Terms and Conditions

Welcome

Peer Health Exchange strives to make our website, products and services a welcoming and affirming space for young people and their identities. We can’t create a safe and affirming space without young people like you, and this is why we’ve created these Terms and Conditions, which outline your rights and responsibilities as a user.  If you have any questions about what is covered in these Terms and Conditions, please reach out to us at Phe-it@peerhealthexchange.org or support@selfsea.org.

These Terms and Conditions govern Peer Health Exchange (“PHE,” “we,” “us” or “our”), including with PHE’s website, http://peerhealthexchange.org (the “Website”), our selfsea application (including our web-based selfsea app at http://selfsea.org and our selfsea mobile application (the “selfsea Mobile App”) (collectively, the “selfsea Apps”)); and any and all platforms and other Internet-related, text-based or in-person services operated by PHE (collectively, the “Services”) at all times.  By accessing or using our Services or any of the information we provide through our Services, you acknowledge that you have read, understood, and agree to be bound by the following Terms and Conditions, and any future revisions thereof(collectively, the “Terms”).  If at any time you don’t agree to these Terms, please immediately discontinue your use of PHE’s Services.

OUR SERVICES ARE NOT INTENDED TO REPLACE PROFESSIONALSUPPORT.  We firmly believe in the power of peer support; however, as further described below, in lots of situations peer support is not appropriate and should not be used as a replacement for professional support or information from a medical or mental health professional.

We also do not provide crisis support or counseling services.  Other organizations, such as Crisis Text Line and Suicide Prevention Lifeline, provide 24/7, free, and confidential support for people in distress, prevention and crisis resources for you or your loved ones, and best practices for professionals.  If you’re in a crisis, text HEALTH to 741741to connect with a counselor at Crisis Text Line or call the Suicide Prevention Lifeline at 1-800-273-8255.

We respect your privacy!  In our commitment to the safety of all young people who will use the selfsea Apps, except as set forth in our Privacy Policy, which is incorporated by reference into the Terms and Conditions and is a part of our agreement with you, we will not collect or share any personally identifiable information of our users.  For instance, our selfsea Mobile App, provides a “communities” feature where you can find a safe place to talk about what you’re experiencing by posting anonymously in identity-centered and content-specific discussion forums—which are moderated by PHE staff—using only your username and app profile.  

Both selfsea Apps were designed to minimize the collection of data and ensure that any information you provide is not personally identifiable to other app users and PHE volunteers and mentors.  To access PHE resources via our web-based app at http://selfsea.org, which does not include the “communities” feature, you may do so without creating an account. If you decide to create an account with our web-based app, PHE may collect your email address, preferred username, and birth month and year for account authentication purposes.  To access our selfsea Mobile App, PHE may collect your email, preferred username, and birth month and year, and this information will also only be used for account authentication purposes.  In addition, the username you choose must not convey any information that may identify you and must be pre approved by PHE.  Once your account is verified and username approved, you may choose to share more information about yourself, such as your gender identity, race or ethnicity and content interests that will be linked to your anonymized profile.

In addition to the apps, PHE provides in-person services.  To protect the privacy and safety of PHE volunteers and mentors, you agree to not communicate with PHE volunteers and mentors outside of the Services.

Don’t Share Your Personal Information

As part of our commitment to the safety of all young people, we are committed to maintaining the anonymity of all selfsea App users as set forth in our Privacy Policy. Accordingly, we require you to not share your name, phone number, home address, email address, or other personal information on the public areas of our Website or selfsea Apps.  PHE also requires you to maintain the confidentiality of your username for any PHE portals, including the selfsea Mobile App.  As described below, PHE moderates posts and comments in the discussion forums of the selfsea Mobile App and reserves the right to make slight edits to each post, which may include removing any personal information.

However, you acknowledge that PHE cannot guarantee your anonymity since, depending on your specific situation and circumstances, the contents of your posts, and whether you have disclosed your selfsea Mobile App user name to others, on occasion someone may be able to identify you or narrow down your identity to a smaller group of app users.  You should understand this risk before contributing content to the selfsea Mobile App.

Age Restrictions

Although we welcome users from all walks of life, our Services are not intended or directed at individuals under the age of 13.  We do not knowingly collect information from children under the age of 13.  If you are under the age of 13, you must not use the selfsea Apps.  If we become aware that you are under 13 and using the selfsea app or our site, we will terminate your user account and ban your device. 

