Updated: September 28, 2022
PLEASE READ THE TERMS CAREFULLY BECAUSE THE TERMS FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US.
WE RESERVE THE RIGHT IN OUR SOLE DISCRETION TO ALTER THE TERMS WITHOUT ADVANCE NOTICE TO YOU. A CURRENT VERSION OF THE TERMS IS ALWAYS AVAILABLE AT THIS LOCATION. IF YOU USE THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES, IT MEANS YOU ARE AGREEING TO BE BOUND BY THE CHANGES. YOU SHOULD CHECK THE TERMS ON A REGULAR BASIS AND REVIEW THE TERMS AND CONDITIONS THAT APPLY TO YOU SO YOU ARE AWARE OF THE CURRENT RIGHTS AND OBLIGATIONS THAT APPLY TO YOU. PLEASE CHECK THE TERMS BEFORE YOU SUBMIT ANY PERSONAL INFORMATION VIA THE SITE.
OWNERSHIP AND INTELLECTUAL PROPERTY
The Website is owned and operated by NAMI TN. NAMI TN owns all right, title and interest, including patent, copyright, trade secret, trademark and other proprietary rights, in and to the Website and its software, applications, systems, functionality, appearance, design, text, video, audio, images, graphics and content. By accessing or using the Website, you agree and acknowledge that the Website, including all content therein, including, but not limited to, software, graphics, text, video, audio, and the like, including any third-party content, and other materials and information provided on, through, or in connection with the Website (the “Content”), is the property of NAMI TN and/or the property of its affiliates, licensors, suppliers, vendors, advertisers, promotional partners, or third parties identified on the Website as owners of specific content.
In general, you may only use Content for your own individual personal use. Personal use means nothing commercial or even charitable, whether or not money or other compensation or consideration is involved and whether or not it is for your benefit or for someone else. This also means you are not allowed to reproduce, adapt, translate, modify, create derivative works, publish, distribute, disseminate, copy and/or broadcast Content without our express prior written consent.
In addition, you agree that you will not: (i) license, sell, resell, lease or otherwise distribute or grant access to third parties to the Website with or without monetary charge; (ii) create malicious software products, tools, designs, instructions or technologies that negatively impact the Website’s performance, functionality, or interoperability with other applications; (iii) circumvent any technological measure that controls access to the Website or any part thereof; (iv) remove or obfuscate any proprietary notices or labels on the Website; (iv) use the Website for any unlawful or improper purpose; (v) use any robot, spider or other automatic devices or processes to use, access or scan the Website, including to copy material from the Website; or (vi) otherwise attempt to interfere with the proper functioning of the Website.
USER CONTENT SUBMISSIONS
If you choose to submit video, postings, communications, or other Content for use on the Website (“User Content”), you keep ownership to any and all original User Content that is yours, and you grant NAMI TN a license as described below to display the User Content on the Website, in connection with our services, or otherwise to use the User Content as set forth in these Terms. Whether or not your User Content is published on the Website, all such Content you submit shall be treated as non-confidential. NAMI TN has no obligation to take any steps to deidentify or anonymize your User Content. While you don’t have to include your name, your likeness, or any other specific or identifying information in the User Content you submit (except for required information outlined by our submission form), if your video or other User Content conveys your name, your likeness, or other identifying information in the background of your video, you understand and agree that this information may be displayed on the Website or in other materials we may publish or distribute along with your User Content. Accordingly, please review your User Content carefully prior to submission to ensure it contains no information that you are not comfortable sharing publicly with anyone who may have access to our Website or any third party. You can disable access to your User Content by contacting NAMI TN via email at firstname.lastname@example.org with a written request to disable access to your User Content, including sufficient details in your request for NAMI TN to identify and disable such User Content.
By submitting your User Content to the Website, you grant NAMI TN a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sub-licensable through multiple tiers, and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform, commercialize, and otherwise exercise all rights in and to the User Content in any media formats and through any media channels now known or hereinafter invented or discovered for any purpose consistent with the mission and vision of NAMI TN. You also represent and warrant to us to the extent you post, upload or send us User Content that (i) you have the right to give us such license; (ii) you have obtained permission from any individuals appearing in the User Content to use their name, photograph, image, voice and/or likeness; (iii) you hereby give permission on behalf of any minor children that appear in the User Content, to which you are the parent or legal guardian, to use, and grant others the right to use, the minor’s name, photograph, image, voice and/or likeness; (iv) the User Content does not infringe on any intellectual property rights of any third party; (v) the User Content is not defamatory, libelous, slanderous, discriminatory, threatening, false, harassing, obscene or unlawful; and (vi) you are 18 years of age or older. If you do not have the right to license User Content to us (or if you are not sure), do not submit or provide User Content to us. Submitting your User Content does not guarantee that your original User Content will be used on the Website. Such license includes all rights and permissions to reproduce your likeness, name, and any other personal information that you choose to submit as a part of the User Content. You also grant each user of the Website or our services a non-exclusive license to access your User Content, and to use, reproduce, distribute, display, link to, and perform such User Content as permitted under these Terms.
