WISPRER Terms of Service
Last updated September 7, 2018
Last updated September 7, 2018
Please note the rules and restrictions that govern your use of our website(s), products, services and applications (the “services”). If you have any questions, comments, or concerns regarding these terms or the services, please contact us at firstname.lastname@example.org.
Please note that your use of and access to our services defined below are subject to the following terms; if do not agree to all of the following, you may not use or access the services in any manner.
We collect several different types of information for various purposes to provide and improve our Service to you.
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they intentionally collect personally identifiable information online from children who are under 13.
We do not intentionally collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible and terminate the associated account. If you believe that a child under 13 may have provided us personal information, please contact us at email@example.com.
De-identified or anonymized population data may be used in academic research efforts with WISPRER’s research partners. Personal information collected by the Service that may identify a user personally, as an individual, such as name and email, will never be disclosed.
You may be required to sign up for an account and select a password and username/email (“WISPRER User ID”). You agree to provide us with accurate, complete, and updated registration information about yourself. You may not select as your WISPRER User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the services and gotten your parent or guardian to agree to these Terms on your behalf).
If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
You will only use the services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the services is prohibited by applicable laws, then you aren’t authorized to use the services. We can’t and won’t be responsible for your using the services in a way that breaks the law.
You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.
You represent, warrant, and agree that you will not contribute any content or user submission (each of those terms is defined below) or otherwise use the services or interact with the services in a manner that:
Infringes or violates the intellectual property rights or any other rights of anyone else (including WISPRER);
Violates any law or regulation;
Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
Risks the security of your WISPRER account or anyone else’s (such as allowing someone else to log on as you on the services);
Attempts, in any manner, to obtain the password, account, or other security information from any other user;
Violates the security of any computer network, or cracks any passwords or security encryption codes;
Runs Maillist, Listserv, any form of auto-responder or “spam” on the services, or any processes that run or are activated while you are not logged into the services, or that otherwise interfere with the proper working of the services (including by placing an unreasonable load on the services’ infrastructure);
“Crawls,” “scrapes,” or “spiders” any page, data or portion of or relating to the services or content (through use of manual or automated means);
Copies or stores any significant portion of the content and/or share, post or distribute any significant portion of the content elsewhere;
Decompiling, reverse engineering, or other attempts to obtain the source code or underlying ideas or information of or relating to the services.
A violation of any of the foregoing is grounds for termination of your right to use or access the services.
While the services may provide access to certain general medical information the services cannot and are not intended to provide medical advice. We advise you to always seek the advice of a physician or other qualified healthcare provider with any questions regarding your personal health or medical conditions. Never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified healthcare providers because of something you have read on the website. If you have or suspect that you have a medical problem or condition, please contact a qualified healthcare professional immediately.
You acknowledge that although some of the content that is provided to you on the website, (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession, the provision of such information does not create a medical professional/patient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is provided to assist you in completing your self-help program.
No licensed medical professional/patient relationship is created by using information and/or services provided by or through the use of the website or through any other communications from us. The content of the website and the services are not and should not be considered medical advice or a substitute for individual medical advice, diagnosis or treatment. do not disregard, avoid or delay obtaining medical advice from a qualified healthcare professional because of something you may have read on the website. You should always talk to your medical professionals for diagnosis and treatment. Do not use the website or services for emergency medical needs. If you experience a medical emergency, call 911. Your use of information provided on the website is solely at your own risk. Nothing stated or posted on the website or available through any services is intended to be, and must not be taken to be, the practice of medicine or the provision of medical care.
WISPRER seeks to protect users by providing services only to those who are likely to benefit from the services provided. If your needs appear beyond the scope of guided self-help you will be advised to seek alternative services which can be found through the services of a mental health professional, medical professional, or support organization such as NAMI.
The materials displayed or performed or available on or through the services, including, but not limited to text, graphics, data, articles, photos, images, illustrations, user submissions, and so forth (all of the foregoing, the “content”) are protected by copyright and/or other intellectual property laws.
