AGREEMENT BETWEEN USER AND UBC MOOD DISORDERS CENTRE

The MoodFx website is comprised of various webpages operated by the UBC Mood Disorders Centre, a unit of the University of British Columbia.

The MoodFx website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the MoodFx website constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

The UBC Mood Disorders Centre reserves the right to change the terms, conditions, and notices under which the MoodFx website is offered, including but not limited to the charges associated with the use of the MoodFx website.

LINKS TO THIRD PARTY SITES

The MoodFx website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of the MoodFx website and the UBC Mood Disorders Centre is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The UBC Mood Disorders Centre is not responsible for webcasting or any other form of transmission received from any Linked Site. The UBC Mood Disorders Centre is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the UBC Mood Disorders Centre of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the MoodFx website, you warrant to the UBC Mood Disorders Centre that you will not use the MoodFx website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the MoodFx website in any manner which could damage, disable, overburden, or impair the MoodFx website or interfere with any other party's use and enjoyment of the MoodFx website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the MoodFx website.

USE OF COMMUNICATION SERVICES

The MoodFx website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

• Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material, or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
• Violate any applicable laws or regulations.

The UBC Mood Disorders Centre has no obligation to monitor the Communication Services. However, the UBC Mood Disorders Centre reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The UBC Mood Disorders Centre reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

The UBC Mood Disorders Centre reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the UBC Mood Disorders Centre's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. The UBC Mood Disorders Centre does not control or endorse the content, messages or information found in any Communication Service and, therefore, the UBC Mood Disorders Centre specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized UBC Mood Disorders Centre spokespersons, and their views do not necessarily reflect those of the UBC Mood Disorders Centre.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE MoodFx WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE UBC MOOD DISORDERS CENTRE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MoodFx WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE MoodFx WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

THE UBC MOOD DISORDERS CENTRE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE MoodFx WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE UBC MOOD DISORDERS CENTRE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE UBC MOOD DISORDERS CENTRE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE MoodFx WEBSITE, WITH THE DELAY OR INABILITY TO USE THE MoodFx WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE MoodFx WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE MoodFx WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE UBC MOOD DISORDERS CENTRE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME PROVINCES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MoodFx WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MoodFx WEBSITE.

SERVICE CONTACT : eHealth.support@ubc.ca

TERMINATION/ACCESS RESTRICTION

The UBC Mood Disorders Centre reserves the right, in its sole discretion, to terminate your access to the MoodFx website and the related services or any portion thereof at any time, without notice.

GENERAL

To the maximum extent permitted by law, this agreement is governed by the laws of the Province of British Columbia, Canada. Use of the MoodFx website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the UBC Mood Disorders Centre as a result of this agreement or use of the MoodFx website. The UBC Mood Disorders Centre's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the UBC Mood Disorders Centre's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the MoodFx website or information provided to or gathered by the MoodFx website with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and the UBC Mood Disorders Centre with respect to the MoodFx website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the UBC Mood Disorders Centre with respect to the MoodFx website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the MoodFx website are: Copyright 2023 UBC and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved.