Welcome to the https://www.anchorbehavioralhealth.com/ website and its services (collectively, the “Site”) operated by Anchor Behavioral Health, LLC, a Hawaii limited liability company. By visiting and using this Site you will be accepting these Terms of Use ("TOU"). The TOU governs your access to and use of the Site and any of the Services we provide through the Site (together the “Services”). Please read them carefully and if you disagree with the TOU in any way, then do not use this Site or any of the Services. Anchor Behavioral Health reserves the right to post changes to the TOU on this Site at any time. If we make any material changes to this TOU, we will post the updated TOU here, along with its effective date, and notify you by email or by means of a notice on our Site. If any TOU changes are not acceptable, you must stop your use of this Site. In these TOU, "Anchor Behavioral Health" and "we" refer to Anchor Behavioral Health, LLC, and "User" or "you" refer to each visitor to this Site.

If you subscribe/purchase/retain to any Services offered through this Site, you may also be subject to additional terms and conditions applicable to such Services, if any.

Sites and Services

We do not guarantee that access to or use of this Site or any Services will be uninterrupted or error free, and Anchor Behavioral Health shall not be liable for any feature not being accessible or for any unavailability of its Site and Services. The Site and its features may be expanded, limited or modified at any time by Anchor Behavioral Health to meet the needs of its Users, or for technical or other reasons, without advance notice or reason. We may also in our sole discretion, and at any time, discontinue providing, temporarily or permanently, any or all of the Site or Services, without notice. To access some of the content or features of the Site or its Services, Users may need to enhance or update the hardware or software in their computer systems. Anchor Behavioral Health assumes no responsibility for any failure to access the Site or any Services, partially or fully, whether due to the User's system, the Internet network or any other cause.

Non-Licensed Services

While Anchor Behavioral Health does provide licensed health care services, the Site does not provide any professional licensed services, such as but not limited to, medical advice and diagnosis, medical treatment, psychology, or psychiatric services.  Nothing in this Site or through use of the Site creates a provider-patient relationship.  You should not send us any protected health information (PHI as defined under HIPAA) through this Site.

Minors

We do not provide information or services to minors, and if you are under 18, and at least 13 years of age, you may only use this Site and/or the Services with the active involvement of a parent, guardian or other supervising adult. You may not use this Site if you are under 13 years of age.

Message Web Site Content Limitations

We make no guarantees as to the accuracy, thoroughness or quality of the information on this Site or through the Services, which is provided only on an “AS-IS” and “AS AVAILABLE” basis at User’s sole risk. Information may be provide by third parties, and Anchor Behavioral Health shall not be responsible or liable for any errors, omissions or inaccuracies in the Site content. The information provided at this Site are neither comprehensive nor appropriate for every individual. Some of the information is relevant only in the U.S. and may not be relevant to or compliant with the laws, regulations or other legal requirements of other countries. It is your responsibility to determine whether, how and to what extent your intended use of the information and Services will be technically and legally possible in the areas of the world where you intend to use them. You are advised to verify any information before using it for any purpose. In addition, the opinions and views expressed in any article on this Site are solely those of the author(s) and may or may not reflect the opinions of Anchor Behavioral Health or its management. The Site content and services may be modified at any time by us, without advance notice or reason, and Anchor Behavioral Health shall have no obligation to notify you of any corrections or changes to any Site content.

License to Use Site Content

We grant you a limited personal use license to access, display, download, format and print portions of this Site content solely for your own personal non-commercial use, provided that the content is not modified and all proprietary notices are kept intact. You may not reproduce, publish, translate, merge, sell, rent, distribute the content, or create a derivative work of the content on any other website or as part of any educational, training or reference materials. You may not frame or utilize framing techniques to enclose any content on this Site.