Moreover, unless you are a PHE staff member, volunteer or mentor, our Services are not intended or directed at individuals at or over the age of 18.  If you are 18 or older and using the Services, we may terminate your user account.

Revisions to These Terms

Because PHE websites change from time to time, PHE reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time without notice.  Prior to each visit to the PHE’s website, please check the Terms to determine the current Terms to which you are bound.  The date of the most recent revision shall be noted at the beginning of these Terms.  Your continued use of the Services after the posting of changes will constitute your acceptance of such changes at the time of each use.  If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.

These Terms may only be modified in writing as set forth in this paragraph, and may not be modified orally.

Permission and Restrictions

Subject to the terms and conditions herein, and until these Terms are terminated pursuant to the “Termination” Section below, PHE grants you permission to use the Services asset forth in these Terms, provided, however, that (i) you do not engage in any of the prohibited uses described in these Terms; (ii) you adhere to and do not violate the selfsea Community Agreement, as summarized below; and (iii) you will otherwise fully comply with these Terms.

Content Disclaimer

You understand that, when using the Services or any resources provided by PHE, you may be provided with various mental health resources and other related information, which may include text, images, graphs, video, research sources, and other content (collectively, the “Content”).  You acknowledge and agree that PHE is not responsible for the accuracy, integrity, quality, legality, usefulness, safety, or intellectual property rights correlating to such Content.  Although PHE makes reasonable efforts to ensure that the Content is accurate, you understand, acknowledge and agree that we may provide you with Content that is inaccurate, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against PHE with respect thereto.  Under no circumstances will PHE be liable in any way for or in connection with your reliance on any Content, including for any inaccuracies, errors or omissions in any Content (or for the failure to provide notices of any such Content), or for any loss or damage of any kind incurred as a result of the use of any Content posted, uploaded or otherwise displayed or transmitted via the Services.

Prohibited Uses

1.     You agree not to reproduce, duplicate, copy, sell, trade, resell, distribute or exploit, any portion of the Services, use of the Services, or access to the Services, for any purpose other than as the Services are offered by PHE.

2.     You agree not to intentionally interfere with or damage, impair or disable the operation of the Services or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code.

3.     You agree not to remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Services, features that prevent or restrict the use or copying of any content accessible through the Services, or features that enforce limitations on the use of the Services.

4.     You agree not to attempt to gain unauthorized access to the Services, or any part of it, or computer systems or networks connected to the Services, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services.

5.     You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.  You agree neither to modify the Services in any manner or form, nor to use modified versions of the Services, including for the purpose of obtaining unauthorized access to the Services.

6.     You agree not to submit or otherwise make available through the Services any content:  (i) that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, or invasive of another’s privacy, or harmful to minors in any way; (ii) that includes personal or identifying information about another person without the appropriate consent; (iii) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (iv)that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

7.     You agree that you will not use any robot, spider, scraper, or other automated means to access the Services for any purposes without our express written permission or bypass other measures we may use to prevent or restrict access to the Services.  You agree that you will promptly remove any links that PHE finds objectionable in its sole discretion.

8.     You agree not to use any meta tags or any other “hidden text” utilizing PHE’s name, logos or trademarks without our express written consent.

9.     You agree not to make unsolicited offers, advertisements, or proposals to other users of the Services.  This includes promotions, informational announcements, charity requests, or petitions for signatures.

10.  You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law not withstanding this limitation.

11.  You agree not to modify, adapt, translate or create unauthorized derivative works based upon the Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

Information That You Provide

You agree to read our Privacy Policy, which explains what type of information we collect and what might happen to that information, including how such information is shared and used.

If you choose to send us any message, feedback or data, including any ideas, comments, suggestions or questions regarding any products or services, such information shall be deemed to be nonconfidential.  We shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation.  Further, we shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including incorporating such ideas, concepts, know-how or techniques into the Services and Content.  You are solely responsible for all information which you share, submit, publish, display, disseminate or otherwise communicate through the Services.  You agree that all such content, messages and other communications shall not be deemed to be private or secure, and that any such content, messages and communications can be read by us.  If we ask you to cease and desist from submitting comments or sharing any videos, articles or other content that you obtain from the Services with any third party, you agree to comply with such request immediately.

