TERMS OF SERVICE

Last updated January 28, 2019

Please note the important information below. 

Please note the rules and restrictions that govern your use of our website(s), products, services and applications (the “services”). If you have any questions, comments, or concerns regarding these terms or the services, please contact us at contact@ajivar.com.

Please note that your use of and access to our services defined below are subject to the following terms; if do not agree to all of the following, you may not use or access the services in any manner.

These Terms of Use (the “Terms”) are a binding contract between you and Ajivar, LLC (“Ajivar,” “we” and “us”). You must agree to and accept all of the Terms, or you don’t have the right to use the services. Your using the services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the services. These Terms include the provisions in this document, as well as those in the Ajivar Privacy Policy (https://www.ajivar.com/privacy-policy/).

Our Services

Ajivar is designed to be a pure self-help program which in some cases may include individualized support and feedback from a Ajivar coach. The Services do not include the provision of medical care, mental health services or other professional services.

USE OF THE SERVICES IS NOT FOR EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY, CALL 911 OR GO TO THE NEAREST OPEN CLINIC OR EMERGENCY ROOM.

IF YOU ARE CONSIDERING OR COMMITTING SUICIDE OR FEEL THAT YOU ARE A DANGER TO YOURSELF OR TO OTHERS, YOU MUST DISCONTINUE USE OF THE SERVICES IMMEDIATELY, CALL 911 OR NOTIFY APPROPRIATE POLICE OR EMERGENCY MEDICAL PERSONNEL.

Privacy

Ajivar takes the privacy of its users very seriously. For the current Ajivar Privacy Policy, (https://www.ajivar.com/privacy-policy/).

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they intentionally collect personally identifiable information online from children who are under 13. We do not intentionally collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible and terminate the associated account. If you believe that a child under 13 may have provided us personal information, please contact us at contact@ajivar.com.

De-identified or anonymized population data may be used in academic research efforts with Ajivar’s research partners. Personal information collected by the Service that may identify a user personally, as an individual, such as name and email, will never be disclosed.

Use of Ajivar

You may be required to sign up for an account and select a password and username/email (“Ajivar User ID”). You agree to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Ajivar User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the services and gotten your parent or guardian to agree to these Terms on your behalf).

If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).

You will only use the services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the services is prohibited by applicable laws, then you aren’t authorized to use the services. We can’t and won’t be responsible for your using the services in a way that breaks the law.

You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.

You represent, warrant, and agree that you will not contribute any content or user submission (each of those terms is defined below) or otherwise use the services or interact with the services in a manner that: 

Infringes or violates the intellectual property rights or any other rights of anyone else (including Ajivar);

Violates any law or regulation; 

Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable; 

Risks the security of your Ajivar account or anyone else’s (such as allowing someone else to log on as you on the services);

Attempts, in any manner, to obtain the password, account, or other security information from any other user;

Violates the security of any computer network, or cracks any passwords or security encryption codes;

Runs Maillist, Listserv, any form of auto-responder or “spam” on the services, or any processes that run or are activated while you are not logged into the services, or that otherwise interfere with the proper working of the services (including by placing an unreasonable load on the services’ infrastructure);

“Crawls,” “scrapes,” or “spiders” any page, data or portion of or relating to the services or content (through use of manual or automated means);

Copies or stores any significant portion of the content and/or share, post or distribute any significant portion of the content elsewhere;

Decompiling, reverse engineering, or other attempts to obtain the source code or underlying ideas or information of or relating to the services.

A violation of any of the foregoing is grounds for termination of your right to use or access the services.

We Do Not Provide Medical Advice.

While the services may provide access to certain general medical information the services cannot and are not intended to provide medical advice. We advise you to always seek the advice of a physician or other qualified healthcare provider with any questions regarding your personal health or medical conditions. Never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified healthcare providers because of something you have read on the website. If you have or suspect that you have a medical problem or condition, please contact a qualified healthcare professional immediately.

You acknowledge that although some of the content that is provided to you on the website, (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession, the provision of such information does not create a medical professional/patient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is provided to assist you in completing your self-help program.

No licensed medical professional/patient relationship is created by using information and/or services provided by or through the use of the website or through any other communications from us. The content of the website and the services are not and should not be considered medical advice or a substitute for individual medical advice, diagnosis or treatment. do not disregard, avoid or delay obtaining medical advice from a qualified healthcare professional because of something you may have read on the website. You should always talk to your medical professionals for diagnosis and treatment. Do not use the website or services for emergency medical needs. If you experience a medical emergency, call 911. Your use of information provided on the website is solely at your own risk. Nothing stated or posted on the website or available through any services is intended to be, and must not be taken to be, the practice of medicine or the provision of medical care.

Ajivar seeks to protect users by providing services only to those who are likely to benefit from the services provided. If your needs appear beyond the scope of guided self-help you will be advised to seek alternative services which can be found through the services of a mental health professional, medical professional, or support organization such as NAMI.

Your rights in Ajivar

The materials displayed or performed or available on or through the services, including, but not limited to text, graphics, data, articles, photos, images, illustrations, user submissions, and so forth (all of the foregoing, the “content”) are protected by copyright and/or other intellectual property laws.