Third Party Content

Any testimonials, opinions, advice, product or service offers, or other information or content made available on or through this Site by third parties (“Third Party Content”) are solely those of their respective providers and not of Anchor Behavioral Health which does not guarantee the accuracy, completeness, reliability or usefulness of Third Party Content. It is the responsibility of the User to evaluate Third Party Content and Anchor Behavioral Health shall not be liable for any damage or loss caused by Users’ reliance on or other use of Third Party Content.

Content Shared by Users

To the extent we enable you to, and you choose to post or share any content or materials, you will be: (a) granting Anchor Behavioral Health a fully transferable, sub-licensable (with rights to sublicense, including, without limitation, through multiple tiers) to display, perform, reproduce, modify, transfer, distribute and create derivative works from the User Content and to associate your public profile information (if any) with such User Content, in any media formats and through any channels (whether now known or hereafter developed) and waiving any moral rights in favor of Anchor Behavioral Health with respect to such use of the User Content; (b) granting Anchor Behavioral Health a perpetual, world-wide, royalty-free, fully paid-up, non-exclusive license to allow your materials to be edited and displayed by Anchor Behavioral Health on its Site, and accessed by Users, for the purposes and on the terms as set out in these TOU; (c) agreeing to indemnify and hold harmless Anchor Behavioral Health and its Users from any claim or demand made by any third party due to or arising out of your User Content; and (d) representing that you own or otherwise have the right to post the User Content, that the User Content is accurate, that use of the User Content on the Site does not violate any laws, and that the materials will not cause injury to any person, including without limitation to the intellectual property, personal or privacy rights of others. Anchor Behavioral Health shall have the right to use your name in connection with your posted User Content. Anchor Behavioral Health reserves the right to remove or modify any User Content for any reason, including without limitation, if we believe it violates these TOU.

If you choose to post any User Content and interact with other users, if applicable, please be respectful of other users and use common sense when posting comments. Remember that anything you post online may be perpetually available and is not confidential or private. Do not post anything you would not be comfortable sharing or being made public. 

Anchor Behavioral Health Widgets

Anchor Behavioral Health may, in its sole discretion, provide certain widgets subject to this TOU (the “Widgets”). By accessing and using any Widget (including copying any Widget html code), you agree to be bound by the following:

• You may only display the Widget(s) on a website you own and operate;

• You may not modify any Widget including without limitation that you may not change any code, obscure or disable any element of any Widget, tag links to Anchor Behavioral Health with a “no follow” attribute or similar mechanism;

• You agree not to make any representations or warranties (express or implied) about Anchor Behavioral Health or the Site;

• You may not suggest or imply any affiliation with, sponsorship, or endorsement by Anchor Behavioral Health;

• You may not place the Widget on any site that contains any content that is in any way unlawful, harmful, obscene, harassing, or racially, ethnically, or otherwise objectionable. Additionally, you may not place the Widget on any site that infringes any Anchor Behavioral Health intellectual property or other rights, or violates any applicable law;

• Anchor Behavioral Health grants you a non-transferable, non-exclusive, revocable right to download/display the Widget solely in accordance with the terms of TOU (ii) solely in connection with the Widget, to use our logos, trademarks, trade names and other intellectual property contained in the Widget. This TOU does not grant you any right in any Anchor Behavioral Health code, content, logos or trademarks beyond the limited permission to display the Widget granted herein.

• Anchor Behavioral Health reserves the right at any time to terminate or modify your permission to display the Widget. The Widgets are subject to change from time to time in our sole discretion. We may cease to return content from the Widget at any time in our sole discretion.

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Account Creation

Some of the Services offered by Anchor Behavioral Health may require you to create an account. When you create an account, you agree that you have the authority to create that account and that all information you provide will be true, accurate, current, and complete. You are solely responsible for keeping your login information (e.g., user ID and password) accurate, secure, and confidential. You are also responsible for any activity resulting from use of your login information. You agree to immediately inform us if you suspect that your login information has been compromised. We are not liable to you for any losses or damages you incur resulting from unauthorized use of your login information.

