CHYP Terms and Conditions
Effective: March 3, 2020
Please read these terms and conditions carefully and in its entirety before using the Creative Healing for Youth in Pain (“CHYP,” “we,” “our,” or “us”) website, communications, intellectual property, material created by, licensed by, copyrighted by, owned by, derived from, published by, or affiliated with CHYP.
Users Acknowledgement and Acceptance of Terms: This website is owned and operated by CHYP, a nonprofit organization and corporation under the laws of California, United States. The CHYP website provides content and services to you (“user,” “users,” “you,” or “your”), based on your acknowledgement, acceptance of, and compliance with all the terms, conditions, and notices contained or referenced herein (the “CHYP Terms and Conditions”), as well as any other written agreement between CHYP and you. In addition, when using particular services or material on the CHYP website, users are subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these CHYP Terms and Conditions.
CHYP reserves the sole right to either modify or discontinue the CHYP website, including any of the CHYP website’s features, at any time with or without notice to you. CHYP will not be liable to you or any third party should we exercise such right. Any features that augment or enhance the then-current services on the CHYP website shall also be subject to the CHYP Terms and Conditions.
Children’s Use: The minimum age to use the CHYP website is age 13 with a guardian. CHYP is committed to helping users with chronic pain between the ages of 13 and 18 and guardians (age 18 and up) of youth with chronic pain. Although CHYP does require personal identification information from some users, it is not the responsibility or liability of CHYP to determine the accuracy or legitimacy of the personal identification information provided. All CHYP users are using the CHYP website and CHYP services at their own risk. For this reason, all users between the ages of 13 to 17 must have guardian consent to participating (which CHYP will also not be responsible for regulating the legitimacy of).
Notice to Caregivers and Guardians: You are responsible for monitoring and supervising your child’s use of the CHYP website. If your child is using the CHYP website or CHYP services without your express consent and is under 18, please contact us immediately so that we can attempt to disable/limit his or her access. If you have questions about CHYP, please contact us at (firstname.lastname@example.org).
Personal Identification Information and Privacy: In order to access the services on the and through the CHYP website, you may be required to use an account (including a username and password) that can be obtained by completing our online registration form. By registering on the CHYP website, you agree that all information provided in the registration process is true and accurate. You also agree that you will maintain and update your personal identification information in order to keep it current, complete, and accurate.
Conduct: Your use of the CHYP website is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the CHYP website. By posting information or otherwise using any communications services or other interactive services that may be available to you on or through the CHYP website, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content – including, but not limited to, text, communications, software, images, sounds, video, data, or other information that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, exploitative, bullying, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including, but not limited to, sexual language of a violent or threatening nature, directed at another individual or group of individuals), or otherwise violates the CHYP rules or policies;
- victimizes, harasses, degrades, exploits, bullies, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
- impersonates any person or entity, including any members of the CHYP team or Affiliates (as defined below).
CHYP neither endorses nor assumes any liability for the contents of any material uploaded or submitted by users or third-party users of the CHYP website. The CHYP team are not expected to pre-screen, monitor, or edit the content posted by users of communications services, chat room, post, message board, newsgroup, software library, video chat, or other interactive services that may be available on or through the CHYP website. However, the CHYP team has the right at their sole discretion to remove any content that, in our judgment, does not comply with the CHYP Terms and Conditions and any other rules of user conduct for the CHYP website, or is otherwise harmful, objectionable, or inaccurate. CHYP is not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against CHYP arising out of such removal of content.
