The DMAX Foundation mission is to eliminate stigma and encourage safe and caring conversations about mental health issues and emotional pain in our youth.  Its initial focus is to help create DMAX Clubs that support the mission of the foundation.  DMAX Clubs in colleges will provide a venue in which students across the mental health spectrum can gather for “friends helping friends”, to engage in “conversations that matter”and to plan and participate in fun activities.

The Website is designed to help us achieve this mission. We welcome your participation on the Website. We encourage you to be respectful and polite in your interactions with others when using the Website, to act in good faith, and to make contributions in keeping with the mission of the DMAX Foundation.

By using or accessing our services in any way, viewing or browsing the Website, or adding your own content to the site, you are agreeing to be bound by these Terms of Use (“Terms”), which are a legal contract between an individual subscriber, member, or user (“you”) and DMAX Foundation regarding your use of the Website. DMAX Foundation reserves the right to change or replace the Terms at any time, at its sole discretion. Your continued use of the Website after the posting of changes constitutes your binding acceptance of such changes. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.
Using the Materials on the Site

The materials that are publicly available on Dmaxfoundation.org are provided for only non-commercial use. You agree to use the services only for purposes that are permitted both by the Terms and by all applicable laws, regulations, or generally accepted practices or guidelines in relevant local, national, and international jurisdictions. You agree that you are solely responsible for any breach of your obligations under these laws, regulations, practices, and guidelines and for breaches of your obligations under the Terms, and for any consequences of any such breaches.

Using our services does not give you ownership of any intellectual property rights in our services or to the content you access. If you wish to make commercial use of any of the materials, or wish to make materials public in any way, you must obtain prior consent of the author(s). Commercial use of material(s) on the Website is expressly prohibited without the prior consent of the author(s) of the material(s). By submitting or distributing postings through the Website, you hereby grant each user of the Website a worldwide, non-exclusive, royalty-free license to access your postings. You also agree not to delete any copyright or other proprietary rights notices on the Website or its content.
It is also expressly prohibited for you to share, submit, or otherwise make available the confidential medical or health information of another person to DMAX Foundation or the Website.

You are solely responsible for the user content you post and the consequences of posting or publishing it. By uploading, submitting, creating, or publishing your user content to or through the Website, you affirm, represent, and warrant that you are the creator and owner or have the necessary licenses, rights, consents, and permissions to use and to authorize the DMAX Foundation and its Website’s users to use and distribute your content in the manner contemplated by DMAX Foundation and these Terms. You also affirm, represent, and warrant that your user content does not and will not infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right. Violators of these third-party rights may be subject to criminal and civil liability. DMAX Foundation reserves all rights and remedies against any user who violates these Terms. You understand that DMAX Foundation does not guarantee any confidentiality with respect to any content that you submit.
Sometimes the Website will reference third-party materials or content. You are solely responsible for your use of any third-party websites or resources. Although dmaxfoundation.org pages contain links to third-party websites and resources, we do not endorse and are not responsible or liable for their availability, accuracy, or the related content, products, or services (including, without limitation, any viruses or other disabling features), nor do we have any obligation to monitor such third-party content.

The content of the Website is for informational purposes only and is not medical advice. The Website is not intended to be a substitute for professional medical, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with questions you may have regarding a medical condition. You should not disregard professional medical advice or delay seeking medical advice because of material you read or viewed on the Website.

You also agree not to defame, harass, abuse, threaten, or defraud users of the Website, or collect, or attempt to collect, personal information about users without their consent.

You agree to access and use the Website only through interfaces provided by DMAX Foundation or its partners. You shall not access (or try to access) or use any of the dmaxfoundation.org services through any automated means, including, but not limited to, scripts, robots, or web crawlers.

You understand that in order for DMAX Foundation to provide the services to our users, DMAX Foundation may transmit your content over various public networks and in various media and may make changes to your content to meet the technological requirements of such networks and media.

You affirm that you are more than 18 years of age, or are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms, and are able to comply with the Terms. You must be at least 13 years old to be allowed to register or submit content to the Website. If you are not at least 13 years old, you shall not attempt to register or submit content to the Website.

