TERMS OF USE
NVBH reserves the right to update this Website at any time and without notice. Changes will be
effective when they are posted. The intent of this site is to provide information about NVBH, its
services, plans, employees, etc. Nothing in this site or content of this Website is intended as
medical or therapeutic advice or medical or therapy services of any kind or legal advice or
services of any kind. Neither doctor-patient nor attorney-client relationship shall be created
between user and NVBH as a result of this Website.
NOTICE & INTENT
INTRODUCTION
Welcome to the New Vision Behavioral Healthcare (“NVBH”, “us”, or “Company”) web site or any platform connected or associated with this website (collectively, the "Website"). Please read these Terms of Use carefully. NVBH is a health management company that provides a range of services to help individuals better manage their health as well as occupational health, work/life and medical management
services. Terms and conditions for use of this site are set forth herein. Use of this site indicates an understanding of, and agreement with the terms contained herein. Your access to and continued use of the Website constitutes your agreement to be bound by these Terms of Use. If you do not accept these terms and conditions, if you are not of legal age to enter into a binding contract, or if you are under the age of thirteen (13), you must not access or use the Website.
NVBH shall not be liable for any and all damages of any kind as a result of, including not limited
to direct, indirect, incidental, special, consequential or punitive that result from use of this
Website, inability to use Website, unauthorized alteration of data, whether by third parties or
agents of NVBH. Further, NVBH is not responsible or liable for any defamatory, offensive or
illegal use or conduct of a user of this site.
LIMITATION OF LIABILITY
You agree not to use the Website Content or any service the Company provides in an unlawful
way or for an unlawful or illegitimate purpose or in any manner that contravenes our policies,
guidelines, rules or the terms and conditions of this Agreement. This includes, but is not limited
to:
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Posting or transmitting a message or information under a false identity for the purpose of misleading others
or impersonating any entity, including, without limitation, any Company representative; -
Engaging in unauthorized use of a credit card;
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Posting or transmitting information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or abusive to any person;
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Posting or transmitting information that infringes or violates any of the intellectual
property rights of others or the privacy or proprietary rights of others; -
Attempting to disrupt the operation of our business through use of methods, including,
but not limited to: viruses, Trojan horses, worms, time bombs, denial of service attacks,
flooding, spamming or any other similar programs that may damage the operation of
another’s computing device or property; -
Uploading or transmitting any unsolicited advertising, promotional materials, junk mail,
spam, or any other form of solicitation, commercial or otherwise; use any of our tools
and services in any manner that could damage, disable or impair our services or
networks; -
Attempting to gain unauthorized access to any user or Customer Accounts, or computer
systems or networks, through hacking, password mining or any other means; -
Using any robot, scraper or other automated or manual means to access any aspect of
our website or equipment for any purpose; -
Harvesting or otherwise collecting information about others, including names,
addresses, or e-mail addresses; -
Modifying, reverse engineering, decompiling, disassembling, or attempting to derive the
source code of the Website, or assisting any other person or entity in doing so.
CODE OF CONDUCT
While NVBH assigns and agents have made all attempts necessary to provide accurate, current
and reliable information, human and/or mechanical error is always a distinct possibility. Thus,
NVBH makes no representations or warranties as to the accuracy of content of this information.
NVBH has provided this information on an “as is” basis, without warranties of any kind,
whether express or implied, including but not limited to the implied warranties of
merchantability or fitness for a particular purpose. Additionally, NVBH warrants neither that the
use of the site will be uninterrupted or error free nor that errors will be corrected.
INFORMATION DISCLAIMER
You are not obligated to register with us in order to access and use the Website. However,
certain services of the Website are available only to users who have registered with us or
certain other persons affiliated with us, who have been granted accounts (“Customer
Accounts”) with usernames and passwords. You represent and warrant that all required
registration information you submit regarding your Customer Account is truthful and accurate,
and that you will maintain the accuracy of such information (including email). You may delete
your Customer Account at any time, for any reason, by following the instructions on the
Website. Company may suspend or terminate your Customer Account in accordance with
these Terms of Use.
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You are responsible for maintaining the confidentiality of your Customer Account login
information and are fully responsible for all activities that occur under your Account. YOU
AGREE TO IMMEDIATELY NOTIFY COMPANY OF ANY UNAUTHORIZED USE, OR SUSPECTED
UNAUTHORIZED USE OF YOUR CUSTOMER ACCOUNT OR ANY OTHER BREACH OF SECURITY.
