Terms of Use
Agreement between User and www.sunvalleypsychiatry.com
Welcome to www.sunvalleypsychiatry.com. The www.sunvalleypsychiatry.com website (the
“Site”) is comprised of various web pages operated by Sun Valley Psychiatry (“Sun
Valley Psychiatry”). www.sunvalleypsychiatry.com
is offered to you conditioned on your acceptance without modification of the terms, conditions, and
notices contained herein (the “Terms”). Your use of www.sunvalleypsychiatry.com constitutes your agreement
to all such Terms. Please read these terms carefully, and keep a copy of them for your
reference.
www.sunvalleypsychiatry.com is an informational/blog website. It is intended to inform the public
about the mental health company, Sun Valley Psychiatry , and the services Sun Valley Psychiatry
provides.
Privacy
Your use of www.sunvalleypsychiatry.com is subject to Sun Valley
Psychiatry’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and
informs users of our data collection practices.
Consent to Receive Calls and Text Messages
By providing your mobile number and
completing any forms on our website, you are authorizing and agreeing to be contacted by or on
behalf of Sun Valley Psychiatry at the mobile number you have provided, including calls and text
messages, to receive communications related to your service (e.g. direct messages from your care
team, response to your request to book additional care, confirming upcoming visit schedules). You
understand that text messages are not sent in a secured (encrypted) format. Third parties may
attempt to or actually access, use and disclose information transmitted by Sun Valley Psychiatry to
your cellular phone via text message. Message and data rates may apply.
To opt-out (and revoke your authorization) of these text messages reply to the number sending you the
message with “STOP”.
Consent to Communicate Electronically
By signing up to this service you consent
to allow us and your care team to communicate with you electronically via email.
Top opt out of
email communication, reply back to the email “Unsubscribe.”
Electronic Communications
Visiting www.sunvalleypsychiatry.com or sending emails to Sun
Valley Psychiatry constitutes electronic communications. You consent to receive electronic
communications and you agree that all agreements, notices, disclosures and other communications that
we provide to you electronically, via email and on the Site, satisfy any legal requirement that such
communications be in writing.
Children Under Thirteen
Sun Valley Psychiatry does not knowingly collect, either
online or offline, personal information from persons under the age of thirteen. If you are under 18,
you may use www.sunvalleypsychiatry.com only with
permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
www.sunvalleypsychiatry.com may contain links to other
websites (“Linked Sites”). The Linked Sites are not under the control of Sun Valley
Psychiatry and Sun Valley Psychiatry is not responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked Site, or any changes or updates to a
Linked Site. Sun Valley Psychiatry is providing these links to you only as a convenience, and the
inclusion of any link does not imply endorsement by Sun Valley Psychiatry of the site or any
association with its operators.
Certain services made available via www.sunvalleypsychiatry.com are delivered by third
party sites and organizations. By using any product, service or functionality originating from the
www.sunvalleypsychiatry.com domain, you hereby
acknowledge and consent that Sun Valley Psychiatry may share such information and data with any
third party with whom Sun Valley Psychiatry has a contractual relationship to provide the requested
product, service or functionality on behalf of www.sunvalleypsychiatry.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a
non-exclusive, non-transferable, revocable license to access and use www.sunvalleypsychiatry.com
strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant
to Sun Valley Psychiatry that you will not use the Site for any purpose that is unlawful or
prohibited by these Terms. You may not use the Site in any manner which could damage, disable,
overburden, or impair the Site or interfere with any other party’s use and enjoyment of the
Site. You may not obtain or attempt to obtain any materials or information through any means not
intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of Sun Valley Psychiatry or
its suppliers and protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,
legends or other restrictions contained in any such content and will not make any changes
thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
Sun Valley Psychiatry content is not for resale. Your use of the Site does not entitle you to make
any unauthorized use of any protected content, and in particular you will not delete or alter any
proprietary rights or attribution notices in any content. You will use protected content solely for
your personal use, and will make no other use of the content without the express written permission
of Sun Valley Psychiatry and the copyright owner. You agree that you do not acquire any ownership
rights in any protected content. We do not grant you any licenses, express or implied, to the
intellectual property of Sun Valley Psychiatry or our licensors except as expressly authorized by
these Terms.
International Users
The Service is controlled, operated and administered by Sun
Valley Psychiatry from our offices within the USA. If you access the Service from a location outside
the USA, you are responsible for compliance with all local laws. You agree that you will not use the
Sun Valley Psychiatry Content accessed through www.sunvalleypsychiatry.com in any country or in any
manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Sun Valley
Psychiatry, its officers, directors, employees, agents and third parties, for any losses, costs,
liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of
your use of or inability to use the Site or services, any user postings made by you, your violation
of any terms of this Agreement or your violation of any rights of a third party, or your violation
of any applicable laws, rules or regulations. Sun Valley Psychiatry reserves the right, at its own
cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification
by you, in which event you will fully cooperate with Sun Valley Psychiatry in asserting any
available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between
them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in
contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute
shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act,
conducted by a single neutral arbitrator and administered by the American Arbitration Association,
or a similar arbitration service selected by the parties, in a location mutually agreed upon by the
parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any
court having jurisdiction. In the event that any legal or equitable action, proceeding or
arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be
entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate
all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result
of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a
result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the
interpretation and enforcement of this provision. The entire dispute, including the scope and
enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration
provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take
place on an individual basis; class arbitrations and class/representative/collective actions are not
permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/
OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE
OTHER. Further, unless both you and Sun Valley Psychiatry agree otherwise, the arbitrator may not
consolidate more than one person’s claims, and may not otherwise preside over any form of a
representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED
IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION HEREIN. Sun Valley Psychiatry AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
Sun Valley Psychiatry AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED
“AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. Sun Valley Psychiatry AND/OR ITS
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Sun Valley Psychiatry AND/OR ITS
SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES
OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR
INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR
FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR
OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF Sun Valley Psychiatry OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF
THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY
TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Sun Valley Psychiatry reserves the right, in its
sole discretion, to terminate your access to the Site and the related services or any portion
thereof at any time, without notice. To the maximum extent permitted by law, this agreement is
governed by the laws of the State of Illinois and you hereby consent to the exclusive jurisdiction
and venue of courts in Illinois in all disputes arising out of or relating to the use of the Site.
Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of
these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you
and Sun Valley Psychiatry as a result of this agreement or use of the Site. Sun Valley
Psychiatry’s performance of this agreement is subject to existing laws and legal process, and
nothing contained in this agreement is in derogation of Sun Valley Psychiatry’s right to
comply with governmental, court and law enforcement requests or requirements relating to your use of
the Site or information provided to or gathered by Sun Valley Psychiatry with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable
law including, but not limited to, the warranty disclaimers and liability limitations set forth
above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision and the remainder of the
agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user
and Sun Valley Psychiatry with respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user and Sun Valley
Psychiatry with respect to the Site. A printed version of this agreement and of any notice given in
electronic form shall be admissible in judicial or administrative proceedings based upon or relating
to this agreement to the same extent and subject to the same conditions as other business documents
and records originally generated and maintained in printed form. It is the express wish to the
parties that this agreement and all related documents be written in English.
Changes to Terms
Sun Valley Psychiatry reserves the right, in its sole
discretion, to change the Terms under which www.sunvalleypsychiatry.com is offered. The most
current version of the Terms will supersede all previous versions. Sun Valley Psychiatry encourages
you to periodically review the Terms to stay informed of our updates.
Contact Us
Sun Valley Psychiatry welcomes your questions or comments regarding
the Terms:
Email Address: info@sunvalleypsychiatry.com
Effective as of June 22, 2023