In addition, you may not use the CHYP website or your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the CHYP website may be available to you or other authorized users of the CHYP website. You shall not interfere with anyone else’s use and enjoyment of the CHYP website or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that CHYP may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with CHYP and/or the CHYP website without prior notice to you for violating any of the above provisions. In addition, you acknowledge that CHYP will cooperate fully with investigations of violations of systems or network security at other websites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
You are solely responsible for your interactions with other users or CHYP representatives, owners, successors, directors, officers, shareholders, suppliers, employees, volunteers, contractors, distributors, agents, licensees, licensors, assigns and persons, companies and organizations acting under CHYP’s permission or authority (collectively referred to as “Affiliates”). CHYP reserves the right, but has no obligation, to monitor disputes between you and other users. You acknowledge that CHYP and our Affiliates are not liable or responsible for defamatory, libelous, slanderous, offensive, inaccurate, objectionable, or illegal words, communications, contents or actions of users, interviewees or third parties. CHYP and our Affiliates cannot guarantee the identity of other users or the reliability and accuracy of any information they may provide.
If you submit, input or upload any submission to an area of the CHYP website accessed by or accessible to the general public or to CHYP users, such as comment areas and forums, or to publicly accessible areas of other websites or media owned by CHYP, you continue to retain all ownership rights in such submission. However, you automatically represent and warrant that:
- Such submission is not private, confidential, or proprietary.
- The owner of such submission hereby expressly grants CHYP and our Affiliates a royalty-free, fully paid-up, perpetual, irrevocable, worldwide, unlimited, nonexclusive, fully sublicensable right and license to use, copy, backup, store, reproduce, create derivative works from, edit, modify, adapt, alter, encode, print, publish, quote, excerpt, paraphrase, translate, transcribe, display, offer for sale, perform, anthologize and otherwise distribute all or a portion of such submission in whole or part in any or all media or medium, form, format or forum, or technologies now known or hereafter developed throughout the universe for all purposes including, without limitation, websites, downloadable and/or streaming podcasts, e‑books, print, periodicals, audio, audiovisual and/or multimedia presentations and/or broadcasts, trade, advertising, commercial and noncommercial and promotion purposes, without restriction as to changes, alterations or presentation.
- The owner of such submission hereby expressly grants that CHYP and our Affiliates may sublicense CHYP’s rights through multiple tiers of sublicenses.
- The owner has no right or expectation of compensation for such submission that you provide to CHYP, the CHYP website, CHYP content or to our Affiliates acting under CHYP’s permission or authority.
- Any person and entity pictured, named or described in the submission hereby expressly grants CHYP and our Affiliates a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive, fully sublicensable right and license to use, backup, copy, reproduce, create derivative works from, edit, modify, adapt, alter, encode, print, publish, quote, excerpt, paraphrase, translate, transcribe, display, sell, perform, anthologize and otherwise distribute all or a portion of such submission in whole or part in any or all media or medium, form, format or forum, or technologies now known or hereafter developed throughout the universe for all purposes including, without limitation, websites, downloadable and/or streaming podcasts, e-books, print, periodicals, audio, audiovisual and/or multimedia presentations and/or broadcasts, trade, advertising, commercial, noncommercial and promotion purposes, without restriction as to changes, alterations or presentation, and has also expressly granted that CHYP and our Affiliates may sublicense CHYP’s rights through multiple tiers of sublicenses.
- Any person or entity pictured, named or described has no right or expectation of compensation for the use of this information, intellectual property or other materials;
In no event shall CHYP or our Affiliates be liable to you or any third party in connection with the CHYP website, the content or with any submission that you or any third party submits, posts or otherwise provides to CHYP, the CHYP website, or content.
Third-Party Websites and Information: The CHYP website may link you to other websites or apps on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These websites may contain information or material that some people may find inappropriate or offensive. These other websites and parties are not under CHYP’s control, and you acknowledge that CHYP is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement or recommendation of, or association with, the website or party by CHYP, or any warranty of any kind, either express or implied.
Intellectual Property Information: For purposes of the CHYP Terms and Conditions, “content” can be defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on the CHYP website. This content includes but is not limited to, information, opinions, reviews, ideas, statements, audio, videos, recordings, photos, illustrations, graphics, text, interviews, podcasts, notes, comments, webinars, forums, teleconferences, apps, descriptions, studies, data, design, layout, logo, social media, posts, blogs, forums, chat rooms, live chats, video chat platforms, publications, links, lists of resources, advocacy information, computer code, printed matter, products, services, ads, materials, other intellectual property/original content.