Company is not liable for any loss or damage arising from your failure to comply with the above
requirements regarding your Customer Account.
CUSTOMER ACCOUNT
LIMITATION OF JURISDICTION
GOVERNMENT LAW AND
By accessing, transmitting or viewing any information on this home page or within this web site,
you agree to be subject to personal jurisdiction in the State of Florida. Any transaction or
occurrence arising out of accessing, transmitting or viewing any information on this home page
shall be judged in accordance with the laws of the State of Florida. If user accesses from other
locations, user is responsible for compliance with applicable local laws.
INTELLECTUAL PROPERTY
All trademarks, copyrights, service marks and logos are proprietary to NVBH. Use or misuse of
these trademarks is expressly prohibited and may violate federal and/or state trademark law.
Without NVBH’s prior written permission, you agree not to display or use in any manner, the
trademarks, service marks, and logos found on this site. You agree not to reproduce, duplicate,
copy, sell, resell or exploit for any commercial purposes, any portion of this site. NVBH enforces
its intellectual property rights to its fullest extent.
CUSTOMER PRIVACY
The Company understands the importance of maintaining the privacy of your Personal
Information. Please review the Company’s Privacy Policy carefully. This describes how the
Personal Information about you may be used and disclosed.
TERMINATION
Right to Termination: The Company reserves the right to take whatever lawful actions it may
deem appropriate in response to actual or suspected violations of the Code of Conduct or this
Agreement, including, without limitation, the suspension or termination of the Customer's
access and/or Customer Account, which may involve deletion of any content you have
uploaded in connection with your Customer Account. The Company will not have any liability
whatsoever to you for any termination of your rights under these Terms of Use, including for
termination of your Customer Account or deletion of any content you uploaded to the Website.
The Company may cooperate with legal authorities and/or third parties in the investigation of
any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy
Policy, the Company reserves the right at all times to disclose any information as the Company
deems 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 Company's sole discretion. Further, the Company reserves the right at any time,
without notice, for any or no reason, to refuse service or access to the Website to anyone, to
modify and discontinue any portion or all of the same, and to restrict, suspend and terminate
Customers’ access or Customer Accounts. You agree that Company will not be liable to you or
to any third party for any modification, suspension, or discontinuation of the Website or any
part or service thereof.
Right to Remedies: You agree that any violation or threatened violation of these Terms of Use
constitutes an unlawful and unfair business practice that will cause the Company irreparable
and unquantifiable harm. You also agree that monetary damages would be inadequate for such
harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or
appropriate. These remedies are in addition to any other remedies we may have at law or in
equity.
RIGHT TO MONITOR
The Company neither actively monitors general use of this Website under normal circumstances nor exercises editorial control over the content of any third party's website, e-mail transmission, or other material created or accessible over or through this Website. However, the Company does reserve the right to monitor such use at any time as it deems appropriate and to remove any materials that, in the Company's sole discretion, may be illegal, may subject the Company to liability, may violate these Terms of Use, or are, in the sole discretion of the Company, inconsistent with the Company's purposes for this Website Information. Please review the Company’s Privacy Policy carefully. This describes how the Personal Information about you may be used and disclosed.
DISCLAIMER
Nature of Content: This Website and its contents are provided for informational and
educational purposes only and is not intended as medical or therapeutic advice nor is it
intended to create any physician-patient or therapist-patient relationship. PLEASE REMEMBER
THAT THIS INFORMATION SHOULD NOT SUBSTITUTE FOR A VISIT OR A CONSULTATION WITH A
HEALTH CARE PROVIDER.
No Guarantee or Warranty: We expressly disclaim and all liability concerning any treatment or
action by any person following the information offered or provided within or through the
Website or through us or through anyone using the Website or trained by us. We are not liable
for any unfair business practices by third parties.
No Credentialing: To the extent the Website lists consultants (“Practitioners”), we are merely a
directory and do not certify or credential practitioners. We shall not be liable for certifying or
credentialing practitioners. We make no representations or warranties about any Practitioner,
nor do we have any responsibility over, or for supervising, any outside clinical practice such
a practitioner may operate. We do not screen, perform background checks, confirm the
qualifications, evaluate, or endorse any Practitioner. The inclusion of a list of Practitioners on
the Website does not imply recommendation, referral or endorsement of such Practitioner nor
is such information intended as a tool for verifying the credentials, qualifications, or abilities of
any Practitioner contained therein; nor do we offer any guarantee, testimonial, endorsement,
or validation of credentials of or services provided by the same.