You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any content you access through the services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any content not owned by you, (i) without the prior consent of the owner of that content or (ii) in a way that violates someone else’s (including Ajivar’s) rights.

You understand that Ajivar owns the services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this section), creative derivative works based on, or otherwise exploit any of the services.

The services may allow you to copy or download certain content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply—they do!

Licensing

Anything you post, upload, share, store, or otherwise provide through the services is your “user submission.” Some user submissions may be viewable by other users. In order to display your user submissions on the services, and to allow other users to view them (where applicable), you grant us certain rights in those user submissions.

Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to user submissions that are also your personally-identifiable information.

For all user submissions, you hereby grant Ajivar a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such user submissions, in each case to enable us to operate the services, as described in more detail below. This is a license only – your ownership in user submissions is not affected.

If you submit a user submission with your personal Ajivar account, in a manner that is not viewable by any other user except you (a “Personal user submission”), you grant Ajivar the license above, as well as a license to display, perform, and distribute your Personal user submission for the sole purpose of making that Personal user submission accessible to you and providing the services necessary to do so.

If you share a user submission only in a manner that only certain specified users can view (for example, information that is only available to your coach) (a “Limited Audience user submission”), then you grant Ajivar the licenses above, as well as a license to display, perform, and distribute your Limited Audience user submission for the sole purpose of making that Limited Audience user submission accessible to such other specified users, and providing the services necessary to do so. Also, you grant such other specified users a license to access that Limited Audience user submission and to use and exercise all rights in it, as permitted by the functionality of the services.

You agree that the licenses you grant are royalty-free, perpetual, sublicensable, irrevocable, and worldwide; provided that when you delete your Ajivar account, we will stop displaying your user submissions to other users (if applicable), but you understand and agree that it may not be possible to completely delete that content from Ajivar’s records and that your user submissions may remain viewable elsewhere to the extent that they were copied or stored by other users who had access to such user submissions.

Finally, you understand and agree that Ajivar, in performing the required technical steps to provide the services to our users (including you), may need to make changes to your user submissions to conform and adapt those user submissions to the technical requirements of connection networks, devices, services, or media, and any of the foregoing licenses include the rights to do so.

Copyright Infringement

You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like Ajivar, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable content alleged to be infringing and to terminate the accounts of repeat alleged infringers.

User Responsibility

Any information or content posted or transmitted through the services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we are not liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the content or what actions you may take as a result of having been exposed to the content, and you hereby release us from all liability for you having acquired or not acquired content through the services. We cannot guarantee the identity of any users with whom you interact in using the services and are not responsible for which users gain access to the services.

Our services and the content provided therein are for informational and educational purposes and are not a substitute for the professional judgment and advice of healthcare professionals. The content and the services are not intended to be used for medical diagnosis or treatment. Persons accessing this information assume full responsibility for the use of the information. Ajivar is not responsible or liable for any claim, loss, or damage arising from the use of the information.

You are responsible for all content you contribute, in any manner, to the services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current.

You are responsible for all your activity in connection with the services.

The services may contain links or connections to third party websites or services that are not owned or controlled by Ajivar. When you access third party websites or use third party services, you accept that there are risks in doing so and that Ajivar is not responsible for such risks. We encourage you to be aware when you leave the services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize.

Ajivar has no control over and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the services. In addition, Ajivar will not and cannot monitor, verify, censor or edit the content of any third party website or service. By using the services, you release us and hold us harmless from any and all liability arising from your use of any third party website or service.

Your interactions with organizations and/or individuals found on or through the services are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with interaction with any of these third parties. You agree that Ajivar shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on the services, or between users and any third party, you agree that Ajivar is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Ajivar, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our services.

Change of Services

We are always trying to improve the services, so they may change over time. We reserve the right to suspend or discontinue any part of the services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the services. We will try to give you notice when we make a material change to the services that would adversely affect you, but this isn’t always practical and, therefore, are not obligated to do so. Similarly, we reserve the right to remove any content from the services at any time, for any reason (including, but not limited to, if someone alleges you contributed that content in violation of these Terms), in our sole discretion, and without notice.

Change of Terms

We are constantly trying to improve our services, so these Terms may need to change along with the services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the https://www.ajivar.com website, and/or by sending you an email and/or by some other means.

If you do not agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the services. If you use the services in any way after a change to the Terms is effective, that means you agree to all of the changes.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

Costs

There is a monthly subscription fee to be a part of Ajivar. You must pay all applicable fees for the Services.  Ajivar may be provided free of charge for a certain period of time or to certain individuals.  Please see details of this on our website, www.ajivar.com. 

Termination of Use

You’re free to terminate your use of Ajivar services at any time by contacting us at contact@ajivar.com. Please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our services.

Ajivar also reserves the right to terminate (or suspend access to) your use of the services or your account, for any reason in our discretion, including your breach of these Terms. Ajivar has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Account termination may result in the destruction of any content associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important user submissions you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of Ajivar.

If you have deleted your account by mistake, contact us immediately at contact@Ajivar.com – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.

Provisions that, by their nature, should survive termination of these Terms