NAMI TN reserves the right to monitor User Content and to remove or decline to post any User Content at any time, for any reason (or for no reason), without notice and at its sole discretion, including, without limitation, if it determines that User Content is inappropriate or fails to comply with these Terms. NAMI TN has no responsibility for the backup of any of any User Content or any lost data resulting from the use, operation, or discontinuation of any aspect of the Website.
DISCLAIMER OF WARRANTIES
THE INFORMATION AVAILABLE ON AND THROUGH THE WEBSITE IS NOT A SUBSTITUTE FOR, THE KNOWLEDGE, SKILL, AND JUDGMENT OF QUALIFIED HEALTH CARE PROFESSIONALS. NAMI TN MAKES NO WARRANTY AS TO THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE CONTENT. SHOULD YOU HAVE ANY HEALTH, MEDICAL, OR DISABILITY QUESTIONS OR CONCERNS, PLEASE CONSULT A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL. YOU HEREBY ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT THE WEBSITE AND ITS CONTENT AND RESOURCES DO NOT CONSTITUTE THE PRACTICE OF ANY MEDICAL, NURSING, OR OTHER PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS, OR TREATMENT. CONTENT ACCESSED ON OR THROUGH THE WEBSITE IS NEITHER COMPLETE NOR EXHAUSTIVE AND DOES NOT COVER ALL DISABILITIES, DISEASES, ILLNESSES, AND PHYSICAL CONDITIONS, OR THEIR MANAGEMENT OR TREATMENT. YOU SHOULD ALWAYS TALK TO YOUR HEALTH CARE PROVIDER FOR SPECIFIC GUIDELINES AND INSTRUCTIONS, INCLUDING THOSE RELATED TO DIAGNOSIS AND TREATMENT OF MEDICAL AND/OR MENTAL HEALTH CONDITIONS. IN PROVIDING THE CONTENT, INFORMATION, AND TREATMENT RESOURCES – AND OFFERING ANY RELATED PRODUCTS OR SERVICES – WE ARE IN NO WAY REPRESENTING OR WARRANTING THAT SUCH INFORMATION, CONTENT, AND TREATMENT RESOURCES IS APPLICABLE OR APPROPRIATE FOR YOUR NEEDS AND/OR CONDITION, OR THAT ANY PARTICULAR SERVICE, PROGRAM, PRODUCT, SUGGESTION, EXAMPLE, OR RESOURCE IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM OR MENTAL HEALTH CONDITION, PLEASE CONTACT A QUALIFIED HEALTH CARE PROFESSIONAL. IF YOU ARE IN THE UNITED STATES AND ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL 911 OR CALL FOR EMERGENCY MEDICAL HELP ON THE NEAREST TELEPHONE.
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. ALL INFORMATION, RESOURCES, AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND NAMI TN EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE AND ALL ELEMENTS THEREOF, WHETHER IMPLIED, EXPRESS, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, SATISFACTORY QUALITY, QUIET ENJOYMENT, ACCURACY AND SUITABILITY OF THIS INFORMATION FOR ANY TREATMENT, CLINICAL OR OTHER PURPOSE, OR THOSE WARRANTIES ARISING FROM A COURT OF DEALING OR TRADE USAGE. NAMI TN MAKES NO WARRANTY THAT THE WEBSITE, CONTENT, USER CONTENT, OR ANY OTHER INFORMATION IS ACCURATE, COMPLETE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED. NAMI TN MAKES NO REPRESENTATION OR WARRANTIES CONCERNING ANY THIRD-PARTY SITES, CONTENT, OR LINKS THAT MAY LINK TO OR FROM THE WEBSITE.
LIMITATION OF LIABILITY
THE WEBSITE IS PROVIDED FOR INFORMATION AND EDUCATIONAL PURPOSES ONLY. NEITHER NAMI TN (INCLUDING ITS DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AFFILIATES, PARTNERS, VENDORS, ADVISORS, AGENTS AND SUBSIDIARIES), NOR ANY OF THE SUPPLIERS OF ANY CONTENT, INFORMATION, OR MATERIAL IN CONNECTION WITH THE WEBSITE, ACCEPTS ANY RESPONSIBILITY FOR DECISIONS MADE BASED UPON THE USE OF THE WEBSITE, INCLUDING ANY CONTENT OR INFORMATION VIA A THIRD-PARTY LINK ON THE WEBSITE. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL NAMI TN, ITS DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AFFILIATES, PARTNERS, VENDORS, ADVISORS, AGENTS, SUBSIDIARIES, LICENSORS, OR CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE (INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY AND ALL CONTENT), MISTAKES, OMISSIONS, ERRORS, OR VIRUSES. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THIS PROVISION WILL APPLY WHETHER OR NOT NAMI TN IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT (INCLUDING WITHOUT LIMITATION ANY AND ALL MATERIAL, INFORMATION, OR SERVICES) THAT MAY BE AVAILABLE FROM TIME TO TIME FROM THE WEBSITE OR NAMI TN OR ITS SUBSIDIARIES AND AFFILIATES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In any event, the foregoing limitations shall apply to the greatest extent permitted by law.
