ALL CONTENT ON THE UPLIFT WEBSITE AND PROVIDED BY UPLIFT NAVIGATORS (WHETHER VIA PHONE, EMAIL OR OTHER COMMUNICATION) IS FOR INFORMATION ONLY AND IS NOT INTENDED AS MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS VISIT OR SPEAK TO A LICENSED HEALTH SERVICE PROVIDER PRIOR TO STARTING ANY NEW TREATMENT, OR WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR DIAGNOSIS. UPLIFT ASSUMES NO LIABILITY FOR ANY DIAGNOSIS, TREATMENT, DECISION MADE, OR ACTION TAKEN IN RELIANCE UPON INFORMATION PROVIDED BY UPLIFT NAVIGATORS (WHETHER VIA PHONE, EMAIL OR OTHER COMMUNICATION), ON THE UPLIFT WEBSITE, OR ON ANY OTHER WEBSITES LINKED TO IT IN ANY WAY.
IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. IF YOU ARE CONSIDERING OR CONTEMPLATING SUICIDE OR FEEL THAT YOU ARE A DANGER TO YOURSELF OR TO OTHERS, CALL 911 OR NOTIFY APPROPRIATE POLICE OR EMERGENCY MEDICAL PERSONNEL.
1. Scope of Agreement
This Terms of Service Agreement (this “Agreement”) is between you and Starling Solutions Inc. (d.b.a. UpLift) (“UpLift,” “we” or “us”) and governs your access to and use of the UpLift website located at upliftnavigator.com, including any content, functionality and services offered on or through the UpLift website (the “Site”).
We are committed to protecting the privacy of children and the UpLift site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13. This website is also not intended to provide services or products to persons under the age of 18 without the consent and involvement of a parent or guardian. If you are under the age of 18, you may use this website only with the involvement of a parent or guardian.
This website is intended for, and should only be used, by individuals residing within the United States.
2. Responsibility for Your Care; Verifying Credentials of Treatment Providers.
Your medical care and your mental health care are solely the responsibility of you and your Treatment Provider(s). A “Treatment Provider” is a regulated, trained, professional who is permitted to provide psychotherapy services. Treatment Providers may include, but are not limited to, psychiatrists, psychologists, clinical social workers, registered psychotherapists, and professional counselors. The exclusive control and responsibility for the practice of medicine and delivery of mental health services is reserved to Treatment Providers.
UpLift is not a Treatment Provider. However, UpLift may provide you with access to persons that hold educational degrees in social work (“Navigators”) who can provide you with information and guidance to assist you making the best plan for addressing your child’s mental health, including a customized roadmap and information about mental health resources, care options and Treatment Providers.
UpLift is not responsible for Treatment Provider credentialing, makes no representation regarding the accuracy of such credentials, and expressly disclaims any liability for fraudulent credentials or other representations or claims made by Treatment Providers. We recommend you confirm your Treatment Provider’s credentials with the provider as well as verify the Treatment Provider’s good standing with the appropriate licensing board.
3. Access to and Use of the Site
3.1. License Grant to You. We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site solely (i) for your personal, non-commercial use or legitimate business purposes related to your role as a current or prospective customer of UpLift; and (ii) in accordance with the terms of this Agreement. All rights not expressly granted in this Agreement are reserved by us. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, the Site or any of the UpLift Content (defined below) without our express, written consent.
3.2. Restrictions on Your Access to and Use of the Site. In connection with your access to or use of the Site, you are prohibited from:
• using any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to access, navigate, or search the Site, other than generally available third-party web browsers (e.g., Mozilla Firefox, Google Chrome and Microsoft Explorer);
• using any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on or through the Site;
• attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site or through the Service, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”;
• copying, modifying, adapting, reproducing, reverse engineering, decompiling, disassembling, or preparing derivative works of our software or UpLift Content, or any content that is not your own;
• distributing viruses, malicious code, malware or any other technologies that may harm the Site or any user of the Site;
• violating, infringing, or breaching the rights of UpLift or a third-party, including, but not limited to, any copyrights, trademark rights, patent rights, trade secret rights, rights of publicity or personality, moral rights, or any other proprietary rights; or
• submitting to or through the Site any false, inaccurate, misleading, deceptive, defamatory, or libelous materials or content.
Violations of system or network security may result in civil or criminal liability. UpLift will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
3.3. User Content and License Grant to Us. If you transmit any information, content, materials or data to or through the Site (“User Content”), you are not forfeiting any ownership rights you may have in the User Content. However, by submitting User Content on or through the Site, you hereby grant UpLift and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, sell or participate in the sale of or exploit in any way, and display, in whole or in part, such User Content, including, but not limited to, throughout the world in any media, as necessary (a) to provide, maintain and improve the Site; (b) to prevent or address service, security, support or technical issues; (c) as required by law; and (d) as expressly authorized by you. You represent and warrant that you own or have obtained all necessary rights and/or licenses to User Content that you transmit, and that our use of such User Content as authorized under this Agreement does not violate or infringe upon the rights of any person or entity. In the event of any loss of or damage to your User Content, your sole and exclusive remedy shall be for us to make reasonable commercial efforts to restore the lost or damaged User Content. UpLift will not be responsible for any loss, destruction, alteration or disclosure of your User Content caused by any third party.
