

In addition to us as administrators of the Web Properties, Group Leaders of specific Groups (as defined herein) can also remove content, communications from you, and users within their Groups. We reserve the right to investigate and take appropriate legal or other action in our sole discretion with or without notice against anyone who violates the requirements set forth above, including, without limitation, removing, redacting, or editing Member Submissions or other communications on the Web Properties and/or suspending, terminating, or restricting such Members’ use of or access to the Web Properties on a temporary or permanent basis. We may limit the number of postings by any Member in our sole discretion. We may suspend or otherwise limit a Member’s ability to communicate with other Members through the Web Properties at any time with or without notice in our sole discretion. We may also suspend groups or otherwise limit their activities at any time with or without notice in our sole discretion. You agree that you have no recourse against RealMHWorks and any of its affiliates or related entities or individuals if we refuse to post, or if we delete or refuse to delete, any post by you or other Members, if we redact or edit content or communications from you, if we suspend or limit your communication with other Members, or take any other actions described in this provision.

You agree that you will not (1) recreate, repost, or resend topics, posts, or messages that have been deleted or edited as discussed above; (2) attempt to rejoin a group or the Web Properties if your membership has been suspended as discussed above; or (3) create multiple accounts, unless creating one account as a supporter and another account as someone with a condition or stressful life event, to evade restrictions on your activities or facilitate inappropriate activities on our platform.

Any violation of the Terms can subject your membership to immediate termination and, possibly, further legal action.

RealMHWorks Property. RealMHWorks either owns or is licensed to use all proprietary rights in the Web Properties, including all copyrights, trademarks, and patent rights associated with the Web Properties. You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information (which is not in the public domain), without our express written permission.

Links. The Web Properties may contain links to websites or advertising content operated or provided by third parties. We provide these only for your convenience. We do not monitor or control the linked sites. None of RealMHWorks, its affiliates, or related entities or individuals are liable or responsible for any of the content or services available at these linked sites. We make no representation or warranty in connection with any third party content or links, which at all times and in each instance is provided “as is.” If you decide to access any of the third party websites linked to the Web Properties, you do so entirely at your own risk.

No Interference with Operation of Web Properties. You may not use any robot, spider, scraper, or other automated means to access the Web Properties, Content or services provided on the Web Properties for any purposes. You may not post content on the Web Properties that contains any viruses, Trojan horses, worms, time bombs, spiders, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You shall not attempt to make the Web Properties unavailable through denial-of-service attacks or similar means. You shall not use contact information provided by Members, or collect information about our Members, to facilitate the sending of bulk communications such as SPAM or SPIM, or solicit or advertise to our Members in any way, and you shall not allow others to use your membership account to take such actions or any actions that violate these Terms.

Registration. You can view some areas and features of the Web Properties without registering, but you must register and create a member profile (a “Member Profile”) to view certain Content and Member Submissions, and to use features that are only available to Members. These features include creating a Member Profile, posting Member Submissions, and contacting and communicating with other Members. When creating a Member Profile, you must provide current, complete, and accurate information as requested by us. You attest this information to be true. It is the Member’s responsibility to update this information and make sure it is always current, complete, and accurate.

When creating a Member Profile, you must select either of the following options: “I have a mental health or substance use condition or stressful life event” or “I support someone with a mental health condition or substance use condition or a stressful life event.”

You will be asked to choose a user identification (username) and password. Usernames are subject to our approval and may not contain misleading or objectionable material, or imply that you are trained, licensed or experienced in providing professional advice (whether medical, psychiatric, psychological or otherwise). It is your responsibility to maintain the confidentiality of your password and account. We strongly recommend that when you choose a username, you do not use your email address, any portion of your legal name, or any other personal information that can be used to identify you.

Members are responsible for any and all activities that occur under their account with or without their knowledge. If you knowingly provide your login and password information to another person, your membership privileges may be suspended temporarily or terminated. You agree to: (a) notify us at [email protected] immediately of any unauthorized use of your account; (b) ensure that you exit from your Member Profile at the end of each session; and (c) use a security passcode to secure your device where your Member Profile information is stored. While we may provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet or any of the Web Properties is secure, or that such transmissions are free from delay, interruption, interception, modification or error.

Member Profiles and usernames are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Web Properties with their respective usernames and passwords. You agree that you are solely responsible for activity that occurs under your Member Profile. RealMHWorks, its affiliates and related entities and individuals are not liable for any loss that you may incur as a result of someone else using your password or account. We are entitled to act on all instructions received by anyone using your Member Profile, and we reserve the right to pursue any and all claims against any user of your Member Profile.

Member Fields and Message Board Group. Members may be asked to enter specific information about their mental health or substance use or stressful life event, or the same information for someone they support, in their Member Profiles (“Tags”). Members can use these identified Tags to search for and connect with other Members who have indicated similar Tags and to join or create message board groups for which similar Tags are identified as relevant or characteristic (each, a “Group,” and collectively, the “Groups”). We may add required Tags to enhance your user experience and to allow more targeted connections between Members. Members who create or join a Group will also be subject to the additional terms set forth in this Section.

To create a Group, a Member must indicate a group title, provide a brief description of the Group, and select Tags to characterize the intended focus of the Group. A Member who creates a Group is referred to as a “Group Leader”. A Group Leader may designate the Group that they create as “Open” or “Closed”. An Open group will initially accept any Member that would like to join it. To join a Closed Group, a Member must be registered as the same type of Members as the Group Leader, someone (1) with a condition or stressful life event or (2) who supports someone with a conditions or stressful life event. To join a Group, a Member may “click” on the “Join Like Minds” option for the group when it appears in search results. Members in a Group can view topcis, posts or messages, create topics, post posts or post messages, and reply to posts or messages.

The Group Leader will have the power to delete a topic, post or message posted to the group and remove a Member from the group that the Group Leader created. This is intended to manage any disruptive behavior within the Group. RealMHWorks has the right to change the name of a Group, for any reason in our sole discretion, or require verification from the Group Leader that the Group Leader has the applicable rights necessary to use such name. RealMHWorks also has the right to remove or suspend a Member from the Group or to delete a Group, for any reason in its sole discretion.

Group Leaders are Members, subject to these Terms of Use. In addition, Group Leaders agree to comply with the Group Leader Principles when they create a group. Group Leaders are not the agents or employees of RealMHWorks. We have no duty police, detect, warn Members or users about, or respond in any way to risks or harms presented by Group Leaders’ Content. Neither We nor Group Leaders are able to moderate any Content, within a Group or anywhere on the Site, whether directed to Members, a Group Leader or the Site, at all times.

Other Communications Using the Web Properties. Group message boards and other forums on the Web Properties generally contain information that can be posted and viewed by anyone on the Internet (except where a Member Profile is required). Some of the groups may be limited to other users with similar circumstances. In addition to the message boards, chat rooms, bulletin boards and Groups created on the Web Properties, each Member will have a private message box for personal communications between Members (a “Private Message Box”). Using this Private Message Box, a Member may send a message using his/her Member Profile username and receive message(s) from other Members.

Subject to the consent of the Member, we will send a notification email to your private email address provided when you create your Member Profile notifying you that you have received a message in your Private Message Box, that a Group of which you are a member has had some activity, and/or other administration emails. We will never disclose the private email address of a Member, but we cannot prevent a user from doing so in the body of a communication, for example when communicating using the Member’s Private Message Box or when communicating in a Group. Upon creating your Member Profile, you will also receive a verification email at your private email address.

Network Access and Devices. You are responsible for obtaining the data network access necessary to use the Web Properties. If you are accessing the Web Properties on your mobile device, your network’s data and messaging rates and fees may apply. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Web Properties and any updates thereto. We do not guarantee the Web Properties, or any portion thereof, will function on any particular hardware or devices. In addition, all Web Properties may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

Privacy. You agree that you have read, understood and accept the terms of our Privacy Policy. This policy also explains collection of information from you when using the Web Properties and any use of this information by RealMHWorks, or any affiliated entities or individuals.