LINKING TO THIRD-PARTY SITES
If you see or use any links or conduits on our Website which allow you to browse, redirect, or visit any other websites, webpages, or other internet or web-based locations, such as social networking platforms or the websites of our partners, that does not mean we are associated with or have endorsed, or reviewed that site or page and we have no obligation, responsibility, or liability to you or anyone else if you go to another website, page, or address outside our Website, even if a link on our site allowed you to do so. Our Website may include embedded content (e.g., videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if you left our Website and visited the other website. When you leave our Website, you are subject to the terms and conditions and other policies of these third-party sites.
The Website is protected under copyright law. You may print one copy and download one copy of the Content to any single computer or device, each for your personal, individual, non-commercial, home use only, provided that you keep intact all copyright and other proprietary notices.
Content on the Website may be reproduced and distributed only with the prior express written permission of NAMI TN.
If you are authorized to act on behalf of a copyright owner, and any material on the Website infringe on the rights of the owner, please notify us at:
1101 Kermit Drive, Suite 605
Nashville, TN 37217
To be effective, your notification must provide us with information that meets the requirements of the US Copyright Act.
NAMI TN may terminate your right to access and the Website at any time, and without notice. If you violate any of these Terms, or any other policy posted on the Website, or if you are a repeat copyright infringer, your permission to access the Website and all other rights granted thereto shall automatically and immediately cease. NAMI TN may immediately terminate your access the Website and all other rights granted thereto.
You shall indemnify, defend, and hold harmless NAMI TN and its directors, officers, employees, volunteers, affiliates, partners, advisors, vendors, subsidiaries, agents, licensors, or content providers against any claims, losses, expenses, liabilities, costs, or damages (including without limitation reasonable attorneys’ fees) arising out of or in connection with your use of the Website.
NAMI TN intends that the Website will be viewed by United States persons for informational purposes only. By choosing to access the Website from any location other than the United States, you accept full responsibility for compliance with all local laws. Content found on the Website may not be appropriate or legal to use outside the United States. You are also subject to United States export controls and are responsible for any violations of United States embargoes or other federal rules and regulations restricting exports.
The law and good citizenship require us to give special treatment to minors. Therefore, please be aware that users under 18 years of age must comply with applicable legal requirements in their jurisdiction. The Website is not intended for children under the age of 13. If you are under the age of 13, please do not use the Website, and instead please speak to a parent or guardian.
ARBITRATION AND GOVERNING LAW
The parties will arbitrate any dispute pursuant to the applicable rules of the Judicial Arbitration and Mediation Services (“JAMS”) or the American Arbitration Association (“AAA”). Any arbitration shall take place in Nashville, Tennessee, before an arbitrator chosen from JAMS or the AAA. Any award shall be final, binding, and conclusive upon the parties, and a judgment rendered thereon may be entered in any court having jurisdiction thereof. The arbitrator may award any form of remedy or relief (including injunctive relief, such as temporary restraining orders, preliminary and permanent injunctions) that would otherwise be available in court. Any award pursuant to said arbitration shall be accompanied by a written opinion of the arbitrator setting forth the reason for the award. To the extent not inconsistent with applicable laws, the arbitrator will have the authority to hear and grant motions and applications, including on an ex parte or expedited basis. The award rendered by the arbitrator shall be conclusive and binding upon the parties hereto, and judgment upon the award may be entered, and enforcement may be sought in, any court of competent jurisdiction. The prevailing party in any dispute relating to this Agreement shall be entitled to recover associated costs, including reasonable attorneys’ fees.
Both you and NAMI TN agree that either party may bring suit in court to enjoin infringement of intellectual property rights.
Should any dispute proceed to court, the parties agree to waive any right to a trial by jury.
The failure by NAMI TN to exercise or enforce any rights or provisions of these Terms shall not constitute a waiver of such right or provision or any other provision of these Terms.
SURVIVAL, SEVERABILITY, AND CONSTRUCTION
Each provision in these Terms regarding representations and warranties, indemnification, disclaimers, and limitations on liability shall survive any termination of these Terms and if otherwise legally unenforceable due to its breadth, shall be interpreted in such a manner as to preserve its enforceability, while maintaining with the least change in scope. If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.