4. Ownership and Intellectual Property Rights
The Site and all information, content, and materials offered on or through the Site, including, but not limited to, text, images, videos, illustrations, designs, icons, photographs, software, programs and written and other materials that are part of the Site or accessible through the Site, other than User Content (collectively, “UpLift Content”), is the property of UpLift or its licensors. No right, title or interest in any UpLift Content is transferred to you by way of this Agreement or otherwise. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the UpLift Content or the Site. The UpLift trademark and the UpLift logo are trademarks of UpLift. The Site, the UpLift Content, and the UPLIFT and UpLift logo trademarks are protected by copyright, trademark, and/or other intellectual property laws.
5. Copyright Infringement (Digital Millennium Copyright Act)
We respect the intellectual property of others. We strive to respond promptly to proper notices of copyright infringement by removing or disabling access to allegedly infringing material. It is our policy to terminate the access privileges of those who infringe the copyrights of others.
Submitting a Copyright Infringement Notification. If you believe that any material appears on the Site in a way that infringes the copyright in a work you own, please send a notification containing the following information to UpLift’s Copyright Agent (identified below):
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the work in which you hold a copyright interest which you believe is being infringed;
• a description of the location on the Site where the allegedly infringing material is located (preferably including a URL address);
• your address, telephone number, and email address;
• a 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 notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent can be reached at the following address:
Attn: Copyright Agent
240 2nd Avenue South #300
Seattle, WA 98104
6. Third Parties; Third-Party Content and Site
References on the Site to any third parties or any products, services or websites of third parties, are provided solely as a convenience to you. We do not endorse, recommend, approve of or make any representations or warranties regarding any third parties or their products or Site. We are not responsible for the content of any third-party websites and do not make any representations regarding the content or accuracy of material on such websites. If you decide to follow a link to any third-party website, you do so entirely at your own risk.
7. Disclaimer of Warranty
THE SITE IS PROVIDED BY UPLIFT ON AN “AS IS” AND “AS AVAILABLE” BASIS. UPLIFT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SITE, OR INFORMATION, CONTENT, OR MATERIALS OFFERED ON OR THROUGH THE SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, UPLIFT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. UPLIFT DOES NOT WARRANT THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT, AND YOU ACKNOWLEDGE THAT UPLIFT WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITH YOU WITHOUT YOUR AGREEMENT TO THE TERMS OF THIS DISCLAIMER.
8. Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL UPLIFT, ITS AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AND AGENTS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF UPLIFT, ITS AFFILIATES, OR THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AND AGENTS HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. IN NO EVENT WILL UPLIFT BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNTS PAID BY YOU (IF ANY) IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX-MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify and hold harmless UpLift, its affiliates, and their respective employees, directors, officers and agents from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your breach or alleged breach of this Agreement, your improper use of the Site, or your breach of any applicable law or infringement of the rights of a third party. UpLift shall have the right to participate in the defense of any such claim at its own cost. You may not settle or negotiate any claim that results in liability to, or imposes any obligation upon, UpLift, financial or otherwise, without the written consent of UpLift.
10. Information About You and Your Visits to the Website
This Agreement shall remain in force and effective unless and until terminated by either you or us. You may terminate this Agreement at any time by providing written notice to us, via email to firstname.lastname@example.org. We may terminate this Agreement immediately with or without notice, and/or may deny you access to the Site, in our sole discretion, in the event you breach, or threaten to breach, any term of this Agreement, or for any other reason or no reason. Upon any termination of this Agreement, you must immediately discontinue use of the Site. Even after your rights under this Agreement are terminated, all provisions of this Agreement which by their nature should survive, will survive, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
12. Miscellaneous Terms
12.1. Consent to Electronic Communications. You consent to receive communications from us electronically. We will use the personal data you have submitted to communicate with you electronically when necessary to perform our contract with you, based upon our legitimate interest, or when you have otherwise provided consent. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email, or on the Site or through the Site, satisfy any legal requirement that such communications or agreements be in writing.
12.2. Assignment. You may not assign your rights under this Agreement without the prior written permission of UpLift and any attempt by you to do so shall be null and void.
12.3. Waiver. The waiver of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.
12.4. Severability. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way.
12.5. Changes to Agreement. We reserve the right to modify or revise any part of this Agreement at any time at our sole discretion by posting such modified or revised Agreement to the Site. Your continued use of or access to the Site following the posting of any modifications or revisions to the Agreement constitutes acceptance of those modifications or revisions.
12.6. Relationship of the Parties; No Third-Party Beneficiaries. UpLift and you are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between UpLift and you. There are no third-party beneficiaries to this Agreement.
12.7. Governing Law; Venue. This Agreement will be construed in accordance with and governed exclusively by the laws of the State of Washington applicable to agreements made among Washington residents and to be performed wholly within such jurisdiction, regardless of the parties’ actual domiciles. UpLift and you consent to the exclusive jurisdiction and venue of the state and federal courts of King County, Washington.
This Terms of Service was last updated on 11/19/2019.