These Terms of Use ("Terms") govern your access to and use of our services, interfaces, and properties, which include but are not limited to websites, mobile applications, software, email, social media and any other service or product contained or offered therein (collectively the "Service") that are owned or controlled by Clarity Behavioral Health Software, LLC, an Arizona limited liability company ("Clarity," "we," "us," and "our").

These Terms affect your legal rights, responsibilities, and obligations; govern your use of the Service; are legally binding; limit Clarity’s liability to you; and require you to indemnify Clarity and to settle certain disputes through arbitration. Your acceptance of, and compliance with, these Terms is a condition to your use of our Service. You understand and accept that we may, in our sole discretion, terminate your access to all or part of the Service at any time, with or without cause, and with or without notice.

We reserve the right to change these Terms at any time and at our sole discretion. Any changes to the Terms will be effective immediately upon posting and you agree to the new posted Terms by continuing your use of the Service. It is your responsibility to check periodically for any changes we may make to these Terms. In addition, these Terms are written in the English language. We do not guarantee the accuracy of any translated versions of these Terms. To the extent any translated versions of these Terms conflict with the English language version, the English language version of these Terms will control.

By clicking "accept" or otherwise using the Service, you acknowledge that you have read, understand, and accept all terms and conditions contained within these Terms and our Privacy Policy. You agree that information provided by you in connection with the Service is governed by our Privacy Policy.

CLARITY DOES NOT PROVIDE MEDICAL ADVICE, MEDICAL SERVICES, OR TREATMENT. The content of the Service, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by Clarity.

ACCESS, SECURITY, AND RESTRICTIONS. You are prohibited from violating or attempting to violate the security of the Service, including, without limitation, by accessing data not intended for you or logging onto a server or an account which you are not authorized to access; attempting to probe, scan, or test the vulnerability of our system or network or to breach security or authentication measures without proper authorization; or using any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data from the Service; or otherwise circumvent other measures we may use to prevent or restrict access to the Service. You agree not to use any device, software, or routine to interfere or attempt to interfere with the Service or any activity being conducted on the Service.

OWNERSHIP OF SERVICE. The Service and all of its content, including without limitation all copyrights, patents, trademarks, service marks, and trade names, as well as all logos, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof, and all other intellectual property (collectively referred to as the "Content"), are all proprietary and owned or controlled by Clarity, our licensors, and certain other third parties.

All right, title, and interest in and to the Content available through the Service is the exclusive property of and owned by Clarity, our licensors or certain other third parties, and is protected by United States and international copyright, trademark, trade dress, patent or other intellectual property and unfair competition rights and laws to the fullest extent possible.

All rights not expressly granted to you in these Terms are reserved and retained by Clarity and its licensors, suppliers, publishers, rights holders, and other content providers. Accordingly, you may not modify, copy, distribute, reproduce, publish, retransmit, disseminate, rent, lease, loan, sell, publish, broadcast, display, circulate, or use the Content, in whole or in part, for any purpose that has not been authorized or approved in writing by Clarity, including but not limited to commercial purposes. You are also strictly prohibited from publicly displaying the Content; attempting to decompile or reverse engineer the Content; removing any copyright, trademark, or other proprietary notations from the Content; framing or utilizing framing techniques to enclose or deep-link to the Content; applying metatags or "hidden text" to the Content; or otherwise infringing upon the intellectual property rights of Clarity or misusing the Content or Service.

Nothing contained in the Service should be construed as granting, by implication, estoppel, waiver or otherwise, any license or right to use any intellectual property, including without limitation any trademarks, service marks or logos, without the express written consent of Clarity or the third-party owner of such intellectual property. The Service may contain other proprietary notices and copyright information, the terms of which you agree to follow by using the Service. Additionally, you acknowledge and accept that Clarity may in its sole discretion delete any information provided by you that it deems to be fraudulent, abusive, defamatory, obscene, or in violation of any intellectual property or ownership rights of any other person or entity.All user content (“User Content”) submitted by you to the Service may be retained by us indefinitely. By submitting any User Content, you grant to Clarity a perpetual, worldwide, irrevocable, non-exclusive, royalty-free license to use the User Content in any manner, including to create derivative works, without any compensation or notice to you.

ACCURACY OF INFORMATION; FUNCTIONALITY. Clarity makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of content in the Service. It is possible that the Service could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made by third parties. In the event that an inaccuracy arises, please inform Clarity so that it can be corrected.

Clarity shall have no responsibility or liability for information or content posted to the Service from any non-Clarity- affiliated third party.

