Welcome to Open Forest (Open Forest LLC, openforest.net), and thank you for choosing our site. Open Forest facilitates asynchronous telemental health services. Open Forest provides a full suite of tools for mental health professionals and patients to utilize as part of the healthcare services. By registering for our site, you, as an asynchronous telemental healthcare consumer are hereby agreeing to the following terms and conditions:
Accessing our Services
If you operate a free, public search engine that has made a public commitment to adhering to the robots.txt protocol, together with our Sitemaps and Crawl-delay directive (collectively, the “Protocol”), you may crawl, index and publish hyperlinks (including so-called “deep links”) to the Public Services, so long as (i) you do so in compliance with the Protocol instructions published in applicable locations on our Services, (ii) you do not directly or indirectly receive remuneration in connection with the provision or display of said hyperlinks and cached pages, and (iii) if your user-agent is disallowed by us in our Protocol instructions or we otherwise notify you in writing, you shall cease all crawling of our Services. We call such a free, public search engine satisfying the requirements of clauses (i) through (iii), a “Public Search Engine,” and the Public Search Engine’s combined performance of clauses (i) through (iii), collectively, “Public Search Services.” We may revoke the foregoing authorizations at any time as indicated in our Protocol instructions.
Users of Public Services do not have the same rights to access as Registered Users. We strongly recommend that all users register for an account to maximize your overall experience with Open Forest and to ensure that you receive the highest level of services available.
ACCOUNT REGISTRATION. In order to access Open Forest you will be asked to create a user account and provide certain user registration data. Your completion of an account registration will done via www.openforest.net and will be considered as your attestation that the information you have provided is true and correct and that you will notify of us of any changes in user registration information. By creating a user account you are affirming that you have read the user requirements and are of suitable age to create an account. You also agree that Open Forest may access information associated with your registration and send messages and/or notices regarding the Open Forest website using your account information.
LICENSE. If you are eighteen (18) or older, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicensable license to access Open Forest. You agree not to license, distribute, and make derivative works, display, sell, or “frame” content from, excluding content you create.
PROTECTED SERVICES. Some of our Services are protected by technical measures intended to safeguard the confidentiality, integrity and accessibility of sensitive information our users store and share using our Services. We call these “Protected Services.” Each user must be properly authenticated by means of authorization, such as unique identifiers, security questions, images or phrases, passwords, and the like. In order to access Protected Services, you must provide certain information about yourself as well as information for the required means of authorization. If you are registering for a Protected Service, or accessing or using, or attempting to access or use, a Protected Service on behalf of, or for the benefit of, someone else as their parent or legal guardian, you must also identify and provide information about that person.
We reserve the right to suspend or terminate your access to any Protected Service at any time, with or without cause or notice. We shall not be liable to you in any way if we suspend or terminate your access to a Protected Service or our Services.
ADDITIONAL SAFEGUARDS. Due to the nature of the Services provided by Open Forest we have taken additional steps to protect the confidentiality, integrity and availability of the information housed and shared on our Services, as well as the stability of our Services. User compliance with all safety and security features is paramount to the successful protection of the protected and sensitive information of our Users. In accordance, you agree to the following additional safeguards and agree to refrain from the following:
- Accessing, using or disseminating our Services and/or any information accessible via our Services, in any way that may be construed as a possible violation of any applicable law or regulation or the rights of any individual or entity;
- Selling or transferring any information included in our Services including, but not limited to any part of communications between yourself and others as part of your asynchronous telemental health services;
- Use of any information obtained during your use of Open Forest to develop, market, promote or sell any product or service. This includes sending, or facilitating the sending of, unsolicited emails or SPAM to anyone, whether or not they are a registered user of Open Forest;
- Testing the vulnerability of our Services, or of the system or network supporting our Services, in an attempt to circumvent any security or authentication measures;
- Tampering of any kind with any technical measure or security feature that has been implemented to safeguard the stability of our Services, or the confidentiality, integrity or availability of any information, content or data hosted or housed on our Services;
- Use of any software, code or other device that in any way (i) permits unauthorized access to our systems or any software, hardware, files or data located thereon, (ii) disables or damages or otherwise interferes with or adversely affects the operation of our systems or any software, hardware, files or data located thereon, or (iii) overburdens or interferes with the proper functioning of our Services;
- Attempting to disassemble, dismantle or reverse engineering any of our systems, software or components.
