Terms of Use

Introduction

Kindred Connection LLC (“Our”, “Us”, or “We”) is the owner and operator of this website (https://www.rockindredconnection.org/). The website contains content that is provided as a service to users who agree to abide by the terms of use and conditions (the “Terms of Use”). Your right to use the website is governed by the Terms of Use, as well as all applicable laws and regulations, in effect at the time of Your use of the website. If You do not agree with these Terms
of Use, You are not authorized to access or otherwise use the website or any of its contents. By using the website in any way, You are agreeing to the Terms of Use. These Terms of Use may be changed at any time at Our discretion. Any changes to these Terms of Use are effective upon posting to the website at:
https://www.rockindredconnection.org/terms-of-use , which You should visit periodically to keep apprised of any changes. If You disagree with any changes to Our Terms of Use, your sole and
exclusive remedy is to discontinue your use of the website. Your continued use of the website after a change has been posted constitutes your acceptance of the changes.

Consultative Services

Mental health consultative services are provided only through appropriately licensed mental health professionals. If You are in need of professional mental health services, please contact one of the mental health providers listed on the website. Each mental health professional listed on our website has subscribed to be a member of Our Provider Network and We do not endorse any provider over any other provider.

Ownership of Information Submitted Through the Site

With the exception of any personal data or information you submit maintained in accordance with Our Privacy Policy (which may be governed by the “Health Insurance Portability and Accountability Act,” Pub. L. 104-191, and its related regulations and amendments from time-to- time (collectively, “HIPAA”), the “Health Information Technology for Clinical Health Act, Pub.
L. 111-5, and its related regulations and amendments from time-to-time (collectively, “HITECH”),” or related state-specific privacy laws and regulations), you acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to https://www.rockindredconnection.org/ are non-confidential and We will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Your Consent

You agree that your use of the website is subject to your agreement with all of these Terms of Use. You agree you will not violate any local, state, federal, or international laws in using this website or accessing the website.

Acceptable Use

Subject to your compliance with these Terms of Use, We grant you a personal, limited, revocable, non-exclusive, non transferable, royalty-free license to view, download, access, and use the website solely for your personal and non-commercial use. Any unlawful use of this website or use inconsistent with these Terms of Use is prohibited and will result in, at a minimum, an automatic termination of this license. We expressly reserve all rights, title, and interests not expressly granted under this license. We further reserve the right, in Our sole and exclusive discretion, to deny or suspend use of the website or Services to anyone for any reason. Except as We expressly authorize, you agree you will not, directly or indirectly, and will not attempt to: (a) impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity; (b) use the website to violate any local, state, national, or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the website; (d) distribute, input, upload, transmit, or otherwise run or propagate any virus, application, Trojan horse, or any other harmful computer code that could damage or alter a computer, portable device, computer network, communication network, data, or Our website, or any other system, device, or property; (e) access or use the website in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third-party; (f) use or access the website to create or develop competing products or services or for any other purpose that is to the detriment or commercial disadvantage of https://www.rockindredconnection.org/, its owners or their respective affiliates; (g) take any action or use the website in any manner that could damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner Our website or any content, in whole or in part; (h) disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to Our website or any computer network; (i) bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure We have implemented to protect the Site; (j) remove, delete, alter, or obscure any trademarks, specifications, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from Our website or any content made available to you on or through Our website; (k) use any manual process or automated device to monitor or copy any content made available on or through Our website for any unauthorized purpose except as permitted by this section; (l) copy, duplicate, download, store in a retrieval system, publish, transmit, or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database or otherwise use in any form or by any means any data, text, reports, or other materials related to https://www.rockindredconnection.org/ or third-party content from the website; (m) engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods; (n) otherwise use the website in any manner that exceeds the scope of the license granted above; or (o) encourage or enable any other individual to undertake any of the conduct listed in this section.

Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL KINDRED CONNECTION LLC, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

The limitation of liability set out above does not apply to liability resulting from Our gross negligence or willful misconduct. The foregoing sections entitled, “DISCLAIMER OF WARRANTIES” and “LIMITATION OF LIABILITY” are intended only as permitted by applicable law. If any portion of these sections is held to be invalid, the invalidity of that portion(s) shall not affect the validity of the remaining portions of the applicable sections. To the extent that We may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of Our liability will be the minimum permitted under such applicable law.

Limitation on Time to File Claim

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Governing Law; Dispute Resolution; Venue; Severability of Provisions

These Terms of Use and Your use of the website shall be governed by the laws of the State of New York, without giving effect to the principles of conflict of laws. Any dispute arising under or relating in any way to these Terms of Use will be resolved exclusively by final and binding arbitration in Rochester, New York under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction. The parties agree the courts located in Rochester, New York shall have exclusive personal jurisdiction, subject matter jurisdiction, and venue for any such claim. All parts of these Terms of Use apply to the maximum extent permitted by law. We and You both agree that if a party cannot enforce a part of these Terms of Use as written, then that part will be replaced with terms that most closely match the intent of the part the party cannot enforce, to the extent permitted by law. The invalidity of part of these Terms of Use will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.

Assignment

You may not assign any of Your rights under these Terms of Use, and any such attempt will be null and void. We and Our affiliates may, in their sole and exclusive discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms of Use if some or all of Our business is transferred to another entity by way of merger, sale of its assets, or otherwise.

Waiver

No waiver by Us of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms of Use shall not constitute Our waiver of such right or provision.

Entire Agreement

The Terms of Use, specifically including, without limitation, Our Privacy Policy constitute the sole and entire agreement between You and Us regarding the website and supersede all prior and contemporaneous understandings, agreements, representations, wand warranties, both written and oral, regarding the website.

Services

The website is intended to facilitate the provision of the non-professional services provided by Kindred Connection LLC. Kindred Connection LLC is a network of professional mental health providers with a demonstrated interest in offering support to the perinatal community. The website, and all content posted thereon, is indented to be a platform that acts as a support network connecting mental health professionals with one another, as well as connecting individuals with appropriate mental health services. WE DO NOT PROVIDE PROFESSIONAL SERVICES We do not directly offer licensed mental health services. The website and its content including,
without limitation, any text, graphics, and images, are intended to be general, marketing, or educational in nature and should not be considered or used as a substitute for a visit with a
mental health professional. Neither the website nor any of its content are intended to be a substitute for professional mental health services, diagnosis, or treatment and should not be
considered professional mental health advice or mental health treatment for any specific mental health conditions.

Privacy Policy

We are committed to protecting your privacy. For the most part, you can navigate our website without giving Us any personal information about yourself. However, in some circumstances,
We must collect information about you in order to provide you with the information or services
you are requesting.
Description of What Information May be Collected

Description of How Collected Information is Used

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Exceptions
Except as described above, We will not otherwise use or disclose any of your personally identifiable information except to the extent necessary:
- To correct technical problems and malfunctions and when We process your information;
- To protect the security and integrity of Our website;
- To take precautions against liability;
- To comply with laws, including rules of professional conduct and ethics, or to respond to a judicial process; and
- To provide information to law enforcement agencies or for an investigation on a matter applicable or otherwise required or permitted by law.

Data Security
We take all necessary steps to maintain data accuracy, ensure correct use of information, and prevent unauthorized access which include appropriate physical, electronic, and managerial
procedures.

Childrens’ Privacy
By using Our website, you are certifying that you are at least eighteen (18) years of age. If you are between the ages of 13 and 18 years old, you may only use the website with the approval of your parent or legal guardian. Our website is not intended for children under thirteen (13) years
of age. No one under the age of thirteen (13) may provide any information to or on Our website We do not knowingly collect personal information from children under the age of thirteen (13). If you are under the age of thirteen (13), you are not permitted to provide Us with information about yourself including, without limitation, your name, address, telephone number, email address, or any screen or usernames.

