Terms of site use and other legal matters
As of April 25, 2011

Disclaimer. Netsmart Technologies presents the information on this Site as a service to its customers and other Internet users. While information on this Site is about medical issues, it is not medical advice. The information contained on this Site is not intended to be a substitute for professional medical advice or medical care. Always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition and prior to starting any new treatment. The information is provided "as is" without warranty of any kind, and Netsmart hereby disclaims all warranties and conditions with regard to any information contained on this Site, including all implied warranties and conditions of merchantability and fitness for a particular purpose. Netsmart assumes no liability of any kind for the information and data contained in this Site or for any diagnosis or treatment made in reliance thereon. Moreover, unless expressly stated, views and opinions expressed herein have not been approved by Netsmart, and do not necessarily represent its policy. In addition, due to the rapidly changing nature of medicine and our reliance on information provided by outside sources, we make no representation, warranty or guarantee concerning the accuracy or reliability of the content at this Site or at other sites to which we link. Links are provided as a service, but Netsmart does not intend links to be referrals or endorsements of the linked entities.

Links To Third Party Sites. Certain links on this Site will let you leave this Site. The linked sites are not under the control of Netsmart, and Netsmart is not responsible for the contents of any linked site or any link contained in a linked site. Such links are provided for your convenience only, and the inclusion of any link does not imply endorsement by Netsmart of any such linked site, except as otherwise expressly stated in this Site.

Trademarks and Names. "Netsmart" and the names of all Netsmart products and services referenced in this Site are either trademarks or registered trademarks of the Netsmart Technologies. Other product and company names referenced in this Site may be the trademarks of their respective owners. The names of certain companies, people, characters and/or data contained in this site are fictitious and are in no way intended to represent any real individual, company, product or event, unless otherwise noted.

Copyright and Proprietary Rights. All rights reserved. All the content of this Site is copyrighted. A single copy may be downloaded and/or reprinted solely for personal and noncommercial use. Any downloaded or reprinted material may not be altered in any way and must contain the following copyright notice: "Copyright © 2000 Netsmart Technologies. All Rights Reserved." and any other copyright or other proprietary rights notices which were contained on the downloaded material. Any other use of the material, either in whole or in part for any other reason is expressly prohibited, unless prior written consent is obtained from Netsmart Technologies.

Additional Legal Terms Applicable to Use of this Site:

A. Binding Agreement for Site Use. Before using this Site, you must thoroughly review this Agreement in its entirety. This Agreement is a binding legal document that defines your rights and obligations with respect to your use of this Site. Please refer to the definitions in Section U below for meanings of all defined terms appearing in this Agreement. You indicate your acceptance of this Agreement by taking any one of the following actions: (1) using this Site in any manner whatsoever; (2) clicking on the Consumer Portal link to enter the Consumer Portion of the Site; or (3) registering as a Registered Consumer User so you may access certain Restricted Areas of this Site. You may only access and use this Site if you agree to be bound by the terms and conditions stated in this Agreement. If you do not agree to the terms of this Agreement, do not access or use this Site in any manner whatsoever. As provided elsewhere in this Agreement, we may revise this Agreement at any time in our sole discretion. We will post the revised Agreement on this Site. At our option, we may also provide you other notice, such as by email, of the revision of this Agreement. You agree you will periodically review this Agreement for changes when visiting our Site. If at any time you do not agree to the revisions we make in this Agreement, please do not access or use this Site in any manner whatsoever.

B. Registration for Site Use. This Site consists of Public Areas and Restricted Areas. Upon acceptance of this Agreement, you may freely use the Public Areas of the Site. Access and use of Restricted Areas of this Site requires you to become a Registered Consumer User. Registered Consumer Users may also be permitted to personalize their home page and have their Account identifier and Password saved automatically. The registration process is simple and free. Until you become a Registered Consumer User, you may not access, and you agree not to access, the Restricted Areas of this Site.

C. Account and Password Security. If you become a Registered Consumer User, you are responsible for maintaining the strict confidentiality of your Account identifiers and Passwords. You are responsible for any charges, damages, or losses that may be incurred or suffered as a result of your failure to maintain the strict confidentiality of your Account identifiers and Passwords. We are not liable for any harm caused by or related to the theft of your Account identifiers or Passwords, your disclosure of your Account identifiers or Passwords, or your authorization to allow another person or entity to access and use the Site, the Services and/or the Content using your Account identifier and Password. You agree to immediately notify us if you become aware of any unauthorized use of your Account identifier or Password or any use of your Account identifier or Password not permitted pursuant to this Agreement.

D. Privacy Policy and Terms. It is our policy to respect and protect your privacy and the privacy of personal health information. Any questions regarding our privacy policy should be directed to info@Netsmart.com. We do not collect personally identifiable information about you except when you specifically provide such information to us on a voluntary basis. Please note that we may, through the use of cookie technology (see below), collect a record of how and when you access and use this Site, the Content, and Services and that such information is considered to be personally identifiable information that is voluntarily given by you. However, personally identifiable information is stored on a separate server as a reasonable security precaution, and will not be sold or otherwise transferred to Sponsor/Advertisers without your prior consent, except that we will disclose the information we collect to third parties, e.g., governmental agencies, when, in our good faith judgment, we are obligated to do so under applicable laws, notwithstanding anything contained in this privacy policy, any information collected by Netsmart hereunder, may be transferred to a third party in connection with an acquisition or sale transaction. Registration information and other voluntarily submitted information may be used by us to provide our personnel with information that is useful in developing and improving features and services for you and to assist us in providing to you advertising appropriate for your apparent interests. In addition, in the future, Netsmart may select Sponsor/Advertisers who will offer to send you information about products and services. If Netsmart decides to offer such distribution of information, it will ask individual users to "opt in" to this program and select an option that will preclude the sending of any such information from Sponsor/Advertisers. We reserve the right to perform statistical analyses of behavior and characteristics of persons who use our Site in order to measure interest in and use of the various areas of the Site and to inform advertisers of such information. We will provide only aggregate data from these analyses to Sponsor/Advertisers and others; no personally identifiable information will be disclosed. We may sometimes permit Sponsor/Advertisers to offer subscription and/or registration-based services through this Site. In this event, we are not responsible for any actions or policies of such third parties and you should check the applicable privacy policy of such Sponsor/Advertiser before providing personally identifiable information to them. You should be aware when you voluntarily disclose personally identifiable information in postings to public forums on or accessible through the Site (such as chat rooms, bulletin boards, mail lists, and discussion groups, if any) that this information, along with any medical facts disclosed in the your posting, can be collected and correlated and used by third parties and may result in unsolicited messages from third parties. Such activities are beyond our control. We are committed to protecting the privacy of children. You should be aware that this Site is not intended and/or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13. We may employ cookie technology to allow you to have a personalized experience when using the Site and to navigate the Site more quickly. Cookies are small text files a Site can use to recognize repeat users and facilitate the user’s ongoing access to and use of the Site. Generally, cookies work by assigning a unique number to the user that has no meaning outside the assigning Site. You should be aware that we cannot control the use of cookies by Content Providers and Sponsor/Advertisers hosting data for us. However, if you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows the user to deny or accept the cookie feature. Please note that your acceptance of cookies may be necessary to provide you with certain features (for example, customized delivery of information) available on this Site.

E. General Health Information and Medical Disclaimers. This Site is designed to offer general health information for educational purposes only. The health information furnished on this Site and the interactive responses furnished by or through this Site, including information provided by health care professionals through interactive "Q&A" services we may offer in the future, are not intended or implied to be professional advice and are not intended to replace personal consultation with a qualified physician, pharmacist or other health care professional. You must always seek the professional advice of your own physician, pharmacist or other health care professional for questions related to your disease, disease symptoms, and appropriate therapeutic treatments. If you have or suspect that you have a medical problem or condition, please contact a qualified health care provider immediately. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THIS SITE. Some Content may include information on drugs, tests and treatments that may not be commonly accepted medical practice. We do not adhere to or advocate any specific philosophy of treatment. Although products, tests or procedures may be mentioned in the Content, we do not recommend or endorse them. You understand that the Content may contain unedited materials, some of which are sexually explicit and may be offensive to you. We do not make any warranty that the Content satisfies government regulations requiring disclosure of information on prescription drug products. We do not give medical advice, nor do we provide medical or diagnostic services. Medical information changes rapidly. While we believe our Content Providers exercise commercially reasonable efforts to provide accurate, unbiased, and current information, we cannot guarantee that this is always the case. Most Content on this Site is provided to us by our Content Providers. We have not examined the Content for accuracy, timeliness, completeness, appropriateness or helpfulness. Your reliance upon information and Content obtained by you at or through this Site is solely at your own risk. We assume no liability or responsibility for damage or injury (including death) to you, other persons or property arising from any use of any product, information, idea or instruction contained in the Content or Services provided to you.