You agree not to submit, publish, display, disseminate or otherwise communicate any defamatory, inaccurate, abusive, threatening, offensive, indecent, illegal or otherwise objectionable material, or any material that violates any federal, state, or local law in the United States or anywhere else in the world through the Services, including our blog.

To use the selfsea Mobile App, you must agree to adhere to the selfsea Community Agreement, which explains how posts made via the Mobile App’s “communities” feature are moderated prior to posting and reviewed for inappropriate content, including triggering or offensive language, biased or discriminatory statements, or personally identifiable information.  If an already posted comment is later flagged by PHE or users as inappropriate, the comment will immediately be removed for review.  PHE reserves the right to make slight edits to each post, which may include adding or deleting information to ensure the post is in line with the criteria in the selfsea Community Agreement(e.g., removing personal information). Please note that repeated posting of inappropriate content may result in your removal from the selfsea Mobile App. For more information about how we respond to repeated postings of inappropriate content, please see the selfsea Community Agreement.

You acknowledge, consent and agree that PHE may access, preserve and disclose any information that you provide to PHE if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the Terms; (c) respond to your requests for customer service; or (d) protect the rights, property or personal safety of PHE, its users and the public. Please also carefully review our Privacy Policy which governs the collection, use, and disclosure of your personal information.

Third-Party Sites

PHE or third parties may provide links through the Services to other sites or content (“Third-Party Sites”).  PHE has no control over such Third-Party Sites, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability or reliability of Third-Party Sites linked to by Services.  PHE provides links to you only as a convenience, and the inclusion of any link in the Services does not imply our affiliation, endorsement or adoption of the linked site or any information therein.

Access and use of Third-Party Sites, including the information, material, products, and services on Third-Party Sites or available through Third-Party Sites, is solely at your own risk. 

These Terms and Conditions do not govern Third-Party Sites.  You should review applicable terms and policies, including the privacy and data gathering practices, of any Third-Party Sites.

Intellectual Property Protection

The articles, videos and other content made available through the Services or Third-Party Sites may be protected by copyright and other applicable laws.  Some content may not be reproduced, used to prepare derivative works, distributed, performed publicly or displayed publicly without the written permission of the copyright holder, except to the extent allowed under the “fair use” provisions of the U.S. copyright laws, other limitations on exclusive copyrights in the U.S. copyright laws, or comparable provisions of foreign laws.

It is our policy to respect the intellectual property of others and to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act of 1998 (the “DMCA”).  If you believe that your copyrighted work or trademark has been infringed, please contact us and provide all information relevant to any claim of copyright or trademark infringement, including the information specified by the DMCA. Please contact us by email at Phe-it@peerhealthexchange.org or by calling(415) 684-1240.  Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing shall be liable for damages (including costs and attorneys’ fees).

Termination

You agree that PHE, in its sole discretion, may terminate your use of the Services, or any part thereof, at any time, with or without notice, without liability to you, if you have failed or we suspect you have failed to comply with any provision of these Terms.  PHE may also in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice.  You agree that any termination of your access to the Services, or any part thereof, may be effected without prior notice, and you agree that PHE shall not be liable to you or any third party for any such termination.  Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies PHE may have at law or in equity.

Indemnification; Hold Harmless

You agree to indemnify and hold harmless PHE and affiliates or any related companies (including those which share substantially common ownership), its suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of any of them from any and all claims, losses, obligations, damages, liabilities, costs or debt and expenses(including attorney’s fees) arising out of (i) your use or misuse of the Services; (ii) your violation of these Terms; (iii) your violation of the rights of any other person or entity; and (iv) your breach or alleged breach of the any representations, warranties, and covenants herein.  PHE reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.  You agree not to settle any matter without the prior written consent of PHE.  PHE will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Disclaimers; No Warranties

1.     No warranties.

To the fullest extent permissible pursuant to applicable law, PHE and its affiliates, partners, and suppliers disclaim all warranties, statutory, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement of proprietary rights.  No advice or information, whether oral or written, obtained by you from PHE or through the Services will create any warranty not expressly stated herein.  You expressly acknowledge that as used in the sections titled “disclaimers; no warranties” and “limitation of liability and damages,” the term “PHE” includes PHE’s partners, officers, directors, employees, shareholders, agents, service providers, suppliers, licensors, affiliates and subcontractors.