By accepting the CHYP Terms and Conditions, you acknowledge and agree that all content presented to you on or through the CHYP website is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of CHYP and/or its Affiliates. You are only permitted to use the content as expressly authorized by CHYP or the specific content provider. You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from the CHYP website in any form or by any means without prior written permission from CHYP or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on the CHYP website. Any unauthorized use of the materials appearing on the website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Neither CHYP nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this website will not infringe the rights of third parties.
All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of CHYP or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in the CHYP Terms and Conditions grants you any right to use any trademark, service mark, logo, and/or the name of CHYP or its Affiliates.
CHYP owns all title, rights, and interest in CHYP website and in all CHYP‑owned, CHYP-created and/or CHYP-copyrighted intellectual property. CHYP grants you a limited, revocable license to access the CHYP website and content. Only as permitted by law, you are authorized to view, read, listen to, link to, interact with, and bookmark the CHYP website. Only as permitted by law, if CHYP makes available download buttons for some or all of the content found on our CHYP website, you are authorized to download and/or use the content for your informational, noncommercial use, provided that you refrain from modifying, distributing and/or creating derivative works from them, and that you leave all the disclaimers and copyright notices, including copyright management information and other proprietary notices, intact. This authorization is revocable at CHYP’s discretion and terminates at the time that the CHYP website terminates, and you will have no further right to use the CHYP website or content or both.
In addition to the free CHYP content or services, we may offer “premium” CHYP content or services and/or other intellectual property available for a CHYP‑specified fee or donation amount. If you choose to purchase, subscribe to, or otherwise obtain this premium CHYP content or services and/or other premium intellectual property, CHYP grants you a limited, revocable license to access the premium content or services and/or other premium intellectual property. Only as permitted by law, you are authorized to download them for your informational, noncommercial use, provided that you refrain from modifying, distributing and/or creating derivative works from them, and that you leave all the disclaimers and copyright notices, including copyright management information and other proprietary notices, intact. This authorization is revocable at CHYP’s discretion and terminates at the time that the CHYP website terminates, and you will have no further right to use the CHYP website or content or both.
Aside from the limited, revocable licenses granted in the preceding paragraphs, no portions of the CHYP website or content may be copied, duplicated, reproduced, used to create derivative works from, edited, adapted, altered, encoded, printed, published, translated, transcribed, distributed, sold, performed, anthologized, displayed, downloaded, modified, transmitted, reverse engineered or decrypted. The systematic retrieval of data from the CHYP website or content or both is also prohibited. The commercial use, transmission, modification, adaptation, reproduction, publication and/or distribution of any CHYP-owned, CHYP-created and/or CHYP-copyrighted intellectual property and/or other materials found on the CHYP website and/or in our content is strictly prohibited without our prior written consent.
- If CHYP makes available embed codes for some of our free content, you are permitted to use those codes to embed that content on your own website and/or social media–provided that you identify CHYP as the source of the embedded content and include a link to the CHYP website. 2. If we make available social-media buttons on the CHYP website, you may take such actions as is enabled by those buttons.
- You are permitted to link to the CHYP website. These exceptions are revocable at CHYP’s discretion and terminate at the time that the CHYP website terminates, and you will have no further right to use the CHYP website or content or both.
You are responsible for your use of the CHYP website and/or content. You are also responsible for all information, intellectual property and/or materials that you upload, submit, post or otherwise make available to or through CHYP.
Payments, Fees, Charges, and Donations: All payments, fees, charges, and donations (including premium fees and specific content/services fees) made on or through the CHYP website is non-refundable and must be redeemed prior to the content/service delivery. Cancellation of your subscription, payments, fees, charges, or donations can be made at any time but will only effect future payments, fees, charges, or donations (not past payments, fees, charges, or donations). To cancel future payments, fees, charges, or donations or to delete your account please contact: (email@example.com).