You agree not to disclose to any person or entity personally identifiable information about other members that you encounter while using the Web Properties without the express consent of such member.

Should you choose to disclose on the Web Properties your real name or personally identifying information about you or any individual, you do so at your own risk and will indemnify and hold RealMHWorks, and any related or affiliated entities or individuals, harmless for any damages or harm arising from such disclosure. See also the Disclaimer of Warranties section and the Limitation of Liability section below.

Electronic Communications. We will communicate with you by email or by posting notices on our Web Properties. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

Fees. Access to and use of the Web Properties are currently available without charge. RealMHWorks reserves the right to charge a fee for access to or use of the Web Properties and/or to provide additional optional services for a fee in the future. You will be given prior notice in the event we find it necessary to charge a fee for use of the Web Properties.

Objectionable Material. You acknowledge that, in using the Web Properties and accessing the Content and/or the Member Submissions, you may encounter material that you deem to be disturbing, offensive or objectionable. You agree to use the Web Properties at your sole risk and that we will have no liability to you for material that may be disturbing, objectionable or offensive to you.

Not Intended for Children and Other Age Requirements. The Web Properties are not intended or designed to attract children under the age of eighteen (18). You will need to affirm that you are more than eighteen (18) years of age, or are an emancipated minor, or possess parental or legal guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.

Disclaimer of Warranties. The Web Properties, the Content, and our services, including software, products, services, information, text, related graphics, and links to other websites and information, contained within or available through the Web Properties, whether provided by RealMHWorks, any of its affiliates or related entities or individuals, third parties, or any users or Members of the Web Properties, are provided on an “as is” and “as available” basis. RealMHWorks, its affiliates and any related entities or individuals disclaim, and do not make, any express or implied warranties and representations, including, but not limited to, any implied warranty of fitness for a particular purpose, with regard to the Web Properties, the Content, the Member Submissions, or any advice or services provided through the Web Properties to the extent permitted by law. RealMHWorks, its affiliates and any related entities or individuals do not warrant that access to the Web Properties, the Content or services will be uninterrupted or error-free, that defects in the Web Properties will be corrected, or that the web pages on or through the Web Properties, or the servers used in connection with the Web Properties, are or will remain free from any viruses, worms, time bombs, drop dead devices, Trojan horses, or other harmful components.

RealMHWorks, its affiliates and any related entities or individuals are not responsible for any incorrect or inaccurate content on the Web Properties, irrespective of the source. Under no circumstances will RealMHWorks, its affiliates and any related entities or individuals be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from or in any way connected to anyone's use of the Web Properties, Content, or Member Submissions, or any interactions between Members or other users of the Web Properties, whether online or offline. RealMHWorks, its affiliates and any related entities or individuals assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications.

YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THE WEB PROPERTIES IS AT YOUR OWN RISK. REALMHWORKS, ITS AFFILIATES, AND ANY RELATED ENTITIES OR INDIVIDUALS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEB PROPERTIES OR THE INFORMATION, CONTENT, MEMBER SUBMISSIONS, OR MATERIALS PROVIDED BY THE WEB PROPERTIES, INCLUDING, WITHOUT LIMITATION, THE SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN OR THROUGH THE WEB PROPERTIES. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, REALMHWORKS, ITS AFFILIATES, AND ANY RELATED ENTITIES OR INDIVIDUALS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEB PROPERTIES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE WEB PROPERTIES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. WE MAKE NO REPRESENTATION OR WARRANTY REGARDING GOVERNMENT COMPLIANCE OF ANY SOFTWARE USED IN RUNNING THE WEB PROPERTIES.