Ownership and Proprietary Rights

The visual interfaces, graphics, designs, compilations, information, computer code (including source code and object code), products, software, services, and all other elements of the Website provided by dmaxfoundation.org are protected by United States copyright, trade dress, patent, and trademark laws, international agreements, and other intellectual property and proprietary rights. Except for content that is provided by users, all materials on the Website are the property of dmaxfoundation.org or third-party licensors. Unless expressly authorized by DMAX Foundation, you agree not to sell, license, transmit, or otherwise make unauthorized use of the materials. DMAX Foundation reserves all rights to Website content that is not expressly granted in the Terms.

Copyright Protection

The DMAX Foundation respects the intellectual property rights of others. In fairness to other creators and copyright holders, our policy is to respond to notices of alleged infringement according to the process set out in the U.S. Digital Millennium Copyright Act (DMCA). In appropriate circumstances and pursuant to the DMCA, we will terminate or refuse access to users of our system who are repeat infringers.
If you are the owner of content that is being improperly used on one of our pages without your permission, you may request that the content be removed under the DMCA. To make such a request, please notify DMAX Foundation’s copyright agent at the following address:

Copyright Agent
DMAX Foundation
401 Dartmouth Rd.
Bryn Mawr, PA 19010

Email: info@dmaxfoundation.org

A proper DMCA notification should contain the following items:
• a physical electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• identification of the work claimed to have been infringed, or a representative list;
• identification of the material that is claimed to be infringing that is reasonably sufficient to permit the Company to locate the material;
• information reasonably sufficient to allow the Company to contact you, including a name, address, telephone number, and email address;
• a statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the rights owner, agent or the law; and
• a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the rights owner.

It is a violation of federal law to knowingly materially misrepresent that material is infringing.
Privacy

Our Privacy policy explains how we treat your personal data and protect your privacy when you use our services. By using our services, you agree that DMAX Foundation can use such data in accordance with our Privacy policy.

We are committed to protecting the privacy of children. DMAX Foundation does not collect personally identifiable information from any person that it knows is under the age of 13. The Website is not intended or designed to attract children under the age of 13.
Liability for Our Services

We provide these services on an “as is” and “as available” basis, and we expressly disclaim all express or implied warranties of all kinds. We make no warranty that our services will meet your requirements, be safe, secure, uninterrupted, timely, accurate, or error-free, or that your information will be secure. You understand that when you use the Website, you may be exposed to information that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against DMAX Foundation with respect to your exposure to such content. You acknowledge and agree that DMAX Foundation may suspend or discontinue, without prior notice to you and at DMAX Foundation’s sole discretion, some or all of its services, making the services unavailable to you or other users. DMAX Foundation may also remove any content or disable access to any users at any time and for any reason at the sole discretion of DMAX Foundation.

You also agree that material downloaded or otherwise obtained through your use of our services is done at your own discretion and 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. You agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any content or communication maintained by our service. We retain the right to create limits on use and storage at our sole discretion at any time with or without notice.
Further, DMAX Foundation shall not be liable or responsible for any reliance you place on the completeness, accuracy, or existence of advertising or the outcomes of relationships and transactions you may have with advertisers.

DMAX Foundation makes no representation that its Website is appropriate for use in locations outside the United States. Those who access or use the Website from other jurisdictions do so on their own volition and are responsible for compliance with local law.
You further agree to indemnify, defend, and hold harmless DMAX Foundation, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses, including but not limited to attorney’s fees and expenses, related to your use of the Website, violation of the Terms, violation of any third-party right (including without limitation any copyright, property, or privacy right), or any claim that your content caused damage to a third party.

Miscellaneous

The failure of DMAX Foundation to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. A waiver is valid and effective only if it is in writing and signed by an authorized representative of DMAX Foundation.
If any provision in the Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of other provisions.

The heading references herein are for convenience only. The headings do not constitute a part of the Terms, and will not be deemed to limit or affect any of the provisions hereof.

You agree that any cause of action arising out of or related to the Website must commence within one year after the cause of action accrues. Otherwise such cause of action is permanently barred.

The Terms, and your relationship with DMAXFoundation.org under the Terms, shall be governed by the laws of the Commonwealth of Pennsylvania. You agree that any action at law or in equity arising out of or relating to the Terms will be filed only in the state or federal courts in and for Philadelphia County, Pennsylvania, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.

The Website is hosted in the United States, and the services provided hereunder are offered by:

DMAX Foundation
401 Dartmouth Rd.
Bryn Mawr, PA 19010

Email: info@dmaxfoundation.org
This agreement was last modified on June 6, 2014.

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