Use & General Restrictions for Use
UNITED STATES ONLY. Access to our Services is administered in the United States (“US”) and is intended for users in the US. Open Forest is governed by the laws and regulations of the United States. Any international user must agree to be bound by US law and may not seek to apply the laws and regulations of any other jurisdiction to their use of Open Forest. Users may not use our Services in any jurisdiction where offering, accessing or using our Services would be illegal or unlawful. If you know or suspect that, for any reason, your use of Open Forest will be in conflict with the laws and regulations of the jurisdiction in which you reside and/or are a legal resident or citizen, you must not register for Open Forest or you must immediately cease to use Open Forest for any reason.
Site & Service Content
OVERVIEW. Our Services may include text, data, graphics, images, video or other content (collectively, “Content”) created by us or the third party medical providers that provide asynchronous telemental health services through our site. The Content provided by our site is provided for general informational purposes and should not be relied upon for personal, professional, medical or regulatory decisions. The content provided by the third party medical providers who utilize our site to provide you with healthcare services is the sole responsibility of the provider. Open Forest does not endorse any content posted by third party providers. Users must use their sole discretion in determining how and when to rely upon the content provided by the third party providers who utilize our site. We will not be responsible for any decisions made by users as it relates to content posted or provided by third party medical providers. In addition, we do not ensure the completeness, timeliness or accuracy of the content posted by anyone other than Open Forest.
PROVIDER DIRECTORIES. Our Services may include listings and directories (“Directories”) of healthcare professionals who provide asynchronous telemental health services and utilize our site. These Directories are provided for your assistance and convenience and do not constitute an endorsement of any provider. The Directories are simply a listing of healthcare professionals and providers who use our Services and who have chosen to participate in the Directories. The Directories can be used by registered users to assist in selecting a provider, but before obtaining services or treatment from any provider listed in a Directory, users must take any measures they deem reasonable to verify the suitability of the provider for their care. This can include, but is not limited to confirming licensure and specialty certifications. Users are solely responsible for the selection of a particular provider. Likewise the healthcare providers who use our Services are solely responsible for the appropriateness and quality of the asynchronous telemental health services they provide. Additionally, the Directories rely on information submitted by the providers themselves. Unless the providers notify us of changes in their information, the Directory information may not be timely or accurate. The listing of a provider in the Directory does not, in any way indicate the availability of willingness of a provider to provide services to any given user.
ADVERTISING. Our Services may include advertisements or promotional messages sponsored by third parties (collectively, “Ads”). The manufacturers, services providers, distributors and resellers of the products and services identified in the Ads are solely responsible for the accuracy of their Ads and the suitability, efficacy, safety and quality of such products or services. An Ad does not in any way constitute or imply our recommendation or endorsement of such product or service.
MEDICAL CONTENT & ADVICE. The Open Forest website is medical in nature and thus, may include health or medical information. This content, when posted by Open Forest and not by a specific provider rendering services to a specific user, is posted for informational and educational purposes only. Open Forest in no way engages in the practice of medicine and does not render medical advice. We do not provide asynchronous telemental health services or any other medical service. Open Forest is merely a tool for medical providers and patients engaged in asynchronous telemental health services. Nothing posted on Open Forest is intended to be used for the purposes of medical diagnosis or treatment. The use of Open Forest does not create a provider/patient relationship between a user and Open Forest. If a provider chooses to enter into a provider/patient relationship with a user, it is at the discretion of both parties and it is the responsibility of the provider to fully disclose the terms of the provider/patient relationship and the responsibility of the patient to obtain all information necessary for the user to make an informed decision when deciding to enter into a provider/patient relationship. Users must always seek the advice of their physician or another qualified healthcare professional with medical questions. Users must agree to contact their healthcare professional or an emergency medical service, by dialing 911 when they believe they are experiencing a medical emergency. Open Forest is not an appropriate method of seeking emergency treatment as then nature of our service does not require that the patient and provider be online at the same time. There is no guarantee that your specific provider will be available at any given time, and therefore, any user who does not agree to seek immediate medical care in lieu of using Open Forest at the time of an emergency assumes the full risk of their actions and ultimately should not register for Open Forest.