2. “As Is,” “As Available” and “With All Faults.”

You expressly agree that the use of the Services and the Content provided therein is at your sole risk.  The Services and any media, content (including any Content), software, services or applications made available in conjunction with or through the Services are provided on an “as is,” “as available” and “with all faults” basis without warranties or representations of any kind either express or implied.  PHE, its suppliers, licensors, affiliates, and partners do not warrant and make no representation that the Services and the content provided therein (including any Content), or any other information offered on or through the Services or any third-party sites will be uninterrupted, accurate, reliable, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected.  The Content is provided to you as a tool, not as a replacement for the underlying content about a specific product, and it is your responsibility to review the underlying content and abide by its terms.

3. Harm to Your Computer or Device.

You understand and agree that you use, access, download or otherwise obtain information, materials or data through the Services or any third-party sites at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system) or loss of data that results from the download or use of such material or data.

4. Note regarding Health-Related Information.

Your use of the Services, and any information provided on or in connection with the Services, is at your own risk.  Any health information that may be provided by the Services (a) is not intended as a substitute for professional medical advice, diagnosis or treatment, (b) should not be construed as the provision of advice or recommendations, and (c) should not be relied upon as the basis for any decision or action, including without limitation the diagnosis or treatment of any health problem.  The relationship between you and us is not a physician-patient or similar relationship; always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition, and never disregard professional medical advice or delay in seeking it because of something you have read on the Services. If you think you may have a medical emergency, call your doctor or911 immediately.  We do not recommend or endorse any specific tests, physicians, products, procedures, opinions or other information that may be mentioned on the Services.  Reliance on any information provided by us, our employees, individuals providing information in connection with the Services at the invitation of us, other visitors to the Services or users of any products or services and/or any other third party is solely at your own risk.

Limitation of Liability and Damages

1. Limitation of Liability.

There are inherent risks in relying upon, using, or retrieving any information found on the internet, and we urge you to make sure you understand these risks before using the Services.  Your use of the Services is at your own risk.  You agree that, to the fullest extent permissible by applicable law, under no circumstances, and under no legal theory, including negligence, shall PHE or its directors, officers, affiliates, representatives, contractors, employees, agents or third-party partners or suppliers be liable for any damages, including any special, indirect, incidental, consequential or exemplary damages (including loss of profits, data or use or cost of cover) arising out of or relating to these terms or that result from your use of or the inability to use the Services, the Services materials or other content or information contained on the Services or any third-party sites (including any summarized content), any products or services mentioned in the Services, or any other interactions with PHE, however caused, even if PHE or a PHE authorized representative has been advised of the possibility of such damages.  You acknowledge that the royalty-free basis for receiving the Services resources reflects this allocation of risk.  Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.  In such cases, PHE’s liability will be limited to the extent permitted by law.

Please note that while PHE volunteers and mentors commit to complying with PHE’s Terms and Conditions, Privacy Policy, and Volunteer Agreement, volunteers and mentors are not PHE employees, and thus PHE is not responsible for the acts or omissions of any volunteer or mentor.

2. Limitation of Damages.

In no event shall PHE’s or its affiliates’, contractors’, employees’, agents’ or third-party partners’, licensors’ or suppliers’ total liability to you for all damages, losses, and causes of action arising out of or relating to these terms or your use of or the inability to use the Services, the Content or other content on PHE’s websites or applications or any third-party sites (whether in contract, tort (including negligence), warranty, or otherwise) exceed one hundred ($100) U.S. dollars.

3. Third-Party Sites.

These limitations shall also apply with respect to damages incurred by reason of any products or services sold or provided on any third-party sites or otherwise by third parties other than PHE and received by you or advertised through the Services or received by you through any third-party sites.

Limitations by Applicable Law; Basis of the Bargain

Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages.  If you reside in such a jurisdiction, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights. The limitations or exclusions of warranties, remedies or liability contained in these terms apply to you to the fullest extent such limitations or exclusions are permitted under the laws of the jurisdiction in which you are located.

Miscellaneous

1. Notice.

PHE may provide you with notices, including those regarding changes to PHE’s Terms and Conditions, by email, regular mail or postings on PHE’s websites or applications.  Notice will be deemed given 24 hours after the email is sent, unless PHE is notified that the email address is invalid.  Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Services.  In such case, notice will be deemed given three days after the date of mailing.

2. Governing Law.

You agree that (i) the Services and any services provided by PHE shall be deemed solely based in California; and (ii) PHE’s websites shall be deemed passive websites that do not give rise to personal jurisdiction over PHE, either specific or general, in jurisdictions other than California. These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.  The provisions of the United Nations Convention on the International Sale of Goods and the Uniform Computer Information Transactions Act, however designated, are excluded and shall not apply to these Terms and Conditions or any dealings hereunder.

3. Jurisdiction.

You agree that any action at law or in equity arising out of or relating to these Terms or the Services shall be filed only in the state or federal courts in and for San Francisco County, California and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.

4. Arbitration.

PLEASE READ THE FOLLOWING SECTION CAREFULLY.  IT REQUIRESYOU TO ARBITRATE DISPUTES WITH PHE AND LIMITS THE MANNER IN WHICH YOU CAN SEEKRELIEF.  THIS SECTION OF THIS AGREEMENT SHALL BE REFERRED TO AS THE“ARBITRATION AGREEMENT.”

A. Any and all disputes, claims or controversies arising out of or relating to this Arbitration Agreement, the breach thereof, or any use of the Site (“Claims”), except for claims filed in a small claims court that proceed on an individual (non-class, non-representative) basis, shall be settled by binding arbitration in accordance with American Arbitration Association (“AAA”) governing rules and procedures, including the Supplementary Procedures for Consumer-Related Disputes, where applicable.  In agreeing to arbitrate all Claims, you and PHE waive all rights to a trial by jury in any action or proceeding involving any Claim.  This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate commerce, and shall be governed by and construed and interpreted in accordance with the Federal Arbitration Act (“FAA”) at 9 U.S.C. Section 1, et seq. If for whatever reason the rules and procedures of the FAA cannot apply, the state law governing arbitration agreements in the state in which you reside shall apply.  The parties agree that an award and any judgment confirming it only applies to the arbitration in which it was awarded and cannot be used in any other case except to enforce the award itself.  This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement and shall survive termination of your relationship with PHE.

B. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable.  All disputes regarding the payment of arbitrator or arbitration-organization fees including the timing of such payments and remedies for nonpayment, shall be determined exclusively by an arbitrator, and not by any court.  The arbitration will decide the rights and liabilities, if any, of you and PHE.  The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute.  Subject to the limitations set forth below in this Section, the arbitrator shall have authority to award legal and equitable relief on an individual basis that a judge in a court of law would have, provided that:

·        The arbitrator shall not have authority to award punitive damages unless authorized to do so by statute; and

·        Any and all claims shall be arbitrated on an individual basis only and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party.  You and PHE agree that the arbitrator shall have no authority to arbitrate any Claim as a class action or in any other form other than on an individual basis.

The award shall be binding only among the parties and shall have no preclusive effect in any other arbitration or other proceeding involving a different party.  The arbitrator shall follow the applicable law. The arbitrator’s decision is final and binding on you and PHE.

C. YOU AND PHE AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMSWITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, ORREPRESENTATIVE BASIS.  ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THISARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON ACLASS OR COLLECTIVE BASIS.  CLAIMS OF MORE THAN ONE CUSTOMER OR USERCANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANYOTHER CUSTOMER OR USER.  If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor PHE is entitled to arbitration of such claim or dispute.  Instead, all such claims and disputes will then be resolved in a court as set forth in the “Governing Law” section of these Terms and Conditions.  This provision does not prevent you or PHE from participating in a class-wide settlement of claims.

D. To the maximum extent permitted by law, you permanently and irrevocably waive the right to bring any Claim in any forum unless you provide PHE with written notice of the event or facts giving rise to the Claim within one (1) year of their occurrence, which should be provided in the manner outlined under the “Notice” section of these Terms and Conditions.  

E. Notwithstanding any provision in the Agreement to the contrary, we agree that if PHE makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to PHE.

5. No Waiver.

A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of PHE to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

6. Severability.

If any provision of these Terms shall be unlawful, invalid, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforce ability of any remaining provisions.  If the application of any provision of these Terms to any particular facts or circumstances shall be unlawful, invalid, void or for any reason unenforceable, then (a) the validity and enforceability of such provision as applied to any other particular facts or circumstances and the validity of other provisions of these Terms shall not in any way be affected or impaired thereby, and (b) such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and reformed without further action by the parties to the extent necessary to make such provision valid and enforceable.

7. Assignment.

The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by PHE without restriction.  Any assignment attempted to be made in violation of these Terms shall be void.

8. Relationship of Parties.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and PHE as a result of these Terms or your use of the Services.  You further acknowledge that by submitting information to PHE, no confidential, fiduciary, contractually implied or other relationship is created between you and PHE other than pursuant to these Terms.

9. Survival.

The Sections entitled “Privacy,” “Revisions to these Terms,” “Ownership,” “Content Disclaimer,” “Prohibited Uses,” “Information You Provide,” “Third-Party Sites,” “Intellectual Property Protection,” “Indemnification; Hold Harmless,” “Disclaimers; No Warranties,” “Limitation of Liability and Damages,” “Limitations by Applicable Law; Basis of the Bargain,” “International Access and Export Controls” and “Miscellaneous” will survive any termination of these Terms.

10. Headings and Construction.

The heading references herein are for convenience purposes only, do not constitute a part of these Terms and shall not be deemed to limit or affect any of the provisions hereof.  For purposes of these Terms, each of the words “include,” “includes” and “including” shall be deemed to be followed by the phrase “without limitation.” Whenever the context requires, the use in these Terms of the singular number shall be deemed to include the plural and vice versa.  Except as otherwise stated, references herein to “Sections” refer to sections of these Terms.

11. Entire Agreement.

This is the entire agreement between you and PHE relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter.  The Terms shall not be modified except in a writing signed by both parties or by a change to these Terms made by PHE as set forth in these Terms.

12. Filtering.

Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware ,software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.  Information identifying current providers of such protections is available on two websites: GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/).  Please note that PHE does not endorse any of the products or services listed at such sites.

13. Notice for California Residents.

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice:  California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800)952-5210.  If you have a question or complaint regarding the Services, please contact us using any of the methods set forth below.

Submit a request online using the following onlineform:  https://www.peerhealthexchange.org/about-us/contact-us

Email us at:  Phe-it@peerhealthexchange.org or support@selfsea.org

14. Time-Barred Claims.  

You and PHE agree that any cause of action arising out of or related to the Service or these Terms must commence within one (1) year after the cause of action accrues.  Otherwise, such cause of action is permanently barred.

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Community Agreements for selfsea Users

Welcome  

We strive to make this app a welcoming and affirming space for young people and their identities. We can’t create a safe and affirming space without young people like you, and this is why we’ve created these agreements. This is an agreement between you and PHE and will guide you on how you should and should not use the communities platform.   

Privacy  

We respect your privacy! In keeping with our commitment to the safety of all young people who will use the app, we will not collect or share any personal identifying information of our users, outside of that which is necessary to create an account. PHE will collect your email or telephone number for account authentication purposes only.  Our Privacy Policy will be a part of our agreement with you. 

Personal Identifiable Information 

You will not share any personal identifiable information such as legal or nickname, phone numbers, home addresses, email addresses, legal name, or any other personal information of yours or someone else’s on the public areas of our site or app. All usernames, posts, and comments containing any personal information will not be approved. 

Age Restrictions 

Although we welcome users from all walks of life, selfsea, the mobile app, is not intended for or directed to individuals under the age of 13 years of age or over the age of 19.  We do not knowingly collect information from children under the age of 13 or adults over 19. If we become aware that you are under 13 or over the age of 19 and using our app, we will terminate your user account and issue bans to your device.  

Support 

selfsea is not intended to replace care provided by professional support. We firmly believe in the power of peer support and acknowledge that there are many situations in which peer support is not appropriate. Peer support via selfsea should never be used or seen as a replacement for professional support or guidance from a mental health professional, general practitioner, or any other medical professional. 

If you are in need of immediate support, the following resources are available 24/7:

  • Text HEALTH to 741741 to be connected to a trained counselor at Crisis Text Line
  • 988 to be connected to the National Suicide Hotline or local crisis center in your area
  • Call the TrevorLifeline, a suicide prevention & crisis intervention hotline for LGBTQ+ young people at 1-866-488-7386
  • Text START to 678678 to be connected with a trained counselor at TrevorText, a suicide prevention & crisis intervention text line for LGBTQ+ young people

Community Agreements  

The purpose of selfsea is to allow a safe space for young people from different lived experiences and backgrounds to gather the knowledge and skills they need to make healthy choices and support one another. 

Selfsea's community agreements were made with our participants in mind to make sure we’re all doing our part to keep this a welcoming community for all young people.  

When engaging on selfsea, you agree to the following community agreements: 

  • I will be present 
  • I will be respectful and nonjudgmental
  • I will be kind to myself and others 
  • I will commit to upholding a safe and brave space for myself and others 
  • I will enter this space to learn and support others 
  • I will not give out my personal info, nor will I share the personal information of others  
  • I will not use inappropriate language that is intentionally harmful or offensive
  • I will not create a fake profile as somebody else on selfsea 
  • I will not use another person’s account to gain access to selfsea 
  • I will not distribute, post spam, or any other unauthorized commercial communication on or through selfsea  

If you notice any mentee or mentor acting in violation of these rules, please report it immediately to our system administrators at by flagging the post within the app.  

The aftereffects of breaking Community Agreements or Terms of Service

We know that most times intent and impact can have two very different effects on both the person with the intent and the person who experiences the impact. Should we find that a post goes against selfsea’s Community Agreements or Terms of Service, we’ve created a policy that is centered on teachable moments and the ability to correct an action that resulted in an undesirable impact to members of the communities. If you post a comment gets reported for being in violation of these agreements, the comment will immediately be marked for review.   

Comments or posts that may be removed will fall under these categories:  

  • Triggering and/or offensive language 
  • Content that harasses, bullies, teases, or promotes hate based on identity 
  • Content that glorifies suicide, assault, mental illness, eating disorders, non-suicidal self-injury, or any other serious behavior or condition in a negative or unhelpful manner  
  • Biased or discriminatory statements rooted in gender, sexual orientation, gender  

identity, religion, age, race, ability, etc. 

  • Comments or posts that are unhelpful, inappropriate and/or rooted in hurtful sarcasm such as “that’s dumb”, “that’s stupid”, etc.
  • Content that suggests serious harm to a person, place, or thing
  • Sexually explicit or graphic content related to a post or comment or deemed as inappropriate, unhelpful, or not suitable for selfsea communities

Additionally, while we try to provide as much support as we can, there are certain experiences that fall outside what we can best support. Any posts or comments that we believe requires immediate and personal attention, such as suicide, assault, mental illness, eating disorders, and non-suicidal self-injury, will be followed up with resources but will not always be approved on to communities.  

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Moderating Posts that Go Against the Agreements

When a post is deemed against our agreements, content moderators will act in the following manner and implement the appropriate action, depending on the number of warnings previously given. Moderators will: 

  • Consider one key question before taking any action: 
  • “What is the context of this post?”
  • Review the post from a place of education 
  • “How can I support this person in conveying their thoughts/questions within our Community Agreements?” 
  • Suggest an alternative approach, if applicable 
  • Follow up with a referral to a resource or service, if applicable 

What are the actions? 

  • Explanation of why post/comment was not approved and the suggestion to re-submit using different language.
  • Reminder of terms of service and community agreements
  • Referral to crisis supports or other relevant resources, if applicable

In addition to an explanation of why a post/comment has been denied, reminder of the agreed upon terms of services and community agreements, and possible referrals, the following actions are possible if the selfsea team notices a pattern of behavior with submitted posts & comments:

  • The ability to post for 24-72 hours,  
  • Removal from a community(ies)
  • A specified or permanent removal from selfsea communities  
  • Before an account is banned, moderators will complete a two-step evaluation process before the removal:
  • Moderator evaluation & written recommendation
  • Administrative staff evaluation and decision

All mentees will receive communication before any of the above actions are taken and have the ability to appeal any of the above decisions by reaching out to mods@selfsea.org.

We reserve the right to remove anyone from a community(ies) based on the severity of their post against our Community Agreements. At any number of notices, a user will always be offered a referral to crisis supports or other relevant resources, if applicable .

 

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