Limitation of Liability. Under no circumstances shall RealMHWorks or its affiliates, related entities or individuals, partners, investors, agents, employees, or directors be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever (even if it has been advised of the possibility of such damages) due to your use of the Web Properties or due to your reliance on any of the content contained or the services provided on the Web Properties, including, but not limited to, the following: (1) loss of goodwill, profits, business interruption, data or other intangible losses; (2) your inability to use, unauthorized use of, performance or non-performance of the Web Properties; (3) unauthorized access to or tampering with your personal information or transmissions; (4) the provision or failure to provide any service; (5) errors or inaccuracies contained on the Web Properties or any information, software, products, services, and related graphics obtained through the Web Properties; (6) any transactions entered into through the Web Properties; (7) any property damage including damage to your computer or computer system caused by viruses or other harmful components, during or on account of access to or use of the Web Properties or any site to which it provides hyperlinks; or (8) damages or harm otherwise arising directly or indirectly from or in connection with use of the Web Properties. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if RealMHWorks or its affiliates has been advised of the possibility of damages. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability will be limited to the greatest extent permitted by applicable law. These Terms give you specific legal rights. You may also have other rights that may vary from one jurisdiction to another.

Indemnification. You agree to indemnify and hold harmless RealMHWorks and its affiliates, related entities or individuals, officers, employees, agents, subsidiaries, and other partners, from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from or in connection with, your violation of the Terms.

Copyright Complaints. We own, protect and enforce copyright and other rights in our own intellectual property, and respect the intellectual property rights of others. We will respond to alleged copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”). Under the DMCA, a copyright owner may give notification to an online service provider of an alleged copyright infringement. During this process, the service provider responds by taking down the alleged infringing content, and takes reasonable steps to contact the owner of the removed content so that a counter-notification may be filed. If a valid counter-notification is filed, we typically will restore the content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity. We may provide copies of these notices to the affected parties or to any other third parties, at our discretion and as required by law. Our Privacy Policy does not protect information provided in these notices.

When notifying us of potential infringement, you must include the following:

  • identification of the copyrighted work(s) claimed to have been infringed. If multiple copyrighted works, then a representative list of those works on the Web Properties;
  • identification of the supposedly infringing material that is to be removed;
  • information reasonably sufficient to permit us to locate the material on the Web Properties;
  • contact information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, or email address;
  • a statement that the complaining party has a good faith belief that use of the material is in fact infringing and/or not authorized by the copyright owner, its agent, or the law;
  • a statement that, under penalty of perjury, the information in the notification is accurate and where relevant that the complaining party is authorized to act on behalf of the copyright owner; and
  • the signature, physical or electronic, of the copyright owner or a person authorized to act on his or her behalf.

A provider of content subject to a claim of infringement may make a counter notification. To file a counter notification with us, please provide the DMCA Agent a written communication containing the following:

  • identification of the supposedly infringing material that is to be removed;
  • a statement that, under penalty of perjury, you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
  • your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your postal address is located, and that you will accept service of process from the party who submitted the infringement notification or his, her, or its principal or agent; and
  • the signature, physical or electronic, of you or a person authorized to act on your behalf.

We will promptly provide the party that provided the notice of claimed infringement with a copy of the counter notification, and inform the complaining party that we restore the removed or disabled content within ten (10) business days. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of the counter-notification, we will restore the removed or disabled materials. Until that time, your materials will remain removed or disabled.

Notice of alleged infringement must be sent by electronic mail to our DMCA Agent, Katherine Ponte, at [email protected] or by certified mail and marked “Copyright Infringement”, Attn: DMCA AGENT at the address set forth at the end of these Terms.

Before filing such a notification, make a careful determination as to whether or not the use of the material at issue is or may be protected by the “fair use” doctrine. You could potentially be held liable for costs and attorneys’ fees should you file a takedown notice where there is no infringing use. If you are unsure whether there is infringement, it may be advisable to seek legal counsel.

NOTE: THE DMCA AGENT MUST BE REGISTERED WITH THE COPYRIGHT OFFICE. MORE INFORMATION AND INSTRUCTIONS CAN BE FOUND AT: https://www.copyright.gov/dmca-directory/.