Use of Site & Services
As part of providing our Services to you, we may need to provide you with certain communications, such as service announcements and administrative messages. Such communication may be by email, a posting on our site or some other mechanism. You consent to receive such communications from us electronically. If you have registered for one or more of the Protected Services, the Service announcements and administrative messages we provide you are considered part of the Protected Services themselves, which you may not be able to opt-out from receiving until you cease using, or deactivate your user account.
You agree that all agreements, notices, authorizations, disclosures and other communications that we provide to you electronically, as well as any acceptances, agreements, consents or authorizations that you provide to us electronically, satisfy any and all legal requirement(s) that such communications be in writing.
PROTECTION OF USER RIGHTS. Open Forest is committed to protecting its users against infringement. Open Forest will comply with the Digital Millennium Copyright Act and all other intellectual property laws when notified of an alleged infringement by a user. We will investigate all such allegations and will take appropriate actions including removing or disabling access to the materials involved in the infringement. You should report any materials available on Open Forest that infringe on any copyright you own or control or that makes a link available to an external site that contains copyrighted material that you own or control. Notice of alleged infringements must be reported to Open Forest in writing and sent to us via fax or regular mail. This notice must include the signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work you are alleging to be infringed upon; a description of the location where the infringed material is located on our site; detailed contact information for the person authorized to act on behalf of the owner of the copyright interest; and a signed statement by the person authorized to act on behalf of the copyrighted interest stating that the infringement report is being made in good faith and that the information contained in the infringement report is accurate and that you are the owner of the copyrighted interest or authorized to act on his or her behalf. This information should be sent to Open Forest LLC, 340 S Lemon Ave #6468, Walnut, CA 91789.
Please note that you may be held responsible for any costs associated with the investigation of a false report of infringement.
OWNERSHIP. Open Forest welcomes your feedback. Any feedback provided to us, through any means, including but not limited to ideas, suggestions, improvements or questions will not be treated as confidential and will become the sole property of Open Forest regardless of the nature of the information. Any information considered by a user to be his or her own intellectual property will become the intellectual property of Open Forest immediately upon submission. Users who submit material of any type to Open Forest will not be entitled to compensation of any kind. We will have the sole right to reproduce, utilize, share any feedback submitted by users. We will also have the sole right to create derivative works based upon user feedback. User feedback may be submitted to Open Forest LLC, 340 S Lemon Ave #6468, Walnut, CA 91789.
VIOLATIONS. We reserve the right to monitor any and all use of our Services, and investigate any activity we suspect violates these Terms, a User Agreement, our rights or interest, or the rights or interests of any person or entity.
We reserve the right, to the fullest extent permitted under law, to cooperate with any governmental authority or third party investigating conduct that may be illegal or harm any individual or entity or violates their respective rights. If, for any reason Open Forest believes, at any time that you pose a risk of harm to yourself or others, we reserve the right to report our concerns to the appropriate authorities and to fully cooperate with law enforcement authorities, your healthcare provider or providers and any individual that may be at risk of harm. You hereby consent to our participation and cooperation in investigation related to your conduct on our site or related to concerns raised in connection with the treatment you have obtained as a registered user of Open Forest.
PAYMENT & INSURANCE. Users know and understand that they bear full responsibility for any financial obligation to a healthcare provider in connection with the use of Open Forest or treatment obtained through our site. Users are responsible for completing any and all required forms or paperwork relating to financial obligations to the healthcare providers who utilize our services. Users are responsible for knowing and understanding the payment policies of any provider they interact with on Open Forest including that particular provider’s policies regarding the acceptance of health insurance. Users are solely responsible for knowing and understanding how claims for payment will be submitted to health insurers, if at all. Users must comply with all payment policies of the providers they seek services from through Open Forest and agree to work directly with the provider for anything related to payment or health insurance coverage. The payment terms of each transaction are agreed upon between the user and the provider only. Open Forest will not be responsible for negotiating, disclosing or enforcing the payment terms of any provider/patient relationship.
Open Forest is not responsible for a user or provider’s failure to complete an agreed upon payment, insurance or claims submission transaction. Users assume the full risk of entering into a transaction and agree that any disputes regarding transaction will be handled between the provider and the patient.
Users are responsible to pay all taxes, fees, duties or levies imposed by providers, insurance companies, government authorities or any other individual or entity in connection with treatment rendered by a healthcare provider through our site. Open Forest shall not be held liable for these expenses. All such fees should be disclosed and agreed upon up front. Users assume the full risk of failing to read all financial policies and disclosures of a provider before seeking treatment.
All users agree that willful failure or refusal to pay a provider as agreed will result in immediate suspension of a user’s account. Reinstatement of such accounts will be done at the sole discretion of Open Forest.
INDEMNIFICATION. You will indemnify, defend and hold harmless Open Forest and any of its affiliates, officers, directors, employees, agents, representatives, partners and licensors from and against any and all claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, losses, or expenses, including attorneys’ fees, costs and disbursements, arising out of or in any way connected with your use of our Services.
DISPUTES; GOVERNING LAW; JURISDICTION. The interpretation of these Terms and the resolution of any disputes arising under these Terms shall be governed by the laws of the state of Delaware, without regard to its conflict of laws provisions. These Terms shall not be governed by the United Nations Convention on Contract for the International Sale of Goods, the application of which is expressly disclaimed.
WE HOPE TO MAKE YOU A HAPPY CUSTOMER, BUT IF THERE’S AN ISSUE THAT NEEDS TO BE RESOLVED, THIS SECTION OUTLINES WHAT’S EXPECTED OF BOTH OF US.
YOU AND OPEN FOREST BOTH AGREE TO RESOLVE DISPUTES ONLY BY ARBITRATION OR IN SMALL CLAIMS COURT. YOU UNDERSTAND THAT BY THIS AGREEMENT YOU ARE GIVING UP THE RIGHT TO BRING A CLAIM IN COURT OR IN FRONT OF A JURY. WHILE THE PROCEDURES MAY BE DIFFERENT, AN ARBITRATOR CAN AWARD YOU THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME TERMS IN THIS AGREEMENT, AS A COURT WOULD. IF THE LAW ALLOWS FOR AN AWARD OF ATTORNEYS’ FEES, AN ARBITRATOR CAN AWARD THEM TOO. WE ALSO BOTH AGREE THAT:
(1) THE FEDERAL ARBITRATION ACT APPLIES TO THIS AGREEMENT. EXCEPT FOR SMALL CLAIMS COURT CASES THAT QUALIFY, ANY DISPUTE THAT IN ANY WAY RELATES TO OR ARISES OUT OF THIS AGREEMENT OR FROM ANY EQUIPMENT, PRODUCTS AND SERVICES YOU RECEIVE FROM US (OR FROM ANY ADVERTISING FOR ANY SUCH PRODUCTS OR SERVICES), INCLUDING ANY DISPUTES YOU HAVE WITH OUR EMPLOYEES OR AGENTS, WILL BE RESOLVED BY ONE OR MORE NEUTRAL ARBITRATORS BEFORE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) OR BETTER BUSINESS BUREAU (“BBB”). YOU CAN ALSO BRING ANY ISSUES YOU MAY HAVE TO THE ATTENTION OF FEDERAL, STATE, OR LOCAL GOVERNMENT AGENCIES, AND IF THE LAW ALLOWS, THEY CAN SEEK RELIEF AGAINST US FOR YOU.
(2) UNLESS YOU AND OPEN FOREST AGREE OTHERWISE, THE ARBITRATION WILL TAKE PLACE IN THE COUNTY OF KENT, DELAWARE. FOR CLAIMS OVER $10,000, THE AAA’S WIRELESS INDUSTRY ARBITRATION (“WIA”) RULES WILL APPLY. IN SUCH CASES, THE LOSER CAN ASK FOR A PANEL OF THREE NEW ARBITRATORS TO REVIEW THE AWARD. FOR CLAIMS OF $10,000 OR LESS, THE PARTY BRINGING THE CLAIM CAN CHOOSE EITHER THE AAA’S RULES FOR CONSUMER DISPUTES OR THE BBB’S RULES FOR BINDING ARBITRATION OR, ALTERNATIVELY, CAN BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT. YOU CAN GET PROCEDURES, RULES AND FEE INFORMATION FROM THE AAA (WWW.ADR.ORG), THE BBB (WWW.BBB.ORG) OR FROM US. FOR CLAIMS OF $10,000 OR LESS, YOU CAN CHOOSE WHETHER YOU’D LIKE THE ARBITRATION CARRIED OUT BASED ONLY ON DOCUMENTS SUBMITTED TO THE ARBITRATOR, OR BY A HEARING IN PERSON OR BY PHONE.
(3) THIS AGREEMENT DOESN’T ALLOW CLASS OR COLLECTIVE ARBITRATIONS EVEN IF THE AAA OR BBB PROCEDURES OR RULES WOULD. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. NO CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION HELD UNDER THIS AGREEMENT. ANY QUESTION REGARDING THE ENFORCEABILITY OR INTERPRETATION OF THIS PARAGRAPH SHALL BE DECIDED BY A COURT AND NOT THE ARBITRATOR.
(4) IF EITHER OF US INTENDS TO SEEK ARBITRATION UNDER THIS AGREEMENT, THE PARTY SEEKING ARBITRATION MUST FIRST NOTIFY THE OTHER PARTY OF THE DISPUTE IN WRITING AT LEAST 30 DAYS IN ADVANCE OF INITIATING THE ARBITRATION. NOTICE TO OPEN FOREST SHOULD BE SENT TO OPEN FOREST DISPUTE RESOLUTION MANAGER, 340 S LEMON AVE #6468, WALNUT, CA 91789. THE NOTICE MUST DESCRIBE THE NATURE OF THE CLAIM AND THE RELIEF BEING SOUGHT. IF WE ARE UNABLE TO RESOLVE OUR DISPUTE WITHIN 30 DAYS, EITHER PARTY MAY THEN PROCEED TO FILE A CLAIM FOR ARBITRATION. YOU WILL BE RESPONSIBLE FOR ANY FILING FEE THAT THE AAA OR BBB CHARGES YOU FOR ARBITRATION OF THE DISPUTE.
(5) WE ALSO OFFER CUSTOMERS THE OPTION OF PARTICIPATING IN A FREE INTERNAL MEDIATION PROGRAM. THIS PROGRAM IS ENTIRELY VOLUNTARY AND DOES NOT AFFECT EITHER PARTY’S RIGHTS IN ANY OTHER ASPECT OF THESE DISPUTE RESOLUTION PROCEDURES. IN OUR VOLUNTARY MEDIATION PROGRAM, WE WILL ASSIGN AN EMPLOYEE WHO’S NOT DIRECTLY INVOLVED IN THE DISPUTE TO HELP BOTH SIDES REACH AN AGREEMENT. THAT PERSON HAS ALL THE RIGHTS AND PROTECTIONS OF A MEDIATOR AND THE PROCESS HAS ALL OF THE PROTECTIONS ASSOCIATED WITH MEDIATION. FOR EXAMPLE, NOTHING SAID IN THE MEDIATION CAN BE USED LATER IN AN ARBITRATION OR LAWSUIT. IF YOU’D LIKE TO KNOW MORE, PLEASE CONTACT US AT OPENFOREST.NET OR THROUGH CUSTOMER SERVICE. IF YOU’D LIKE TO START THE MEDIATION PROCESS, PLEASE GO TO OPENFOREST.NET OR CALL CUSTOMER SERVICE FOR A NOTICE OF DISPUTE FORM TO FILL OUT, AND MAIL, FAX OR EMAIL IT TO US ACCORDING TO THE DIRECTIONS ON THE FORM.
(6) WE MAY, BUT ARE NOT OBLIGATED TO, MAKE A WRITTEN SETTLEMENT OFFER ANYTIME BEFORE ARBITRATION BEGINS. THE AMOUNT OR TERMS OF ANY SETTLEMENT OFFER MAY NOT BE DISCLOSED TO THE ARBITRATOR UNTIL AFTER THE ARBITRATOR ISSUES AN AWARD ON THE CLAIM. IF YOU DON’T ACCEPT THE OFFER AND THE ARBITRATOR AWARDS YOU AN AMOUNT OF MONEY THAT’S MORE THAN OUR OFFER BUT LESS THAN $5,000, OR IF WE DON’T MAKE YOU AN OFFER, AND THE ARBITRATOR AWARDS YOU ANY AMOUNT OF MONEY BUT LESS THAN $5,000, THEN WE AGREE TO PAY YOU $5,000 INSTEAD OF THE AMOUNT AWARDED. IN THAT CASE WE ALSO AGREE TO PAY ANY REASONABLE ATTORNEYS’ FEES AND EXPENSES, REGARDLESS OF WHETHER THE LAW REQUIRES IT FOR YOUR CASE. IF THE ARBITRATOR AWARDS YOU MORE THAN $5,000, THEN WE WILL PAY YOU THAT AMOUNT.
(7) AN ARBITRATION AWARD AND ANY JUDGMENT CONFIRMING IT APPLY ONLY TO THAT SPECIFIC CASE; IT CAN’T BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF.
(8) IF FOR SOME REASON THE PROHIBITION ON CLASS ARBITRATIONS SET FORTH IN SUBSECTION (3) CANNOT BE ENFORCED, THEN THE AGREEMENT TO ARBITRATE WILL NOT APPLY.
(9) IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND OPEN FOREST AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU AND OPEN FOREST UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT IN ANY WAY. IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT.
RIGHT TO TERMINATION. You agree that Open Forest has the exclusive right to terminate your use of the site at any time and for any reason. We will notify users whose access is terminated via email, however, Users may not receive notice prior to the termination.
Any user who has their account access terminated is solely responsible for seeking healthcare services through another means. Open Forest will not be responsible, in any way, for assisting a user whose account has been terminated in receiving alternative care or a referral to a new provider. Users whose account access is terminated may continue to work with the same provider the user had sought services from utilizing Open Forest if the provider agrees to the continuation of treatment via an alternative means. Users must not create a new account or use a pseudonym or falsified identifying information to create a new account once their access to Open Forest has been terminated.
DISCLAIMERS AND LIMITATIONS ON LIABILITY. ACCESS TO OUR SERVICES AND THE INFORMATION AND CONTENT CONTAINED THEREON IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WE HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR WITHOUT BREACHES OF SECURITY AND YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR OMISSIONS TAKEN OR MADE IN RELIANCE ON OUR SERVICES OR THE INFORMATION IN OUR SERVICES, INCLUDING INACCURATE OR INCOMPLETE INFORMATION. WE EXPRESSLY DISCLAIM ANY LIABILITY WITH RESPECT TO ANY INJURY CAUSED BY ANY USER, OR ANY DAMAGE SUFFERED BY ANY USER, AS A RESULT OF THE ACTIONS OR INACTIONS OF ANY OTHER USER. IF YOU ARE DISSATISFIED WITH OUR SERVICES OR ANY CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING AND ACCESSING OUR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO IN THESE JURISDICTIONS THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO THE USER.
USER ASSUMPTION OF RISK. WITHOUT LIMITING ANY OF THE OTHER RISKS WE HAVE DISCLOSED TO YOU IN THESE TERMS, YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF OUR SERVICES, INCLUDING ANY CONTENT YOU SUBMIT TO USE AND YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE AND ACCESS TO OUR SERVICES AND THE INFORMATION AND CONTENT CONTAINED THEREIN, AND ANY SITES LINKED THROUGH OUR SERVICES AND ANY DATA TRANSMITTED THROUGH OUR SERVICES IS AT YOUR SOLE RISK. ACCORDINGLY, WE DO NOT ASSUME ANY LIABILITY TO YOU FOR OR RELATING TO ANY OF YOUR ACTIONS, INCLUDING THE PUBLICATION OF ANY CONTENT YOU SUBMIT OR OUR EXERCISE OF THE RIGHTS YOU GRANT TO US WITH RESPECT THERETO.
LIMITATION OF LIABILITY. IN NO EVENT SHALL WE OR ANY OF OUR SUBSIDIARIES OR AFFILIATES, OR OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS AND LICENSORS (COLLECTIVELY, THE “PRACTICE FUSION ENTITIES”) BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOSS OF USE, LOSS OF GOODWILL OR LOSS OF INFORMATION, HOWEVER CAUSED AND WHETHER BASED ON CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, EVEN IF WE HAVE BEEN APPRISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING IN THESE TERMS TO THE CONTRARY, OUR AGGREGATE LIABILITY IN RESPECT OF ANY CLAIM OR ACTION YOU MAY BRING AGAINST US OR ANY OF THE PRACTICE FUSION ENTITIES, REGARDLESS OF FORM OF ACTION OR THEORY OF LIABILITY, SHALL BE LIMITED TO THE GREATER OF (1) ONE HUNDRED UNITED STATES DOLLARS (US \$100), AND (2) THE AGGREGATE FEES ACTUALLY PAID BY YOU TO US FOR THE SIX (6) MONTH PERIOD PRECEDING THE EVENT FIRST GIVING RISE TO SUCH CLAIM OR ACTION. YOU ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR UNSUSPECTED.
SEVERABILITY. If any provision of these Terms is deemed invalid or unenforceable, then (a) that provision shall be construed to the extent necessary to make it valid and enforceable in such a manner as comes closest to preserving the intentions of such provision, and (b) the remaining provisions shall remain in full force and effect.
NO WAIVER. Our failure at any time to require performance by you of any provision of these Terms shall in no way affect our right to enforce such provision, nor shall the waiver of any breach by you of any provision herein constitute a waiver of any succeeding breach or the provision itself.
INTERPRETATION. For the purpose of these Terms, “you” means the individual user of our Services. If your access or use of our Services is, directly or indirectly, on behalf of one or more minors then “you” also refers to such minors as you have the legal ability to act on the behalf of. If you are using our Services on behalf of a minor, (a) you represent and warrant that you have the legal authority to act on behalf of the minor and agree to these terms on their behalf; and (b) you agree to be jointly and severally liable for any breach of these Terms by the minor or minors for which you bear legal responsibility..
“Open Forest,” “openforest.net,” “we,” “our,” and “us” means, collectively, Open Forest LLC and our current and future subsidiaries and affiliates.
In addition, the words “include,” “includes” and “including” shall be deemed to be followed by the phrase “without limitation.” The word “will” shall be construed to have the same meaning and effect as the word “shall.” The word “or” shall be construed to have the same meaning and effect as “and/or.” The words “herein,” “hereof” and “hereunder,” and words of similar import, shall be construed to refer to these Terms. The headings used in these Terms are used for convenience only and are not to be considered in construing or interpreting these Terms.
These Terms, together with your User Agreement(s), constitute the entire agreement between you and Open Forest regarding any services accessed via our Services, and supersede all previous communications, representations, or understandings, either oral or written, relating to the subject matter hereof; provided, however, (a) in the event of an express conflict between any specific provision included in these Terms and an express provision in a User Agreement, the provision set forth in User Agreement shall prevail, and (b) these Terms shall cover all rights, obligations, terms and conditions not expressly addressed in such User Agreement.
ELECTRONIC CONTRACTING. Your use of our Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THE SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
ASSIGNMENT. We may freely assign these Terms in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
AMENDMENTS. We may update or change our Services or the provisions set forth in these Terms from time to time and recommend that you review these Terms on a regular basis. You understand and agree that your continued use of our Services after these Terms have been updated or changed constitutes your acceptance of the revised Terms. Without limiting the foregoing, if we make a change to these Terms that materially affects your use of the Services, we may post notice or notify you via email or our website(s) of any such change. The most current version of the Terms shall govern and supersede all previous versions.