Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site.
Support Groups Central, Inc. dba Peer Support Solutions ("SGC"), the owner of the Hey Peers website, may revise and update these Terms and Conditions at any time. Your continued usage of the Hey Peers website ("HP Site" or the "Site") will mean you accept those changes.
ARBITRATION NOTICE: THESE TERMS AND CONDITIONS CONTAIN AN ARBITRATION CLAUSE BELOW. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND SGC AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND SGC WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
The Site Does Not Provide Healthcare Advice
The contents of the HP Site, such as text, graphics, images, information obtained from SGC's licensors, and other material contained on the HP Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional healthcare advice, diagnosis, or treatment. Always seek the advice of licensed healthcare provider with any questions you may have regarding a healthcare issue. Never disregard professional healthcare advice or delay in seeking it because of something you have read on the HP Site!
If you think you may have a medical emergency, call your doctor or 911 immediately. SGC does not recommend or endorse any specific tests, licensed healthcare professionals, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by SGC, SGC employees, others appearing on the Site at the invitation of SGC, or other visitors to the Site is solely at your own risk. The Site may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site.
We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
Use of Content
SGC authorizes you to view or download a single copy of the material on the HP Site solely for your personal, noncommercial use if you include the following copyright notice: "Copyright © 2020, Support Groups Central. All rights reserved" and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the HP Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.
The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with SGC or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of SGC. All rights not expressly granted herein are reserved to SGC and its licensors.
If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
While we're not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including to provide and develop the Services or if we think your content violates these Terms and Conditions. You alone, though, remain responsible for the content you create, upload, post, send, or store through the Service.
Liability of SGC and Its Licensors
The use of the HP Site and the Content is at your own risk. When using the HP Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of SGC and its suppliers. Accordingly, SGC assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the HP Site.
The HP Site and the content are provided on an "as is" basis. SGC, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, SGC, its licensors, and its suppliers make no representations or warranties about the following:
The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the HP Site or SGC.
The satisfaction of any government regulations requiring disclosure of information or the approval or compliance of any software tools with regard to the Content contained on the HP Site.
In no event shall SGC, its licensors, its suppliers, or any third parties mentioned on the HP Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the HP Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not SGC, its licensors, its suppliers, or any third parties mentioned on the HP Site are advised of the possibility of such damages. SGC, its licensors, its suppliers, or any third parties mentioned on the HP Site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. SGC, its licensors, its suppliers, or any third parties mentioned on the HP Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, content (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
If you make any such submission you agree that you will not send or transmit to SGC by email, (including through the email addresses listed on the "Contact Us" page) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to SGC by email, you agree such submission is non-confidential for all purposes.
If you submit any business information, idea, concept or invention to SGC by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted-SGC a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. SGC may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to SGC by email. We try to answer every email in a timely manner but are not always able to do so.
HP Meetings and Chat Rooms
If you participate in our meetings or chat rooms, you are solely responsible for your participation, the consequences of your participation, and your reliance on your experience. SGC is not responsible for the consequences of anyone's participation in our meetings or chat rooms. If you think you may have a healthcare emergency, call your licensed healthcare professionals or 911 immediately.
In consideration of being allowed to participate in our meetings or chat rooms, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
Using meetings or chat rooms for any purpose in violation of local, state, national, or international laws;
Posting or mentioning material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
Posting or mentioning material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by SGC in its sole discretion;
Posting or mentioning advertisements or solicitations of business;
After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
Posting or mentioning chain letters or pyramid schemes;
Impersonating another person;
Distributing viruses or other harmful computer code;
Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments; consent;
Allowing any other person or entity to use your identification for posting, participating or viewing comments;
Posting the same note more than once or "spamming";
Engaging in any other conduct that restricts or inhibits any other person from using or enjoying our meetings or the Site, or which, in the judgment of SGC, exposes SGC or any of its customers or suppliers to any liability or detriment of any type.
SGC Reserves the Right (but is Not Obligated) to Do Any or All of the Following:
Record the dialogue in our meetings.
Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
Terminate a user's access to any or all meetings and/or the HP Site upon any breach of these Terms and Conditions.
Monitor, edit, or disclose any communication in the meetings.