Ownership of Website Content, Trademarks

We are the sole and exclusive owner of all right, title, and interest in and to the website and its content, features, and functionality (including, without limitation, all information, intellectual property such as trademarks and copyrights, software, text, displays, images, video, audio, design, selection, arrangement and look and feel), other content, and all intellectual property rights therein, and any suggestions, ideas or other feedback provided by you. You are not permitted to reproduce, publish, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the material on Our website except as generally and ordinarily permitted through the website according to these Terms of Use. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the website or content shall be owned solely and exclusively by Us or Our licensors, including all intellectual property rights therein. You may not access or use for any commercial purposes any part of the website or content. Nothing in these Terms of Use or on the website may be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the website or the intellectual property, except as expressly stated herein. Certain names, logos, and other materials displayed in and through the website may constitute trademarks, trade names, service marks or logos of Kindred Connection LLC or its affiliates. You are not authorized to use any such marks without Our express written consent.

Links to Third Party Websites

The website may contain hyperlinks or references to other websites (“Linked Sites”) operated by third-parties. The Linked Sites may not be under Our control, and We are therefore not responsible for the information, products, or services described on Linked Sites, or for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these Linked Sites to you only as a convenience, and the inclusion of any link does not necessarily imply endorsement of the Linked Site or any association with its operators.

Site Access; Termination

The Terms of Use will remain in full force and effect as long as you continue to access or use the website. Your permission to use the website automatically terminates if you violate these Terms of Use. We reserve the right to prohibit, restrict, suspend, discontinue, or terminate your access to the website or, and any rights or licenses granted in association therewith, in whole or in part, with or without prior notice, at any time, and based on Our sole and exclusive discretion. The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Disclaimer of Warranties; Limitation of Liability; Limitation on Time to File a Claim, Indemnification; Governing Law, Dispute Resolution, Venue, Severability of Provisions; No Waiver; and Assignment.

Disclaimer of Warrantees 

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS"; AND "AS AVAILABLE"; BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER KINDRED CONNECTION LLC NOR ANY PERSON ASSOCIATED WITH KINDRED CONNECTION LLC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER KINDRED CONNECTION LLC NOR ANYONE ASSOCIATED WITH KINDRED CONNECTION LLC REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, KINDRED CONNECTION LLC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

Indemnification

You agree to indemnify, defend, and hold harmless Us and Our affiliates (including without limitation all affiliated professionals), subsidiaries, and their directors, officers, employees, contractors, licensors, suppliers, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys, harmless from and against any and all third-party suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, reasonable attorneys’ fees, litigation expenses, and accounting fees), relating to or arising from, or alleged to arise from, Your use of materials or features available on the website in an unauthorized manner, fraud, violation of law, or willful misconduct, or any breach by You of these Terms of Use.

Remedies

You agree any violation, or threatened violation, by You of these Terms of Use constitutes an unlawful and unfair business practice that will cause Us irreparable and unquantifiable harm. You also agree monetary damages would be inadequate for such harm and consent to Our obtaining any injunctive or equitable relief that We deem necessary or appropriate. These remedies are in addition to any other remedies We may have at law or in equity.

Digital Millennium Copyright Act

We comply with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to Internet service providers (17 U.S.C. § 512, as amended), and respond to clear notices of alleged copyright infringement. This Section describes the procedure that should be followed to file a notification of alleged copyright infringement with Us. Any notification under 17 U.S.C. § 512(c) alleging copyright infringement must include the following information (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right being infringed; (b) an identification of the copyrighted work or other intellectual property that You claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) an identification of the content or material that You claim is infringing and where it is located on Our website; (d) information sufficient for Us to contact You, such as Your address, telephone number, and email address; (e) a statement by You that You have a good-faith belief that the use of the content or material of which You are complaining is not authorized by the copyright owner, its agent, or the law; and (f) a signed statement by You that the above information in Your notice is accurate and that, under penalty of perjury, You are the copyright owner or authorized to act on the copyright owner’s behalf.

How to Contact Us

This website is operated by Kindred Connection LLC. All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: jennahinelcsw@gmail.com.