International Users and Local Laws. RealMHWorks, its affiliates and any related entities or individuals make no claims that information on the Web Properties is appropriate or may be downloaded outside of the United States. All Personal Information and Usage Information (as those terms are defined in our Privacy Policy) collected by us or on our behalf when you visit the Web Properties will be collected, processed, stored, disclosed, and disposed of in accordance with applicable U.S. law and our Privacy Policy. If you are a non-U.S. user, you hereby consent to our collecting, transferring, processing, and storing of your Personal Information, Usage Information, and any other personal data which you disclose or submit to us for any purpose that is permissible under U.S. law, our transferring of such information outside of your resident jurisdiction, and our disclosure of such information to other entities outside your resident jurisdiction. In addition, you consent to our storage of such information on servers located anywhere outside of your resident jurisdiction and our disposal of such information to the extent permissible under U.S. law. We make no representation that Content or materials on the Web Properties are appropriate or available for use in jurisdictions that are outside of the United States. Access to the Web Properties from jurisdictions where such access is illegal is prohibited. If you choose to access the Web Properties from other jurisdictions, you do so at your own risk and are responsible for compliance with applicable local laws.

Governing Law, Jurisdiction and Venue. You agree that all matters relating to your access to, or use of, the Web Properties will be governed by the laws of the State of New York and the federal laws of the United States of America. You agree and hereby submit to the exclusive personal jurisdiction and venue of the state and U.S. federal courts located in the State of New York with respect to such matters.

Export Restrictions. Any software and all underlying information and technology downloaded or viewed from any of the Web Properties or in connection with the services (collectively, the “Software or Technical Data”) by you may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. Appx. §§ 2401 et seq.) and the Export Administration Regulations (50 C.F.R. Parts 730-774), and may be subject to export or import regulations in other countries. You are solely responsible for complying with all trade regulations and laws, both foreign and domestic, in your use and viewing of the Web Properties, the Content, the Member Submissions, and any of our products or services, including, but not limited to, the Software or Technical Data. Except as authorized by law, you agree and warrant not to export or re-export the Software or Technical Data to any country, or to any person, entity, or end-user subject to U.S. export controls, including, but not limited to, persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration’s Denied Parties List and the U.S. Department of Treasury’s Specially Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.

Additional Remedies. You acknowledge that your conduct that is inconsistent with the provisions of these Terms may cause us irreparable damage for which remedies other than monetary relief may be inadequate. In such instances, you agree that we may seek injunctive or other equitable relief seeking to restrain such conduct without the necessity of proving actual harm or posting a bond.

General. If any provision of the Terms, or the application thereof to any person or circumstances, is held invalid or for any reason, unenforceable including, but not limited to, the warranty disclaimers and liability limitations, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of the Terms shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of the Terms shall not be construed as a waiver of any provision or right.

Assignment. RealMHWorks may assign its rights in the event of a transfer of control of RealMHWorks and may assign its rights to all or substantially all of the assets or business of RealMHWorks to any successor, whether by merger, acquisition, asset sale, exclusive license, stock sale or otherwise, without the consent of any Members or other users.

Customer Comments. By submitting comments, information or feedback to us through email and/or the Web Properties, you agree that the information submitted will be subject to our Privacy Policy. We have no obligation to review or respond to Customer Comments. We may use comments, information or feedback that you may submit to us (collectively, “Feedback”), in any manner that we may choose, including, but not limited to, the incorporation of such suggested changes into our services and products, without notice or compensation to you. You hereby grant RealMHWorks a perpetual, irrevocable, worldwide, royalty-free, sublicensable license and all rights to use the Feedback for any purpose we may choose.

Your Consent To These Terms

By accessing and using the Web Properties, you consent to and agree to be bound by these Terms. If we decide to change these Terms or some part of them, we will make an effort to post those changes on this web page so that you will always be able to understand and agree to the terms and conditions governing your use of the Web Properties. Your use of the Web Properties following your acceptance of any amendment of these Terms will signify your assent to and acceptance of its revised terms for all information previously collected by us from you and all information collected by us from you in the future. If you have additional questions or comments of any kind, or if you see anything on the Web Properties that you think is inappropriate, please let us know by sending your comments or requests to:

Real MH Works, LLC
P.O Box 231259
NY, NY 10023
[email protected]

Copyright © 2017. Real MH Works, LLC All Rights Reserved.

Effective as of: February 28, 2018 Last updated: February 28, 2018

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