Edit or delete any communication(s) posted on the HP Site, regardless of whether such communication(s) violate these standards.
SGC or its licensors have no liability or responsibility to users of the HP Site or any other person or entity for performance or nonperformance of the aforementioned activities.
You agree to defend, indemnify, and hold SGC, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions or your content.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER SGC NOR ITS SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE HP SITE; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE HP SITE; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF SGC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL SGC’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID SGC, IF ANY, IN THE LAST 12 MONTHS.
SGC is based in Pasadena, California, in the United States of America. SGC makes no claims that SGC or any Site within the SGC Network and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the SGC Network from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, User Submissions of image, video, audio files, Indemnity, Jurisdiction, and Complete Agreement.
Venue; Choice of Law
To the extent that these Terms and Conditions allow you or SGC to initiate litigation in a court, both you and SGC agree that all claims and disputes (whether contract, tort, or otherwise), including statutory claims and disputes, arising out of or relating to these Terms and Conditions or the use of the HP Site will be litigated exclusively in the United States District Court for the Central District of California. If, however, that court would lack original jurisdiction over the litigation, then all such claims and disputes will be litigated exclusively in the Superior Court of California, County of Los Angeles. You and SGC consent to the personal jurisdiction of both courts.
Except to the extent they are preempted by U.S. federal laws, these Terms and Conditions are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Arbitration, Class-Action Waiver, and Jury Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND SGC TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
Applicability of Arbitration Agreement. You and SGC agree that all claims and disputes (whether contract, tort, or otherwise), including all statutory claims and disputes, arising out of or relating to these Terms and Conditions or the use of the Services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that you and SGC are not required arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. To be clear: The phrase “all claims and disputes” also includes claims and disputes that arose between us before the effective date of these Terms and Conditions.
Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules, available here as of the date of these Terms and Conditions, or by calling the AAA at 1-800-778-7879. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms and Conditions. The arbitration will be conducted by a single neutral arbitrator. Any claims or disputes where the total amount sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum's rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Additional Rules for Non-appearance Arbitration. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.
Fees. Each party shall be responsible for its own fees.
Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and SGC. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under law, the arbitral forum's rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and SGC.
Waiver of Jury Trial. YOU AND SGC WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and SGC are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and SGC over whether to vacate or enforce an arbitration award, YOU AND SGC. WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in “Venue”.
Right to Waive. Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.
Opt-out. You may opt out of this arbitration agreement section of the Terms and Conditions. If you do so, neither you nor SGC can force the other to arbitrate. To opt out, you must notify SGC in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, your HP username and the email address you used to set up your HP account (if you have one), and an unequivocal statement that you want to opt out of this arbitration agreement. You must either mail your opt-out notice to this address: Support Group Central Inc., ATTN: Arbitration Opt-out, 530 South Lake Avenue, #766, Pasadena, CA 91101 or email the opt-out notice to firstname.lastname@example.org.
Small Claims Court. Notwithstanding the foregoing, either you or SGC may bring an individual action in small claims court.
Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with SGC.
Notice and Takedown Procedures; and Copyright Agent
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this website by contacting SGC's copyright agent (identified below) and providing the following information:
Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
Your name, address, telephone number and (if available) e-mail address.
A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative
SGC's agent for copyright issues relating to this website is:
Support Groups Central
Attn: Office of Privacy
530 South Lake Avenue #766
Pasadena, CA 91101
Or call: (888) 799-0907
In an effort to protect the rights of copyright owners, SGC maintains a policy for the termination, in appropriate circumstances, of participants of the Site who are repeat infringers.
These Terms and Conditions (together with any additional terms applicable to specific services you use on the HP Site) make up the entire agreement between you and SGC, and supersede any prior agreements.
These Terms and Conditions do not create or confer any third-party beneficiary rights.
If we do not enforce a provision in these Terms and Conditions, it will not be considered a waiver.
We reserve all rights not expressly granted to you.
You may not transfer any of your rights or obligations under these Terms and Conditions without our consent.
Thank you for your cooperation. We hope you find the HP Site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be submitted by email to email@example.com or via U.S. mail to: SGC Office of Privacy, 530 South Lake Ave, Ste 766, Pasadena, CA 91101.