Social Sign in

If you login or sign in using social networking functionality, e.g., Instagram, Facebook, X, google, etc. you agree to abide by the applicable social network’s terms and conditions.

Webinars

 In the event that Anchor Behavioral Health makes webinars available (each a “Webinar” and together “Webinars”), the below applies in addition to the rest of the terms of this TOU. You understand and agree to receiving communications from Anchor Behavioral Health and/or providers of these Webinars, including as set forth in the “Communications” section of this TOU. Anchor Behavioral Health reserves the right at any time and for any reason and without notice to you, to change, modify, suspend, or cancel access to and/or any and all of the Webinars and/or services related to the Webinars, in whole or part.

All Webinar content is owned by or licensed to Anchor Behavioral Health and/or its licensed content providers, and all such rights are reserved. You may not reproduce, upload, transmit, distribute, publicly display, sell, publish, copy, or otherwise use the Webinar, and/or any content or materials provided in connection with any Webinar for any commercial purpose without Anchor Behavioral Health’s express written consent.

The appearance of any instructor in any Webinar is not and shall not be deemed an endorsement or recommendation of that instructor by Anchor Behavioral Health and the views expressed in any Webinar are those of the instructor and not Anchor Behavioral Health.

Compliance with Laws

You agree to comply with all applicable laws in connection with your purchasing and/or viewing of any services. Further, access to our services from certain territories is prohibited. You agree that you will not violate any data export laws in connection with your purchase and/or viewing of the services if you reside outside the United States.

Any Anchor Behavioral logos and/or trademarks that appear are our property and may not be used without our express written consent. All other trademarks, service marks and logos used in connection with any service, with or without attribution, are the trademarks, services, or logos of their respective owners and may not be used without their express written consent.

Indemnification

You agree to indemnify and hold Anchor Behavioral Health harmless from and against any claims arising out of or related to your use of the Anchor Behavioral Health’s Site and services, including without limitation, for your violation of any law or regulation or if your use infringes or otherwise violates any intellectual property or other proprietary right of Anchor Behavioral Health or any person or entity.

Viruses

Anchor Behavioral Health does not guarantee that files available for downloading through its Site will be free of infection or viruses or other code that may have contaminating or destructive properties. You are responsible for implementing sufficient procedures, software, and checkpoints to satisfy your particular requirements for integrity, security and accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. 

Advertisers Are Not Endorsed

Though we seek to partner with quality companies, we are not responsible for the claims or representations made by advertisers and sponsors. Anchor Behavioral Health does not review, endorse or recommend the products or services of any company mentioned on our Site, unless expressly stated. We will not be liable in any way for damages of any kind resulting out of the misuse of any personal information or data submitted by you to an advertiser or sponsor.

Links

As a convenience to Users, the Site and Services may provide links to other sites or resources. Because we do not review and have no control over such sites and resources, Anchor Behavioral Health shall not be responsible or liable for use of or reliance on any content, products, services or information at such sites or resources. Inclusion of any links does not imply any endorsement, affiliation, approval, association or sponsorship by Anchor Behavioral Health of the linked websites, resources, their operators or owners. When you select a link, you may be leaving our Site. The information available on third parties websites may have certain restrictions on its use or distribution which differ from this TOU.

Prohibited Conduct

The following activities are strictly prohibited:

• Sharing unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation (“Spamming”);

• Sharing for any unlawful or fraudulent purpose (including links);

• Sharing of personal or confidential information (of yourself or anyone else);

• Sharing materials containing viruses or other malicious or destructive code;

• Sharing of offensive content including profanity, obscenity, racist or pornographic material;

• Engaging in any activities that are defamatory, violate the personal privacy rights of others, or infringe any person's rights, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law;

• Sharing any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, degrading to others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification or otherwise objectionable in any way;

• Copying, modifying, creating a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the Site or Services;

• Removing or obscuring the copyright notice or other notices displayed in connection with the content accessible through the Site or Services;