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LIMITATION OF LIABILITY
We are not liable to you or any third party for any damages or damages arising from or relating
to these Terms of Use or use or inability to use the Website. You acknowledge that this
paragraph shall apply to all content and services available through the Website. Your access to,
and use of, the Website is at your own risk and you are solely responsible for any damage to
your computer, device, system, or data. Because some states do not allow the exclusion or
limitation of liability for consequential or incidental damages, in such states, liability is limited
to the fullest extent permitted by law.
Notwithstanding the above, our sole liability for any reason to you, and your sole and exclusive
remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any
product or service purchased by you from us through the Website or through any other website
or source; provided, that any claims arising out of or in connection with your use of the Website
must be brought within one (1) year since the event giving rise to such action occurred. You
understand and agree that your use of the Website is predicated upon your waiver of any right
to participate in a class action suit for any losses or damages resulting from your use of the
Website.
INDEMNIFICATION
You understand, acknowledge, and freely assume all risks, including psychological and
emotional risks (whether or not foreseeable), relating to your access to and activities with
respect to the Website. You assume personal responsibility for any injury or harm of any kind
suffered in connection with use of the Website.
By viewing the Website you agree to fully release, indemnify, and hold harmless, including costs
and attorneys’ fees, the Company from any claim or liability. Company reserves the right, at
your expense, to assume the exclusive defense and control of any matter for which you are
required to indemnify us, and you agree to cooperate with our defense of these claims. You
agree not to settle any matter without the prior written consent of Company. Company will
use reasonable efforts to notify you of any such claim, action or proceeding upon becoming
aware of it.
You recognize and waive any right to seek an injunction against the Company. You may not seek
to enjoin or restrain the development, production, distribution, advertising, exhibition or
exploitation of any Company website, property, product, program, other content or any and all
activities or actions related thereto.
THIRD-PARTY CONTENT
No Statement as to Accuracy: The Company has no editorial control or responsibility over the
content included in the Website provided by third-party content providers. Therefore, any
opinions, statements, products, services or other information expressed or made available by
third party suppliers or Customers on this Website are those of such third-party suppliers or
Customers, respectively. The Company does not represent or endorse the accuracy or reliability
of any opinion, statement or other information provided by any third party.
Links to Third Party Websites: This Website may contain hyperlinks to other sites owned and
operated by parties other than the Company. Such hyperlinks are provided only for ready
reference and ease of use. We do not control such sites and cannot be held responsible for
their content or accuracy and do not endorse these sites unless we specifically so state.
ENTIRE AGREEMENT
This Terms of Use constitutes the sole Agreement between you and the Company relating to
your use of the Website Content, and no representations, statements or inducements, oral or
written, not contained in this Agreement shall bind either you or the Company.This Terms of
Use constitutes the sole Agreement between you and the Company relating to your use of the
Website Content, and no representations, statements or inducements, oral orwritten, not contained
in this Agreement shall bind either you or the Company.
SEVERABILITY
We both agree that if we cannot enforce a part of these Terms of Use as written due to a
conflict with state or federal law, then that part will be replaced with terms that most closely
match the intent of the part we cannot enforce to the extent permitted by law. The invalidity
of part of these Terms of Use will not affect the validity and enforceability of the remaining
provisions.
NO ASSIGNMENT
You may not assign, transfer or delegate your rights or obligations within these Terms of Use in
whole or in part without our prior written consent. We may freely transfer, assign or delegate
all or any part of these Terms of Use, and any rights and duties hereunder or there under.
These Terms of Use shall be binding upon and inure to the benefit of each of the parties, their
heirs, successors and permitted assignees of the parties.
Arbitration: Subject to the provisions of this Terms of Use, all disputes, controversies or claims
arising out of or relating to this Agreement will be resolved through mandatory binding
arbitration that will be conducted in County, Florida. No class or representative
court action or jury trial is permitted.
Contact Us:
If you have any questions or concerns about these Terms of Use, please contact us
using the Contact information provided below. We will attempt to respond to your questions or
concerns promptly.
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Effective Date: 01/01/2024
These Terms of Use were last updated and posted on 01/01/2024
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