Terms of Service Agreement
This Terms of Service Agreement (the "Agreement") is a legally binding contract between you ("User" or "you") and Behaviorly, an online behavioral health training company ("Behaviorly" or "we" or "us"). This Agreement governs your use of the Behaviorly website (the "Website") and any services, content, features, or products provided by Behaviorly through the Website (collectively, the "Services").
By accessing or using the Website and Services, you agree to be bound by this Agreement. If you do not agree with any of the terms or conditions set forth in this Agreement, you must not use the Website or Services.
1. Use of Services
1.1 Eligibility You represent and warrant that you are at least 18 years of age and have the legal capacity to enter into this Agreement. If you are accessing the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to this Agreement.
1.2 Account Registration In order to access certain features of the Services, you may be required to create an account with Behaviorly. You agree to provide accurate, current, and complete information during the registration process. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account or any other breach of security.
2. Intellectual Property
2.1 Ownership All intellectual property rights in the Website and Services, including but not limited to copyrights, trademarks, trade secrets, and patents, are the property of Behaviorly or its licensors. You acknowledge and agree that you do not acquire any ownership rights in the Website or Services.
2.2 Limited License Subject to your compliance with this Agreement, Behaviorly grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and Services for your personal or internal business purposes.
2.3 Restrictions You agree not to: (a) Copy, modify, or distribute the Website or Services; (b) Reverse engineer, decompile, or disassemble the Website or Services; (c) Remove, alter, or obscure any copyright, trademark, or other proprietary notices on the Website or Services; (d) Use the Website or Services for any unlawful purpose or in violation of any applicable laws or regulations; (e) Use the Website or Services to harass, abuse, or harm others; (f) Transmit any viruses, worms, defects, or other harmful code through the Website or Services; or (g) Interfere with or disrupt the integrity or performance of the Website or Services or the data contained therein.
3. User Content
3.1 User Responsibilities You are solely responsible for any content, materials, or information you upload, post, transmit, or otherwise make available through the Website or Services ("User Content"). You represent and warrant that you have all necessary rights and permissions to submit the User Content and that the User Content does not infringe upon any third-party intellectual property rights or violate any applicable laws or regulations.
3.2 License Grant By submitting User Content through the Website or Services, you grant Behaviorly a worldwide, royalty-free, non-exclusive, perpetual, irrevocable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display the User Content in connection with providing the Services and promoting Behaviorly.
4. Disclaimer of Warranties
The Website and Services are provided on an "as is" and "as available" basis, without any warranties of any kind, express or implied. Behaviorly does not warrant that the Website or Services will be uninterrupted, error-free, or free of viruses or other harmful components. Your use of the Website and Services is at your sole risk.
5. Limitation of Liability
To the fullest extent permitted by applicable law, Behaviorly and its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with your use or inability to use the Website or Services.
6. Indemnification
You agree to indemnify and hold Behaviorly and its affiliates, officers, directors, employees, agents, and licensors harmless from any claims, losses, damages, liabilities, judgments, costs, and expenses, including reasonable attorneys' fees, arising out of or in connection with your use of the Website or Services, your violation of this Agreement, or your violation of any rights of another party.
7. Termination
Behaviorly may, at its sole discretion, terminate or suspend your access to the Website and Services at any time and for any reason, including but not limited to your violation of this Agreement. Upon termination, all licenses and rights granted to you in this Agreement will immediately cease.
8. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction where Behaviorly is headquartered, without regard to its conflict of laws principles. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the competent courts in that jurisdiction.
9. Miscellaneous
9.1 Entire Agreement This Agreement constitutes the entire agreement between you and Behaviorly regarding your use of the Website and Services and supersedes all prior and contemporaneous agreements, representations, and understandings, whether written or oral.
9.2 Severability If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
9.3 Waiver The failure of Behaviorly to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
9.4 Updates to the Agreement Behaviorly reserves the right to update or modify this Agreement at any time without prior notice. Any changes to the Agreement will be effective immediately upon posting the revised Agreement on the Website. Your continued use of the Website or Services after any such changes will constitute your acceptance of the modified Agreement.
By using the Behaviorly Website and Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement.