Terms and Conditions
PLEASE READ THE FOLLOWING TERMS OF SERVICES and LEGAL NOTICES (THE “AGREEMENT”) CAREFULLY BEFORE USING THE MyDepressionTest.net WEBSITE (the “Site” or “MyDepressionTest”). These terms explain your and our rights under the Agreement. By using the Site, you consent to the terms of the Agreement. If you do not agree to these terms, you may not use the Site.
MyDepressionTest has the right, in our sole discretion, to modify, add, or remove any terms or conditions of the Agreement without giving individual notice to you, by posting the changes on the Site. Your continuing use of the Site signifies your acceptance of any such changes. Nothing on the Site is to be construed as an offer of medical advice.
MyDepressionTest is not a medical provider. The contents of the Site are for educational and informational purposes only. Nothing contained on any page of the Site, including comments, is intended to be used as professional or medical advice, diagnosis or treatment, nor is it intended to be a substitute for professional or medical advice, diagnosis or treatment. The use of any information contained herein, such as opinions, instructions, suggestions, advice, forms and other similar content is at the user’s own risk. Always seek the advice of a physician or other qualified medical health professional with any concerns or questions regarding medical conditions or mental health symptoms or disorders.
Please do not delay seeking or disregard any professional or medical advice because of something contained on the site.
If you are experiencing a medical emergency, call your doctor or 911 immediately.
The site does not endorse or recommend any medical/health professionals, specific tests, products, procedures, medications, opinions or any other information that may be contained on the Site.
Dependence on any information contained on the Site or by any person appearing on the Site is solely at your own risk. MyDepressionTest is not liable for any advice or information contained on the Site, all of which is provided “as-is/as-available”. No warranties, either expressed or implied, are made on the information provided on the Site.
The Site contains specific mental health and medically related information that may be considered sexual in nature. Any user who finds such information to be offensive may not want to use the Site.
Opinions and statements expressed by any user, commenter, author, blogger or other third party are theirs alone and are not representative of the opinions of MyDepressionTest. While MyDepressionTest makes an effort to review content that appears on the Site, content created by third parties is the sole responsibility of the third parties; the Site does not endorse or guarantee the accuracy and completeness of content provided by third parties.
Users shall use the Site for lawful purposes only. Users should not post or transmit through the Site any material that: (i) violates or infringes in any way upon the rights of others; (ii) is unlawful, threatening, abusive, defamatory, libelous, racially prejudiced, offensive, obscene, profane, disrespectful, invasive or otherwise objectionable; (iii) promotes or proposes criminally offensive or illegal behavior, behavior that gives rise to civil liability, terroristic acts or any other behavior that violates any law; (iv) contains any advertising or solicitation for products or third party services; or (v) contains advertising or solicitation, including but not limited to, other online websites or communities. Conduct by a Site user in the sole discretion of MyDepressionTest that violates these Terms or restricts any other user from using the Site will not be tolerated.
MyDepressionTest is an independent publisher of some mental health information and resources. The Site provides advertising through Google AdSense. The Site does not accept any advertising or funding directly from pharmaceutical companies. Moreover, no advertiser, individual, organization or other website has any direct influence on what is published on the Site.
Disclaimer of Warranties
MyDepressionTest attempts to provide useful and accurate information. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. ALL CONTENT AND SERVICES ON THE SITE IS PROVIDED SOLELY ON AN “AS-IS/AS-AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AS TO THE RESULTS YOU MAY ACHIEVE ON ACCOUNT OF YOUR USE OF THE SITE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO REPRESENTATION OR WARRANTY THAT (i) THE CONTENT AND SERVICE OF THIS SITE WILL MEET YOUR REQUIREMENTS, OR (ii) THE CONTENT AND SERVICE OF THIS SITE WILL BE UNINTERRUPTED, TIMELY, OR SECURE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, FAILURE TO REALIZE EXPECTED SAVINGS, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) INVALID DESTINATIONS, TRANSMISSION ERRORS, OR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (v) YOUR FAILURE TO RECEIVE ANY THIRD PARTY SERVICES OR PRODUCTS REQUESTED THROUGH THE SITE OR (vi) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT ARE WE LIABLE TO YOU FOR AN AMOUNT IN EXCESS OF THE AMOUNT PAID BY YOU TO US FOR THE SERVICES IN QUESTION, IF ANY.
Exclusions And Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Choice of Forum
Any disputes arising out of or related to use of this Site, the Agreement and/or the relationship between you and us shall be submitted to arbitration in Wynnewood, Pennsylvania and carried out in accordance with the rules of the American Arbitration Association. You hereby waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by Pennsylvania or federal law.
Waiver and Severability of Terms
Our failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement shall remain in full force and effect.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site, the Agreement and/or the relationship between you and us must be filed within one (1) year after such claim or cause of action arose or be forever barred.
This agreement constitutes the entire agreement between you and us and governs your use of the Site, superseding any prior agreements between you and us. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services, affiliate services, third-party content or third-party software.
Copyrights and Other Intellectual Property. Except as otherwise noted on the Site, all information, documentation and other content posted on the Site (collectively, the “Information”) is the property of MyDepressionTest and its affiliated companies. The posting of information does not constitute a waiver of any of MyDepressionTest’s proprietary rights in or related to such information (such as, but not limited to, patents, copyrights and trademarks) or a transfer of any such rights to you or any third party. The information is protected by domestic and international copyright laws, both as individual works and as a collection. You agree not to delete any copyright or similar notice from any information. You may not sell or republish, or copy, the information or any portion thereof for other than your own individual use without the prior written consent of MyDepressionTest.