Terms of Use

(Revised August 26, 2009)

I. Your Acceptance

The Reach Out website located at http://www.reachout.com (the "Site") is operated by the Inspire USA Foundation ("Inspire USA"). By using the Site, you agree to be bound by (i) these terms and conditions ("Terms of Use"), (ii) the Reach Out Privacy Policy ("Privacy Policy") and (iii) the Reach Out Community Guidelines. If you do not agree to the Terms of Use, you must cease using the Site. Inspire USA reserves the right to modify the content, nature and accessibility of the Site, in which case the Terms of Use continue to apply.

II. General Information

This Site is an information service. We do not diagnose or treat mental health problems nor do we provide counseling services. The content on the Site is not intended to be a substitute for professional medical or mental health advice, diagnosis, or treatment. Information on this Site is generic and is not designed to take into account the specific objectives, needs and circumstances of any particular individual. Always seek the advice of your physician or other qualified health or mental health provider with any questions you may have regarding a medical or mental illness condition. Never disregard professional medical or mental health advice or delay in seeking it because of something you have read on the Site. Your use of the Site is at your own risk. We cannot guarantee that the information on the Site is accurate and up-to-date. If you think you may have a medical emergency, call your doctor or 911 immediately.

Inspire USA does not recommend or endorse any specific tests, physicians, products, procedures, treatments, opinions, or other information that may be described, mentioned or discussed in any of the services, databases or pages accessible within or from the Site. Furthermore, Inspire USA makes no representations concerning their efficacy, appropriateness or suitability. Please also see LIMITATION OF LIABILITY below. The Site may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site.

III. Privacy

The Privacy Policy is incorporated into this Agreement by reference and provides additional terms and conditions related to our potential use, collection and disclosure of your personal information. You agree that you have reviewed, agree to and understand our Privacy Policy and the terms and conditions thereof. If you are located outside of the United States, please note that the information that you provide is being sent to the United States. By using the Site, you consent to your data being sent to the United States and to such other third parties and jurisdictions as may be involved in the provision and operation of the Site.

IV. Limitation of Liability

YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. MATERIAL ON THIS SITE COMES FROM A VARIETY OF SOURCES AND AUTHORS, INCLUDING STAFF MEMBERS, VOLUNTEERS, PARTNER ORGANIZATIONS, SUPPORTERS, YOUNG PEOPLE PARTICIPATING IN INSPIRE USA'S PROGRAMS AND OTHER USERS OF THE SITE. INSPIRE USA DOES NOT NECESSARILY ENDORSE VIEWS EXPRESSED ON THE SITE.

THE CONTENTS OF THIS SITE (INCLUDING ALL INFORMATION, NAMES, IMAGES, PICTURES AND LOGOS RELATING TO INSPIRE USA AND ITS PROGRAMS) ARE PROVIDED "AS IS", WITH NO EXPRESS OR IMPLIED WARRANTY AS TO THE COMPLETENESS, ACCURACY OR RELIABILITY OF THE CONTENTS OF THIS SITE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS TERMS OF USE. INSPIRE ACCEPTS NO RESPONSIBILITY ARISING IN ANY WAY (INCLUDING FROM NEGLIGENCE) FOR ERRORS IN, OR OMISSIONS FROM, THE CONTENTS OF THIS SITE.

IN NO EVENT WILL INSPIRE USA OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON THE SITE, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE FOR (A) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE , (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) THE USE OF OR INABILITY TO USE THE SITE, (V) THE BREACH OF ANY REPRESENTATION OR WARRANTY, (VI) YOUR USE OF THE SITE ON ANY BROWSER OWNED OR OPERATED BY ANY PARTY, (VII) THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY ANY THIRD PARTY, IN CONNECTION WITH THE SITE AND/OR (VIII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SITE, WHETHER OR NOT INSPIRE USA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

V. Site Access

In order to use or access some features of the Site or subscribe to the Site, you may be required to provide a username, password or your email address. You agree to choose a username that is not your actual name and is not in any other way self-identifying. You agree to take all reasonable steps to keep your username and password secure so that it is not copied or used by another person. You must immediately notify Inspire USA if you become aware that another person has used your username or password. Upon receipt of notification of use by another person, we will deactivate your user name and password, and request that you create a new user name and password.

VI. User Submissions

Users of the Site may submit textual, graphic, audio and video content ("User Submissions"). User Submissions include, without limitation, comments to pages on the Site, messages on discussion forums, and videos and audio stories posted by users.

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that you own or have all of the necessary licenses, rights, consents, and permissions (including, without limitation, permission from any third parties depicted in your User Submission to use their name, image, likeness, sound or biographical material) to use and authorize Inspire USA to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms of Use.

You retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to the Site, you hereby grant Inspire USA a worldwide, non-exclusive, royalty-free, sublicenseable, transferable, perpetual and irrevocable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Site and Inspire USA (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Site a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Site and under these Terms of Use.

You agree you will not submit, post or upload any material to the Site that that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Inspire USA all of the license rights granted herein.

You agree that you will not submit, post or upload any material to the Site that incites other users to commit self-harm or harm against others.

You agree that you will not submit, post or upload any material to the Site that:

1. is inappropriate, offensive or contrary to any applicable laws or standards. This includes, without limitation, material which:
   • is obscene or indecent, depicts violence, sexual activity, or pornography; or contains instructions in crime or drug use; or
   • defames, harasses, menaces, threatens, abuses, offends, bullies or embarrasses any person;
2. infringes the copyright, moral rights, confidentiality rights or intellectual property rights of any person, for example, by reproducing songs, poems, articles, logos, trade marks, pictures, photos, music or other material that is not owned by you (or which you do not have a license to reproduce on the Site);
3. infringes any of our rights or the rights of any third person including privacy rights;
4. breaches applicable local, national, or international laws, regulations, standards or codes as enacted, modified or updated from time to time;
5. impersonates any person or suggests a connection to a group or organization which is misleading;
6. advocates the use of force or violence towards any person;
7. encourages, endorses, approves or recommends the performance of dangerous or illegal acts; or
8. contains a virus or other code that has harmful or destructive properties.

You further agree that you will not, in connection with User Submissions, submit material that is contrary to the Reach Out Community Guidelines, which may be updated from time to time. The Reach Out Community Guidelines are incorporated into this Agreement by reference.

We may, at any time, without notice to you, filter, remove or refuse to post or link to files, content or other material which we consider in our sole discretion to be in breach of the Terms of Use. We may also terminate your membership and/or suspend your access to the member sections of the Site if you breach the Terms of Use.

If you observe that another user has submitted material that you believe violates these Terms of Use or the Reach Out Community Guidelines, you may report your concerns to us. In some instances, concerns can be reported by using a "Report This" button that will appear next to a comment box. We may review such reports to determine if the material is in violation of the Terms of Use or Community Guidelines. If we determine, in our sole discretion, that the material is in violation of the Terms of Use or the Reach Out Community Guidelines, the material will be removed from the Site.

VII. Third party links and material

This Site contains links to external websites for information purposes only. This Terms of Use does not apply to third party websites, whether or not Inspire USA provides a link to such websites, so you are encouraged to review the policies of any and all such websites carefully, as your rights will be governed by those respective policies.

INSPIRE USA TAKES NO RESPONSIBILITY FOR THE CONTENT OF ANY LINKED SITES, AND DOES NOT ENDORSE THE VIEWS EXPRESSED BY THE ORGANIZATIONS OR INDIVIDUALS RESPONSIBLE FOR SUCH LINKED SITES. TO THE EXTENT PERMITTED BY LAW, INSPIRE USA EXCLUDES ALL LIABILITY (INCLUDING FOR NEGLIGENCE) FOR ANY LOSS, COST, EXPENSE OR DAMAGE ARISING OUT OF YOUR USE OF THIRD PARTY SITES.

Other sites may only link to the Site with Inspire USA's prior written consent. Any site that links to this Site must not:

• replicate this Site's content;
• imply any endorsement by Inspire USA;
• present misleading information about Inspire USA's goods and services; or
• use Inspire USA's name or logos without our prior written consent.

This Site may contain material supplied by third parties. Any opinions, advice, statements, services, offers or other information contained in third party material is the responsibility of the respective authors or providers of that third party material. Inspire USA is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions or other third party material. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Inspire USA with respect thereto, and agree to indemnify and hold Inspire USA, its affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.

Inspire USA does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Inspire USA expressly disclaims any and all liability in connection with User Submissions.

VIII. Intellectual property

Inspire USA owns or licenses all intellectual property rights in the Site and in the materials on the Site, including without limitation the text, software, scripts, graphics, photos, sounds, music, icons, images, videos, audio clips, designs, interfaces, layout, interactive features and the like, and the trademarks, service marks and logos contained therein. Unless stated otherwise, all content offered on or through the Site are Copyright © Inspire USA Foundation, 657 Mission Street, Suite 507, San Francisco, CA 94105. Inspire USA reserves all rights not expressly granted in and to the Site and its content. In some cases the copyright for text or images on this Site may be held by an entity other than Inspire USA. All rights are reserved on such material and permission to use it must be requested from the copyright owner. The source of any such material will be indicated on the relevant sections of the Site.

Except as provided below, you must not use, download, print, copy, display, broadcast, reproduce, publish, transmit, broadcast, license, sell, distribute or otherwise exploit any material from the Site in whole or in part for any other purpose without Inspire USA's prior written consent. You may reproduce, or save as an electronic copy, the materials (excluding the Reach Out, the Inspire USA logo and User Submissions) on this Site only for non-commercial or educational purposes, provided:

• the content is not changed, amended, varied or reworked in whole or in part;
• the source of the content is appropriately acknowledged; and
• you acknowledge that Inspire USA and/or third-party content providers remain the owners of all content posted on the Site, and that you do not acquire any of those ownership rights by reproducing such content for non-commercial or educational purposes.

You agree to not engage in the use, copying, or distribution of any of the content of the Site other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Site for any purpose.

You may not download, copy or use the Reach Out logo and any other marks or logos appearing on the Site for any purpose without the permission of Inspire USA.

Please contact policies@inspireusafoundation.org for any further information about using content from the Site.

IX. Digital Millennium Copyright Act

If you are a copyright owner or an agent thereof and believe that any User Submission or other content on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Inspire USA's designated copyright agent to receive notifications of claimed infringement is Susan Keys, who can be reached at 657 Mission Street, Suite 507, San Francisco, CA 94105, phone: [415-495-4300], fax: [415-495-4301], e-mail: policies@inspireusafoundation.org. You acknowledge that if you fail to comply with all of the requirements of this Section IX, your DMCA notice may not be valid.

If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:

• Your physical or electronic signature;
• Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
• A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
• Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, Inspire USA may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Inspire USA's sole discretion.

X. Governing law

The Terms of Use will be governed by and construed in accordance with the laws of the State of California, and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of California. You are solely responsible for ensuring that your use of the Site is not prohibited and complies with your local laws.

XI. Indemnity

You agree to defend, indemnify and hold harmless Inspire USA, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Site; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Site.

XII. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age (or the applicable age of majority in your state of residence, if higher than 18), or an emancipated minor, or possess legal parental or guardian consent to use this Site, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.

In any case, you affirm that you are over the age of 13, as the Site is not intended for children under 13. If you are under 13 years of age, please do not use the Site.

XIII. General terms

Any failure by Inspire USA to enforce strict performance of any of the Terms of Use will not be construed as a waiver of any right or remedy of Inspire USA in respect of any existing or subsequent breach of the Terms of Use.

If any provision of the Terms of Use is found to be invalid or unenforceable, the provision will be deemed severed from the Terms of Use and the remainder of the Terms of Use will continue in full force and effect.

You must not assign, transfer or otherwise deal with all or part of your rights or obligations under the Terms of Use without Inspire USA's written consent.

Either Inspire USA or you may terminate or suspend agreement to these Terms of Use at any time. You may terminate your agreement to these Terms of Use by not using the Site. Inspire USA may terminate their agreement with you to these Terms of Use by asking you to stop using the Site, and if necessary, by preventing your access to the Site. Upon termination of your agreement to these Terms of Use, you shall have no further rights to use the Site.

Inspire USA may revise any of the Terms of Use at any time by placing a notice on the Site advising that the Terms of Use have changed. You will be deemed to have accepted and agreed to the revised Terms of Use if you continue to use the Site after notice of the revised Terms of Use has been placed on the Site. If revisions to the Terms of Use are unacceptable to you or cause you to no longer be in compliance with the Terms of Use, you must cease using the Site.

XIV. Notice

Inspire USA may give notice to you by means of a general notice on the Site. You may give notice to Inspire USA by electronic mail to policies@inspireusafoundation.orgor by first class mail, postage prepaid, or overnight courier to 657 Mission Street, Suite 507, San Francisco, CA 94105