You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any content you access through the services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any content not owned by you, (i) without the prior consent of the owner of that content or (ii) in a way that violates someone else’s (including WISPRER’s) rights.
You understand that WISPRER owns the services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this section), creative derivative works based on, or otherwise exploit any of the services.
The services may allow you to copy or download certain content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply—they do!
Anything you post, upload, share, store, or otherwise provide through the services is your “user submission.” Some user submissions may be viewable by other users. In order to display your user submissions on the services, and to allow other users to view them (where applicable), you grant us certain rights in those user submissions.
For all user submissions, you hereby grant WISPRER a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such user submissions, in each case to enable us to operate the services, as described in more detail below. This is a license only – your ownership in user submissions is not affected.
If you submit a user submission with your personal WISPRER account, in a manner that is not viewable by any other user except you (a “Personal user submission”), you grant WISPRER the license above, as well as a license to display, perform, and distribute your Personal user submission for the sole purpose of making that Personal user submission accessible to you and providing the services necessary to do so.
If you share a user submission only in a manner that only certain specified users can view (for example, information that is only available to your coach) (a “Limited Audience user submission”), then you grant WISPRER the licenses above, as well as a license to display, perform, and distribute your Limited Audience user submission for the sole purpose of making that Limited Audience user submission accessible to such other specified users, and providing the services necessary to do so. Also, you grant such other specified users a license to access that Limited Audience user submission and to use and exercise all rights in it, as permitted by the functionality of the services.
You agree that the licenses you grant are royalty-free, perpetual, sublicensable, irrevocable, and worldwide; provided that when you delete your WISPRER account, we will stop displaying your user submissions to other users (if applicable), but you understand and agree that it may not be possible to completely delete that content from WISPRER’s records and that your user submissions may remain viewable elsewhere to the extent that they were copied or stored by other users who had access to such user submissions.
Finally, you understand and agree that WISPRER, in performing the required technical steps to provide the services to our users (including you), may need to make changes to your user submissions to conform and adapt those user submissions to the technical requirements of connection networks, devices, services, or media, and any of the foregoing licenses include the rights to do so.
You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like WISPRER, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable content alleged to be infringing and to terminate the accounts of repeat alleged infringers.
Any information or content posted or transmitted through the services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we are not liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the content or what actions you may take as a result of having been exposed to the content, and you hereby release us from all liability for you having acquired or not acquired content through the services. We cannot guarantee the identity of any users with whom you interact in using the services and are not responsible for which users gain access to the services.
Our services and the content provided therein are for informational and educational purposes and are not a substitute for the professional judgment and advice of healthcare professionals. The content and the services are not intended to be used for medical diagnosis or treatment. Persons accessing this information assume full responsibility for the use of the information. WISPRER is not responsible or liable for any claim, loss, or damage arising from the use of the information.
You are responsible for all content you contribute, in any manner, to the services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current.
You are responsible for all your activity in connection with the services.
WISPRER has no control over and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the services. In addition, WISPRER will not and cannot monitor, verify, censor or edit the content of any third party website or service. By using the services, you release us and hold us harmless from any and all liability arising from your use of any third party website or service.
Your interactions with organizations and/or individuals found on or through the services are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with interaction with any of these third parties. You agree that WISPRER shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on the services, or between users and any third party, you agree that WISPRER is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release WISPRER, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our services.
We are always trying to improve the services, so they may change over time. We reserve the right to suspend or discontinue any part of the services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the services. We will try to give you notice when we make a material change to the services that would adversely affect you, but this isn’t always practical and, therefore, are not obligated to do so. Similarly, we reserve the right to remove any content from the services at any time, for any reason (including, but not limited to, if someone alleges you contributed that content in violation of these Terms), in our sole discretion, and without notice.
We are constantly trying to improve our services, so these Terms may need to change along with the services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the https://www.wisprer.com website, and/or by sending you an email and/or by some other means.
If you do not agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the services. If you use the services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
There is a monthly subscription fee to be a part of WISPRER. You must pay all applicable fees for the Services. WISPRER may be provided free of charge for a certain period of time or to certain individuals. Please see details of this on our web site, www.wisprer.com.
WISPRER also reserves the right to terminate (or suspend access to) your use of the services or your account, for any reason in our discretion, including your breach of these Terms. WISPRER has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in the destruction of any content associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important user submissions you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of WISPRER.
If you have deleted your account by mistake, contact us immediately at firstname.lastname@example.org – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or reimburse us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
These Terms apply to your use of all the services, including the iPhone and iPad or Android applications (the “application”) available via the Apple, Inc. App Store (“Apple”) or Google Play Store (“Google”), but the following additional terms also apply to the application:
Both you and WISPRER acknowledge that the Terms are concluded between you and WISPRER only, and not with Apple App Store or Google Play Store and that they are not responsible for the application or the content;
The application is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the services for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they apply to the services;
You will only use the application in connection with an Apple App Store or Google Play Store device that you own or control;
You acknowledge and agree that Apple App Store or Google Play Store have no obligation whatsoever to furnish any maintenance and support services with respect to the application;
In the event of any failure of the application to conform to any applicable warranty, including those implied by law, you may notify Apple App Store or Google Play Store of such failure;
You acknowledge and agree that WISPRER, and not Apple App Store or Google Play Store, is responsible for addressing any claims you or any third party may have in relation to the application;
You acknowledge and agree that, in the event of any third party claim that the application or your possession and use of the application infringes that third party’s intellectual property rights, WISPRER, and not Apple App Store or Google Play Store, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted parties;
Both you and WISPRER acknowledge and agree that, in your use of the application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
Both you and WISPRER acknowledge and agree that Apple and Apple’s subsidiaries and/or Google and Google’s subsidiaries are third party beneficiaries of this Agreement, and that upon your acceptance of this Agreement, Apple and/or Google will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as the third party beneficiary hereof.
Warranty Disclaimer. WISPRER does not make any representations or warranties concerning any content contained in or accessed through the services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the services. services purchased or offered (whether or not following such recommendations and suggestions) through the services are provided “AS IS” and without any warranty of any kind from WISPRER or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product).
The services and content are provided on an “as-is” basis, without warranties or any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of the services will be uninterrupted or error-free. some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
Limitation of liability. To the fullest extent allowed by applicable law, under no circumstances and under no legal theory (including, without limitation, tort, contract, strict liability, or otherwise) shall WISPRER be liable to you or to any other person for (a) any indirect, special, incidental, or consequential damages of any kind, including damages for lost profits, loss of goodwill, work stoppage, accuracy of results, or computer failure or malfunction, or (b) any amount, in the aggregate, in excess of the greater of (i) $100 or (ii) the amounts paid by you to WISPRER in connection with the services in the twelve (12) month period preceding this applicable claim, or (iii) any matter beyond our reasonable control.
Some states do not allow the exclusion or limitation of certain damages, so the above limitation and exclusions may not apply to you.
Indemnity. You agree to indemnify and hold WISPRER, its affiliates, officers, agents, employees, and partners harmless for and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), if you have an account, we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your services account, in any way (by operation of law or otherwise) without WISPRER’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Miscellaneous. You will be responsible for paying withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the services, provided that WISPRER may, in its sole discretion do any of the preceding on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and WISPRER agree that these Terms are the complete and exclusive statement of the mutual understanding between you and WISPRER, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all modifications to these Terms must be in a writing signed by both parties (except as otherwise provided herein). No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind WISPRER in any respect whatsoever. Except as expressly outlined in the section above regarding the Apple and Google application, you and WISPRER agree there are no third party beneficiaries intended under this Agreement.
Last updated September 7, 2018