• Interfering with or disrupting the Site functionalities, Services, or servers and networks connected to Site, or disobeying any requirements, procedures, policies, or regulations of networks connected directly or indirectly to the Site;

• Modifying the Site or Services in any manner or form, or using modified versions of the Site or Services, including (without limitation) for the purpose of obtaining unauthorized access to the Site or Services;

• Reproducing, printing, caching, storing, or distributing content retrieved from the Site or Services in any way not authorized by this TOU or for any commercial use without the prior written permission of Anchor Behavioral Health;

• Selling, assigning, sublicensing, or otherwise transferring any right in the Services or content accessible through the Site;

• Accessing the Site or Services by any means other than through the interface that is provided by Anchor Behavioral Health;

• Using the Site or Services to violate any law (whether local, state/provincial/territorial, national, or international), whether or not intentionally;

• Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with any person or entity;

• Manipulating identifiers in order to disguise the origin of any question, answer or comment you post on the Site;

• Engaging in "screen scraping," "database scraping,"; and/or

• Facilitating violations of this TOU or the Privacy Policy.

Privacy

This Site may collect personal information from some Users. Please review our Privacy Policy to understand what information we collect and store, how that information is used, how we may share that information, and your rights in connection with your personal information. The Privacy Policy is incorporated by reference and made a part of this TOU.  You should not share with us or any other user, any information that is confidential to you or a third party.  

Communications

When you visit our Site, use any of our Services, or send us an email, you expressly indicate your consent to electronically receive any and all communications, notices, and our disclosures that we may provide in connection with your use of the Site and/or Services, including, without limitation, e-mail, in-app, and in-website chat communications. All agreements, notices and communications that we provide to you by email will satisfy all legal requirements that they be in writing and delivered to you. Anchor Behavioral Health will have the right to disclose any email sent by a User, or any objectionable material, to comply with legal process or to protect the rights or property of Anchor Behavioral Health, its customers, suppliers and Users. Any such notices may also include emails with promotional, marketing, and advertising information and recommendations that we believe may be of interest to you, in accordance with applicable law. Consistent with federal CAN-SPAM or anti-spam laws, if you do not wish to receive commercial emails, you may unsubscribe following the instructions on any email, excepting that we may still send you administrative and transactional notices, including, without limitation, information about your Account, information relating to the administration of our services with you, or other services that may be necessary to provide you with any one of the Services.

If you provide your telephone number to us when you register for an Account or use other Anchor Behavioral Health Services on the Site, you expressly consent to receive autodialed or prerecorded calls and text messages from Anchor Behavioral Health at that number. If a telephone number is a mobile telephone number, you hereby consent to receive SMS or text messages at that number. We may place such calls or texts to (i) notify you about your account and any use thereof; (ii) provide you with services associated Anchor Behavioral Health’s business, etc.; (iii) troubleshoot problems with your account; (iv) resolve disputes; (v) contact you with offers and promotions; or (vii) as otherwise necessary to service your account or enforce these TOU, our policies, applicable law, or any other agreement we may have with you. We will not share your phone number with third parties for their purposes without your consent. We may share your phone numbers with our Affiliates or with our service providers, such as customer support, billing or collections companies, who we have contracted with to assist us in pursuing our rights or performing our obligations under these TOU, our policies, applicable law, or any other agreement we may have with you. You agree these parties may also contact you using autodialed or prerecorded calls and text messages, as authorized by us to carry out the purposes we have identified above, and not for their own purposes. Standard telephone minute and text charges may apply.

You understand and consent that we may, in our discretion, monitor or record telephone conversations you or anyone acting on your behalf has with us or our agents for quality control and training purposes or for our own protection. You acknowledge and understand that, while your communications with us may be overheard, monitored, or recorded, not all telephone lines or calls may be recorded by us, and we do not guarantee that recordings of any particular telephone calls will be retained or retrievable.