Please do not submit confidential or proprietary information to CHYP unless we have mutually agreed in writing otherwise. CHYP is also unable to accept your unsolicited ideas or proposals, so please do not submit them to CHYP in any circumstance.
CHYP respects the intellectual property of others, and we ask you to do the same. If you or any user of this website believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to CHYP (firstname.lastname@example.org) immediately. To be effective, the notification must include:
- Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed.
- Identify the material that you claim is infringing the copyrighted work.
- Provide information reasonably sufficient to permit CHYP to contact you (email address is preferred).
- Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
- Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- Sign the paper.
- Send the written communication to the following address: (email@example.com and/or 5041 Valjean Ave., Encino, CA 91436)
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, CHYP may immediately remove the identified materials from the CHYP website without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act. A copy of your notification will be sent to the person who posted or stored the material addressed in the notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a notification.
Disclaimer: IF YOU ARE EXPERIENCING AN EMERGENCY OF ANY KIND, YOU SHOULD DIAL “911” IMMEDIATELY.
This is a vulnerable population. CHYP understands that chronic pain is linked to mental health issues (like depression and anxiety). However, self-harm/suicidal comments or threatening comments (to self or to others) will be removed, at any time and for any reason, at the discretion of the CHYP team. However, CHYP is not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against CHYP arising out of such removal of content. Please see the “Emergency Resources” page on the CHYP website for emergency protocol on such matters, but CHYP in no way claims to be an emergency resource itself. The “Emergency Resources” page is purely a courtesy for users. CHYP IS NOT AN EMERGENCY SERVICE, NOR DOES IT OPERATE 24/7. CHYP does not accept liability or responsibility for any content on the CHYP website or through CHYP services that results in injury, harm, or death to self or to others. If you feel like you or someone else is in danger, please follow the appropriate emergency protocol or call “911.”
While information posted on the CHYP website is believed to be reliable and accurate at the time of posting, CHYP does not guarantee, represent or warrant that the information contained on the CHYP website is accurate, complete, reliable, verified, error free, or fit for any purpose.
CHYP does not provide any physicians’, clinicians’, or other providers’ services itself. All of the providers are independent of CHYP and use the CHYP services as a way to communicate with you. Any information or advice received from a provider comes from them alone, and not from CHYP. Your interactions with the providers via the CHYP services are not intended to take the place of your relationship with your regular health care practitioners or clinicians. Neither CHYP, nor any of its Affiliates or any third party who may promote the services or provide a link to the services, shall be liable for any professional advice obtained from a health care provider via the service or for any other information obtained on the CHYP website. CHYP does not endorse any specific tests, physicians, clinicians, medications, products or procedures that are recommended by providers that may use CHYP to communicate with you. You acknowledge that your reliance on any health care providers or information provided by the providers via the services is solely at your own risk and you assume full responsibility for all risk associated herewith.
CHYP DOES NOT REPRESENT IN ANY WAY THAT ANY ADVICE PROVIDED BY A CHYP TEAM MEMBER OR PROVIDER CONSTITUTES QUALIFIED EXPERT ADVICE.
CHYP does not make any representations or warranties about the training or skill of any health care or mental health providers who provide services via the services.
The content, products and services offered herein are here to educate consumers on healthcare, medical, psychological, and social issues that may affect their daily lives. THE CONTENT OF THE CHYP WEBSITE AND THE SERVICES, INCLUDING WITHOUT LIMITATION, TEXT, COPY, AUDIO, VIDEO, PHOTOGRAPHS, ILLUSTRATIONS, GRAPHICS AND OTHER VISUALS, IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE PROFESSIONAL MEDICAL OR CLINICAL ADVICE, DIAGNOSIS, TREATMENT OR RECOMMENDATIONS OF ANY KIND. ALL CONTENT AND SERVICES IS PROVIDED PURELY FOR THE SAKE OF GENERAL PSYCHOEDUCATION AND PHYSIOEDUCATION. THE CHYP WEBSITE OFFERS EDUCATIONAL INFORMATION AND IS DESIGNED FOR INFORMATIONAL PURPOSES ONLY. NOTHING STATED OR POSTED ON THE CHYP WEBSITE OR AVAILABLE THROUGH ANY CHYP SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL, OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH OR NUTRITION CARE, TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. YOU SHOULD NOT RELY ON ANY INFORMATION ON THE CHYP SERVICE AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR PHYSICAL OR MENTAL HEALTH, YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL. DO NOT EVER DISREGARD, AVOID, OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON OR LEARNED ABOUT THROUGH THE CHYP WEBSITE OR CHYP SERVICES. THE USE OF ANY INFORMATION PROVIDED ON THE CHYP WEBSITE OR CHYP SERVICES ARE SOLELY AT YOUR OWN RISK.
YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR QUALIFIED HEALTH CARE PROFESSIONALS AND MENTAL HEALTH PROFESSIONALS WITH ANY QUESTIONS OR CONCERNS YOU MAY HAVE REGARDING YOUR INDIVIDUAL NEEDS, ANY MEDICAL CONDITIONS, AND ANY PSYCHOLOGICAL CONDITIONS. ALL INFORMATION PROVIDED BY CHYP OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY CHYP, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS WITH CHYP PROVIDERS IS INTENDED TO BE FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND IS IN NO WAY INTENDED TO CREATE A CLINICIAN–PATIENT OR CLINICIAN-CLIENT RELATIONSHIP AS DEFINED BY STATE AND FEDERAL LAW. THE CHYP WEBSITE AND SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL OR CLINICAL DIAGNOSIS OR TREATMENT. RELIANCE ON ANY INFORMATION APPEARING ON THE CHYP WEBSITE, WHETHER PROVIDED BY CHYP, ITS CONTENT PROVIDERS, MEDICAL EXPERTS, CLINICAL EXPERTS, USERS, VISITORS TO THE CHYP WEBSITE OR OTHERS, IS SOLELY AT YOUR OWN RISK. WHILE CHYP FACILITATES YOUR COMMUNICATIONS AND OTHER INTERACTIONS WITH PHYSICIANS, CLINICIANS, AND OTHER PROVIDERS, IT DOES NOT PROVIDE MEDICAL OR PSYCHOLOGICAL SERVICES.
Some movements and sequences provided on the CHYP website are a form of exercise. As with any type of exercise, CHYP’s movements and sequences are not without risk, and participation in any activities or services on or through the CHYP website, may result in injury so do so within the boundaries of your own capabilities. Participation in CHYP website services is voluntary and constitutes recreational activity.
Any person who participates in CHYP website activities and services does so at their own risk. To reduce the risk of injury, you should consult your doctor prior to use. THIS IS PARTICULARLY TRUE IF YOU (OR YOUR FAMILY) HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, OR IF YOU HAVE EVER EXPERIENCED CHEST PAIN WHEN EXERCISING, SMOKE, HAVE HIGH CHOLESTEROL, OR HAVE A BONE OR JOINT PROBLEM THAT COULD BE MADE WORSE BY A CHANGE IN PHYSICAL ACTIVITY. DO NOT USE CHYP SERVICES IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING, YOU SHOULD STOP IMMEDIATELY. As with any exercise program, if at any point during your use of CHYP services, you believe conditions or exercises to be unsafe or begin to feel faint or dizzy, have physical discomfort, or pain, you should stop immediately and consult a doctor.
ALL MATERIALS AND SERVICES ON THE CHYP WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, CHYP MAKES NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE CHYP WEBSITE, FROM CHYP, OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS.
The CHYP website could include technical or other mistakes, inaccuracies or typographical errors. CHYP may make changes to the materials and services on or through this website, including the prices and descriptions of any products listed herein, at any time without notice. The materials or services on or through the CHYP website may be out of date, and CHYP makes no commitment to update such materials or services.
The use of the services or the downloading or other acquisition of any materials through the CHYP website is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from such activities.
Through your use of the CHYP website, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. CHYP MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE CHYP WEBSITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE CHYP WEBSITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY CHYP OR ANY OTHER OF OUR AFFILIATES.
Content available through the CHYP website often represents the opinions and judgments of an information provider, website user, or other person or entity not connected with CHYP. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone.
You understand and agree that temporary interruptions of the services available through the website may occur as normal events. You further understand and agree that CHYP has no control over third-party networks you may access in the course of the use of this website, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on and through the CHYP website are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability: THE CHYP WEBSITE AND CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THERAPEUTIC OR MEDICAL SERVICES, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY AND NONINFRINGEMENT, ALL OF WHICH CHYP EXPRESSLY DISCLAIMS. CHYP DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, SAFETY, SECURITY, PRECISION, THOROUGHNESS OR RELIABILITY OF THE CHYP WEBSITE OR CONTENT, AND CHYP AND OUR AFFILIATES WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE CHYP WEBSITE OR CONTENT.
Without limiting the foregoing, CHYP makes no representations or warranties:
- That the CHYP website and CHYP services are suitable for you;
- Regarding the adequacy or safety of the CHYP website and CHYP services for any particular user;
- That the CHYP website and CHYP services will meet your personal needs;
- That the CHYP website and CHYP services will meet your personal goals;
- That the CHYP website and the CHYP services will be permitted in your jurisdiction;
- That the CHYP website and the CHYP services will be uninterrupted or error-free;
- Concerning any content submitted by any CHYP team member or provider;
- Concerning any content submitted by any user;
- Concerning any third party’s use of content that you submit;
- That the CHYP website and CHYP services will continue to support any particular feature of the CHYP service; or
- Concerning websites and resources outside of the CHYP website and CHYP services, even if linked to from the CHYP website and/or CHYP services.
CHYP HAS NO DUTY TO UPDATE THE CHYP WEBSITE OR CONTENT. CHYP MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CHYP WEBSITE OR CONTENT WILL BE UNINTERRUPTED, ERROR-FREE, BUG-FREE OR PROBLEM-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE CHYP WEBSITE OR CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY WEBSITE OR CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN TYPES OF DISCLAIMERS, SUCH AS THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. TO THE EXTENT PERMITTED BY LAW, CHYP EXCLUDES ALL WARRANTIES.
YOUR USE OF THE CHYP WEBSITE OR CONTENT OR BOTH IS AT YOUR OWN RISK. CHYP AND OUR AFFILIATES SPECIFICALLY DISCLAIM ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES—INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, GOODWILL, USE, DATA, CONFIDENTIALITY, PRIVACY, PROPRIETARY INFORMATION AND OTHER INTANGIBLE LOSSES (REGARDLESS OF WHETHER WE WERE ADVISED OF THE POSSIBILILITY OF SUCH DAMAGES)—ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO, USE OF OR RELIANCE ON THE CHYP WEBSITE OR CONTENT OR BOTH (EVEN IF CHYP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO, FROM, OR ABOUT THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS, COMMUNICATION-LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR CONTENT OR BOTH, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, SOFTWARE OR COMPUTER-CODE FAILURE, VIRUSES, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE CHYP WEBSITE OR CONTENT OR BOTH. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF CHYP AND OUR AFFILIATES FOR ANY CLAIMS, CAUSES OF ACTION OR DISPUTES UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID CHYP TO USE THE WEBSITE OR CONTENT OR $1 (ONE U.S. DOLLAR), WHICHEVER IS GREATER. THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT INCREASE THIS LIMIT.
IN NO EVENT SHALL CHYP OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE CHYP WEBSITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHERMORE, CHYP SHALL NOT BE LIABLE IN ANY WAY FOR THIRD-PARTY GOODS AND SERVICES OFFERED THROUGH THIS WEBSITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS ARE TO THE EXTENT PERMITTED BY LAW.
Indemnification: Upon a request by CHYP, you agree to defend, indemnify, and hold CHYP and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of the CHYP website. We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with CHYP in asserting any available defenses.
Security and Password: You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. CHYP personnel will never ask you for your password. You may not transfer or share your account with anyone, and CHYP reserves the right to immediately terminate your account if you do transfer or share your account.
Communications: CHYP may make email, messaging, blogging, posting, video chat, or chat services (collectively referred to as “Communications”) available to users of the CHYP website, either directly or through a third-party provider. CHYP makes available separate supplemental agreements characterizing the relationship between you and us that, except where expressly noted or contradictory, includes these CHYP Terms and Conditions.
CHYP may employ automated monitoring devices or techniques to protect CHYP users from mass unsolicited communications (also known as “spam”) and/or other types of electronic communications that we deem inconsistent with CHYP business purposes. However, such devices or techniques are not perfect, and CHYP will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.
International Use: Although the CHYP website may be accessible worldwide, CHYP makes no representation that materials on the CHYP website are appropriate or available for use in locations of or outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws. If you are located outside the United States, be aware that any information, intellectual property or other materials you provide to CHYP will be transferred to the United States and/or other countries. By using the CHYP website or content or both, or by providing us with your information, intellectual property or other materials, you consent to this transfer. Also be aware that any content you download may be coming from the United States and/or other countries. By using the CHYP website or content or both, you consent to this downloading. Any offer for any product, service, and/or information made in connection with this website is void where prohibited.
Termination of Use: You agree that CHYP may, in our sole discretion, terminate or suspend your access to all or part of the CHYP website with or without notice and for any reason, including, without limitation, breach of these CHYP Terms and Conditions. Any suspected fraudulent, abusive, or illegal activity may be grounds for terminating our relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on the CHYP website immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the CHYP website. CHYP shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by CHYP in connection with such termination or suspension.
Governing Law: The CHYP website (excluding any linked sites) is controlled by CHYP from within the United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of California, by accessing the CHYP website both you and CHYP agree that the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of the CHYP website and the purchase of products and services available through the CHYP website.
Notices: All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to CHYP must be sent to the attention of Customer Service at firstname.lastname@example.org, if by email, or at 5041 Valjean Ave. Encino, CA 91436, if by conventional mail. Notices to you may be sent to the address supplied by you as part of your registration. In addition, CHYP may broadcast notices or messages through the CHYP website to inform you of changes to the CHYP website or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
Entire Agreement: These CHYP Terms and Conditions constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These CHYP Terms and Conditions may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and CHYP. To the extent that anything in or associated with the CHYP website is in conflict or inconsistent with these CHYP Terms and Conditions, these CHYP Terms and Conditions shall take precedence.
Miscellaneous: Please be respectful and courteous to the CHYP team, providers, and users of the CHYP website and CHYP services.
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of the CHYP website, or use of or access to the CHYP website.
In addition to any excuse provided by applicable law, CHYP shall be excused from liability for non-delivery or delay in delivery of products and services available through the CHYP website arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
If any part of the CHYP Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by CHYP to enforce or exercise any provision of the CHYP Terms and Conditions or related rights shall not constitute a waiver of that right or provision.
Litigation: In any action to enforce the CHYP Terms and Conditions, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action brought by you against CHYP or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.
You may not assign your rights and obligations under these CHYP Terms and Conditions to any party, and any purported attempt to do so will be null and void. CHYP may free assign our rights and obligations under these CHYP Terms and Conditions.
Feedback: CHYP welcomes constructive feedback (both positive and negative) on the CHYP website and your CHYP service experience. CHYP asks that you contact us directly at (email@example.com) so that we can be sure we hear your thoughts on the CHYP website and CHYP services and strive to improve.
Contact Information: If you notice that any user is violating these CHYP Terms and Conditions, please contact us at (firstname.lastname@example.org).
This document was last updated on (March 3, 2020)