1. This BHR Site (the "BHR Site") is operated and maintained by Behavioral Health Response, Inc., a Missouri corporation.  The information contained on the BHR Site shall be deemed provided in the State of Missouri and subject only to Missouri laws.  The information and other materials on the BHR Site are provided without charge to you, subject to these Conditions of Use and Legal Notices.  If you do not wish to be bound by these Conditions of Use and Legal Notices, please leave and do not use the BHR Site.  If you access and use the BHR Site you will be deemed to have accepted and agreed to all of the Conditions of Use and Legal Notices set forth below.  BHR reserves the right, at its discretion, to change, modify, add, or remove portions of these Conditions of Use and Legal Notices at any time by posting such changes to this page.  Please check these Conditions of Use and Legal Notices periodically for changes.  The continued use of the BHR Site following the posting of changes to these terms will mean you accept those changes. 

 

2. If you do not comply with the Conditions of Use and Legal Notices at any time, BHR reserves the right to limit your access to the BHR Site.  BHR may discontinue or alter any aspect of the BHR Site, including, but not limited to, (i) restricting the time the BHR Site is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user’s right to use the BHR Site, at BHR’s sole discretion and without prior notice or liability.

 

You acknowledge that the BHR Site may contain information, software, photos, video, text, graphics, music, sounds or other material provided by BHR or third parties (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or here after developed.

 

3. The entire BHR Site is: Copyright Behavioral Health Response, Inc., 1998-2005.  All rights reserved.  BHR as the owner of all right, title and interest in the BHR Site and its contents, including, without limitation, all patents, copyrights, trademarks, service marks, trade dress, trade names and any and all other Intellectual Property whether now known or hereafter existing and all of the good will therein (“Intellectual Property”).  The BHR Site is for your personal, noncommercial use only, with no transfer of title.  Except as expressly provided herein, you may not modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell, or make any other use of any of the content obtained from the BHR Site.  You may not use any of the Content or Intellectual Property on any other web site or networked computer environment, or in any format or medium, whether now known or hereafter existing.  You may not remove any Intellectual Property or legal notice from any content downloaded from the BHR Site.  Any unauthorized use of the images may violate copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes.

 

4. The contents of the BHR Site are meant to provide information that is accurate to the best of our knowledge.  BHR is not responsible for inaccuracies or other errors on this or any other website to which the BHR Site is linked.  You assume the full risk and responsibility for the use of any information or documents obtained on or accessed through the BHR Site.

 

5. You acknowledge that you shall use the BHR Site for lawful purposes only.  You shall not post or transmit through the BHR Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without BHR’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by any person that in BHR’s discretion restricts or inhibits any other person from using or enjoying the BHR Site will not be permitted.  You acknowledge that you will not use the BHR Site to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with BHR.

 

6. You shall not upload, post or otherwise make available on the BHR Site any material protected by patent, copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you.  You shall be solely liable for any damage resulting from any infringement of patents, trademarks or copyrights, any other proprietary rights, or any other harm resulting from such a submission.  By submitting material to any public area of the BHR Site, you automatically grant, or warrant that the owner of such material has expressly granted BHR the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material.  You also permit any other person to access, view, store or reproduce the material for that person’s personal, non-commercial use.  You hereby grant BHR the right to edit, copy, publish and distribute any material made available on the BHR Site by you.

 

7. The information on the BHR Site, and any site to which this site is linked, is provided for informational and educational purposes only.  It is not therapy in any form, nor is it meant as a substitute for therapy.

 

8. THE WEB SITE IS PROVIDED “AS IS” AND YOU USE IS AT YOUR SOLE RISK.  BHR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  WITHOUT LIMITATION, BHR MAKES NO WARRANTY THAT THE BHR SITE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF ANY INFORMATION FOUND ON THE BHR SITE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE BHR SITE WILL MEET YOUR EXPECTATIONS.

 

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.  FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU THROUGH THE BHR SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.

 

9. YOU EXPRESSLY UNDERSTAND AND AGREE THAT BHR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BHR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE BHR SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE BHR SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTER RELATING TO THE BHR SITE. IN NO EVENT SHALL BHR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE BHR SITE.

 

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.

 

10. The validity and effect of these Conditions of Use and Legal Notices shall be governed by and construed and enforced in accordance with the laws of the State of Missouri, USA, without regard to its conflicts of laws principles.  The parties expressly disclaim application of the United Nations Convention on Contracts for the International Sale of Goods.  ANY SUIT, ACTION OR PROCEEDING CONCERNING THE BHR SITE, ITS USE, THESE CONDITIONS OF USE AND LEGAL NOTICES, OR CONCERNING ANY OTHER POLICY OR PROCEDURE OF BHR, MUST BE BROUGHT IN A COURT OF COMPETENT JURISDICTION IN ST. LOUIS COUNTY, MISSOURI (OR THE APPROPRIATE FEDERAL COURT FOR SUCH AREA), AND YOU HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURT (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING; AND YOU IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.

 

11. By your acceptance of these Conditions of Use and Legal Notices, BHR grants you permission to reproduce documents (including graphics) available on the BHR Site, provided that (a) the BHR copyright notice appears on all copies thereof; (b) such use is for informational and non-commercial or personal use only; (c) no modifications are made to such documents; and (d) no graphics are used separately from the accompanying text.

 

12. BHR respects the intellectual property of others, and we ask our users to do the same.  If you believe that your work has been copied in a way that constitutes copyright infringement, please provide BHR’s Copyright Agent the following information:

 

·              an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

·              a description of the copyrighted work that you claim has been infringed;

·              a description of where the material that you claim is infringing is located on the site;

·              your address, telephone number, and email address;

·              a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

·              a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

Please contact BHR’s Copyright Agent for Notice of Claims of copyright infringement at: