Terms and Conditions

Table of Contents

1. About These Terms
2. Intellectual Property Rights
3. User Representations
4. User Generated Contributions
5. Term and Termination
6. Governing Law
7. Dispute Resolution
8. Corrections
9. Limitation of Liability
10. Contact Us

1. About These Terms

These are the Terms and Conditions governing the use of this website (brighterdaysmhw.com and/or www.brighterdaysmhw.com) and the agreement that operates between you and Brighter Days Mental Health and Wellness (“us”, “we”, or “our”). These Terms and Conditions set out the rights and obligations of all users regarding the use of the website.

Your access to and use of this website is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the website.

By accessing or using this website you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions, then you may not access the website. Additionally, the information provided when using this website is not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction.

2. Intellectual Property Rights

Our Intellectual Property

Brighter Days Mental Health and Wellness is the owner and licensee of all intellectual property rights over our website, including source code, databases, functionality, software, website design, audio, video, text, photographs, and graphics, as well as trademarks, service marks, and logos, collectively the ‘Content’ and ‘Marks’ respectively.

Our Content and Marks are protected by copyright and trademark laws, as well as various other intellectual property rights both nationally and internationally.

Our Content and Marks are provided as-is in the website for your personal, non-commercial use or internal business purpose only.

Your Usage of the Website

Subject to your compliance with these legal terms, we grant you a non-exclusive, non-transferable, revocable license to access our website and download or print a copy of any portion of the Content (to which you have properly accessed) for your personal, non-commercial use or internal business use.

If you wish to make use of the website, Content, or Marks other than as set out in this section or elsewhere in our terms, please contact us at jana@brighterdaysmhw.com. We reserve all rights not expressly granted to you in and to the website, Content, and Marks.

Your Submissions

By directly sending us any question, comment, feedback, or other information about the website, you agree to assign to us all intellectual property rights in such submission. You agree that we shall own this submission and be entitled to its unrestricted use for any lawful purpose, commercial or otherwise. Please view our privacy policy for more details about the actions taken while processing submitted data.

3. User Representations

By using this website, you represent and warrant that:

• You agree to comply with these terms
• You are not a minor in the jurisdiction where you reside
• You will not access the website through non-human means, such as through a bot, script, etc.
• You will not use the website for an illegal or unauthorized purpose

If you do not or can not adhere to the terms outlined in this section and throughout, we have the right to refuse any and all current or future use of the website.

4. User Generated Contributions

The website does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, or publish content and materials to the website, including but not limited to text, graphics, or personal information, collectively ‘Contributions’. Contributions may be viewable by other users of the website and through third-party websites.

You agree that we may access, store, process, and use any information and personal data that you provide. Please view our privacy policy for more details about the actions taken while processing submitted data.

Brighter Days Mental Health and Wellness does not assert any ownership over your Contributions. We are not liable for any statements or representations in your Contributions. You are solely responsible for your Contributions and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

5. Term and Termination

These terms shall remain in full force and effect while you use the website. Without limiting any other provision of these legal terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the website, including by blocking IP addresses, to any person for any or no reason.

We may terminate your use or participation in the website or delete any content or information posted by you at any time, without warning, in our discretion.

6. Governing Law

These terms shall be governed by and defined following the laws of Arizona. Brighter Days Mental Health and Wellness and you consent that the courts of Arizona shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

7. Dispute Resolution

To expedite resolution and control the cost of any dispute, controversy, or claim related to these terms (the ‘Dispute(s)’) brought by either you or us, the parties agree to first attempt to negotiate any Dispute informally for at least 14 days before initiating arbitration. Such informal negotiations commence upon written notice from one party to the other party.

The parties involved agree that any arbitration shall be limited to the Dispute between the parties individually. To the full extent permitted by law:

• No arbitration shall be joined with any other proceeding
• There is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class-action procedures
• There is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons

8. Corrections

There may be information on the website that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the website at any time and without notice.

9. Limitation of Liability

In no event will Brighter Days Mental Health and Wellness or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the website, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary described herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the lesser of the amount paid, if any, by you to us.

10. Contact Us

If you have questions or comments about these terms, or to resolve a complaint regarding the website, you may email us at jana@brighterdaysmhw.com or call us at (480) 608-4742.