Feedback

We welcome all feedback, ideas, inventions, materials, and suggestions (“Feedback”) from our Users regarding our Services. You understand and agree that Anchor Behavioral Health does not waive any rights to use similar and/or related Feedback previously or contemporaneously known to it, whether developed by its employees, contractors, obtained from other sources, or submitted by other Users. Further, by submitting any Feedback, you grant us the right to use the Feedback without any restrictions on the use of such Feedback or any compensation to you.

Proprietary Rights

Anchor Behavioral Health Site and its content are protected by copyright, trademark, and other proprietary laws. See our Copyright Notice.

Reporting Copyright Infringement

Anchor Behavioral Health takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. For U.S. users, if you believe any materials accessible on or from the Site infringes your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to our Copyright Agent (designated below). In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

• Your physical or electronic signature.

• Identification of the copyrighted work you believe to have been infringed, or, if the claim involves multiple works on the website, a representative list of such works.

• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.

• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, e-mail address).

• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.

• A statement that the information in the written notice is accurate.

• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

• You may submit your DMCA Notice to the address below:

Anchor Behavioral Health, LLC

P.O. Box 190584

Hawi, HI 96719

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on this website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Repeat Infringers. It is our policy in appropriate circumstances to disable access to this Site and/or terminate the accounts of users who are repeat infringers of these TOU.

Local Availability

Although Anchor Behavioral Health offers services in many parts of the world, certain Anchor Behavioral Health services may not be available in or suitable for certain countries or locales. We reserve the right to discontinue or to make changes to, our Site and any of our Services at any time without advance notice. 

DISCLAIMER OF WARRANTIES

THE SITE AND SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NO CONTENT ON OUR SITE IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER MEDICAL, FINANCIAL, LEGAL OR OTHERWISE. YOUR USE OF THE SITE, THE WIDGETS AND SERVICES IS AT YOUR SOLE RISK. THE SITE, THE WIDGETS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ANCHOR BEHAVIORAL HEALTH MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE, THE WIDGETS OR SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, THE WIDGETS, AND SERVICES WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE. TO THE GREATEST EXTENT PERMITTED BY LAW, ANCHOR BEHAVIORAL HEALTH DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE USE OF THE WIDGETS THE SITE, AND ITS SERVICES, OR THE ACCURACY, COMPLETENESS, TIMELINESS OR CURRENTNESS OF ITS CONTENT, IN ANY WAY AND FOR ANY PURPOSE.

EXCLUSION OF CONSEQUENTIAL DAMAGES

IN NO EVENT WILL ANCHOR BEHAVIORAL HEALTH BE LIABLE FOR ANY INCIDENTAL, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WIDGETS THIS WEBSITE OR ANY OF ITS SERVICES OR CONTENT, OR LOSS OF DATA, EVEN IF ANCHOR BEHAVIORAL HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE.

EXCLUSION OF LIMITATIONS AND DISCLAIMERS

BECAUSE SOME JURISDICTIONS, SUCH AS NEW JERSEY, RESTRICT OR DO NOT ALLOW THE DISCLAIMER OF WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS ANCHOR BEHAVIORAL HEALTH'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

General

This TOU, and any applicable TOS, constitute the entire agreement between each User and Anchor Behavioral Health governing the User's access to and use of the Site and its Services, and supersede all prior agreements regarding its subject matter. The TOU shall be governed by the laws of the State of Hawaii without giving effect to any principles of conflicts of laws. Each User hereby attorns and agrees to the non-exclusive jurisdiction of the courts of Honolulu, Hawaii.

The failure by a User or Anchor Behavioral Health to exercise any right or to enforce any provision of this TOU shall not constitute a waiver of such right or provision. If any provision of this TOU is found by a court of competent jurisdiction to be invalid or unenforceable, the court shall give effect to the intentions reflected in the provision to the degree possible, and the other provisions of this TOU will remain in full force and effect.

The parties have agreed that this contract and all related documents be drafted in English. 

This TOU may be superseded by subsequent agreement executed between User and Anchor Behavioral Health.