AS PERMITTED BY APPLICABLE LAW, WE SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR SPECIAL LOSS, OR OTHER DAMAGE, WHETHER ARISING FROM NEGLIGENCE, BREACH OF CONTRACT, DEFAMATION, INFRINGEMENT OF COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY RIGHTS, CAUSED BY THE EXHIBITION, DISTRIBUTION, OR EXPLOITATION OF ANY INFORMATION OR CONTENT CONTAINED WITHIN THESE THIRD-PARTY SERVICES.

USER INFORMATION. If you submit, upload, post or transmit any health information, medical history, conditions, problems, symptoms, requests, comments, ideas, suggestions, information, , or other materials or personal information to the Service ("User Information"), you agree not to provide any User Information that (1) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior; (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity; or (3) contains or transmits a virus, Trojan horse, time bomb, malware, or other computer programing or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Service, personal information, software, equipment, servers, or facilitate or promote hacking or similar conduct. You represent and warrant to Clarity that you have the legal right and authorization to provide all User Information to the Service.

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS CLARITY FROM AND AGAINST ALL THIRD-PARTY CLAIMS, DAMAGES AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, AGAINST OR INCURRED BY US ARISING OUT OF ANY USER INFORMATION YOU UPLOAD TO OR TRANSMIT THROUGH THE SERVICE OR YOUR VIOLATION OF THESE TERMS.

DISCLAIMER AND LIMITATION OF LIABILITY. ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE THROUGH THE SERVICE ARE PROVIDED TO YOU "AS IS" WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS, AND CONDITIONS WITH RESPECT TO ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE THROUGH THE SERVICE, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICE (OR ANY PART THEREOF) WILL BE ACCURATE, COMPLETE, OR ERROR-FREE.

WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE SERVICE, NOR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SERVICE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES.

FURTHER, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE SERVICE OR FROM ANY INFORMATION OR MATERIALS ON THE SERVICE.

YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE.

INDEMNIFICATION. Except to the extent prohibited under applicable law, you agree to indemnify, defend, and hold harmless Clarity, its officers, directors, employees, and agents, and any affiliates from and against any and all claims, losses, liability, damages, costs, or expenses, including reasonable attorneys' fees and costs, that may arise from or in connection with (a) your use of, or activities in connection with, the Service or (b) any violations of these Terms by you. If you fail to promptly indemnify and defend a covered claim, Clarity shall have the right to defend itself, and in such case, you shall promptly reimburse Clarity for all of its associated costs and expenses.

GOVERNING LAW. By accessing the Service, you agree that the statutes and laws of the United States and the state of Arizona, USA, without regard to conflicts of laws principles, will apply to all matters relating to use of the Service. You further agree that any litigation, action, or proceeding arising out of or related to these Terms shall be subject to the sole and exclusive jurisdiction of the state of Arizona and that venue shall be in an appropriate state or federal court located in Pima County, Arizona. You hereby submit to the jurisdiction and venue of said courts and consent to service of process by email in any legal proceeding.

CLASS ACTION WAIVER. YOU AND CLARITY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.

THIRD PARTY RIGHTS. Unless expressly stated in these Terms, nothing herein is intended to confer any rights or remedies on any persons other than you and Clarity. Moreover, nothing in these Terms is intended to relieve or discharge the obligations or liability of any third persons to you or Clarity, nor shall any provision give any third parties any right of subrogation or action against you or Clarity.

ASSIGNMENT. You may not assign, transfer, or delegate these Terms or any part thereof without Clarity’s express written consent. Clarity may freely transfer, assign, or delegate all or any part of these Terms, and any rights or duties hereunder or thereunder. These Terms will be binding upon and inure to the benefit of the heirs, successors, and permitted assignees of the parties.

FORCE MAJEURE. We will not be deemed to be in breach of these Terms or liable for any breach of these Terms or our Privacy Policy due to any event or occurrence beyond our reasonable control, including without limitation acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, pandemics, epidemics, or other disaster.

MISCELLANEOUS TERMS. These Terms and other documents cited in this agreement constitute the entire agreement between you and Clarity and govern your use of the Service, superseding any prior agreements between you and Clarity relating to your use of the Services. If any provision of these Terms is held to be invalid by any law, rule, order, or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of the Terms. The failure of Clarity to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

CONTACT US. If you have any questions about these Terms, please write to us at: privacy@claritybhs.com. Clarity does not guarantee that it will receive such communications timely and accurately and shall not be legally obligated to read, act on, or respond to any such email or other information.