F. Your Use of Content. The Content consists of copyrighted works proprietary to our Content Providers and/or to us. You may download and print a single copy of the Content solely for your personal, non-commercial use. Any Content you download or print may not be altered in any way and must contain the following copyrighted notice: "Copyright © 1999 Netsmart Technologies. All Rights Reserved" or the other copyright and proprietary rights notices which were contained in the such Content. Any other use of the Content, either in whole or in part for any other reason, including but not limited to modification, reproduction, retransmission, distribution, dissemination, sale, publishing, broadcast and circulation, is expressly prohibited without our prior written permission. ANY UNAUTHORIZED OR UNAPPROVED USE OF ANY OF CONTENT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUBJECTS YOU TO ALL CIVIL AND CRIMINAL PENALTIES PROVIDED FOR UNDER DOMESTIC AND INTERNATIONAL COPYRIGHT LAWS AND TREATIES. The Content may be watermarked, contain identification codes, and use other means to trace its origin and use. We or our Content Providers may actively search for unauthorized use of our Content.

G. Fees and Payment Terms. At present, there are no fees charged by us for your access to and use of this Site. You may be charged fees for access to and use of websites of our Sponsor/Advertisers, and/or as a result of purchasing products or services from our Sponsor/Advertisers. We always recommend that you determine the existence and amount of fees, if any, you may be charged before using the websites of our Sponsor/Advertisers or purchasing products or services from them.

H. Advertisements and Solicitations. The Site may contain advertisements placed by or on behalf of our Sponsor/Advertisers. These advertisements may contain links to other websites. You should be aware that Netsmart may accept fees from Sponsor/Advertisers or others in exchange for allowing these Sponsor/Advertisers to advertise services or products that they market and sell to you. The Sponsor/Advertisers may also provide financial support for developing the Content or Services made available to you through this Site. Our reference to any products or services of Sponsor/Advertisers, hypertext link to sites operated by Sponsor/Advertisers, or reference to products, services or other information by trade name, trademark, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation of the goods and services by us. UNLESS EXPRESSLY STATED BY US, WE DO NOT RECOMMEND OR ENDORSE PARTICULAR PRODUCTS OR SERVICES OF OUR SPONSOR/ADVERTISERS OR OTHERS AS BEING EITHER NECESSARY OR APPROPRIATE FOR YOU. WE ASSUME NO LIABILITY TO YOU OR ANYONE ELSE FOR THE PRODUCTS AND SERVICES PROVIDED BY OUR SPONSOR/ADVERTISERS. You hereby waive and hold us harmless against any and all claims you may have regarding their products or services. In addition, in the future, we may select Sponsor/Advertisers who will offer to send you relevant information about their products and services. If we decide to offer such distribution of information, we will provide a process for you to "opt out" of any such program operated by our Sponsor/Advertisers.

I. Private Mail Service. The Private Mail Service permits you to send and receive email over the Internet. The Private Mail Service is described as "secure" because the text of email message is encrypted if sent to another user’s Netsmart Private Mail account. YOU ACKNOWLEDGE AND AGREE THAT THE TEXT OF EMAIL MESSAGES SENT TO RECIPIENTS WHO ARE NOT WITHIN THE Netsmart PRIVATE MAIL NETWORK, AND ALL ATTACHMENTS TO MESSAGE, ARE NOT SECURE. In addition, you also acknowledge and agree that no form of encryption is fool proof. You agree to take all steps necessary to ensure the text of your email messages and all attachments to your email messages are secure.

J. Chat Rooms, Bulletin Boards, Mail List, and Certain Private Mail Terms. You may be permitted to access and use chat rooms, bulletin boards, mail lists and other forms of group electronic communications through this Site, or through the use of the Private Mail Service available to you through the Site. If you use or participate in such electronic forums, either through use of the Private Mail Service or otherwise, you are responsible for your own communications and the consequences of posting your communications. If you choose to post material using such electronic forums, you agree to do so solely for lawful purposes. You expressly agree that you will not: (1) post any defamatory, libelous, abusive, harassing, threatening, obscene, or indecent material of any kind, including, without limitation, material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law; (2) post any material, including, without limitation, text, images, and audio that infringe on and/or violate the copyright or any other personal or proprietary right of a third-party or any law; (3) post any material that would invade the privacy of any other person; (4) post any material intended to advertise to, sell to, or to solicit others without the express permission of us; (5) post charity solicitations, chain letters or pyramid schemes; (6) post any material, including, without limitation, software which contains a virus, worm, unauthorized code, "trojan horse", "time bomb", or any other harmful or deleterious program or component; (7) post any material that does not generally pertain to the designated topic or theme of this Site; (8) after receiving warning, continue to post material which we have advised you not to post; (9) create a false identity or forged email address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; (10) post, generate or disseminate so-called "spam" or mass-mailings; (11) allow anyone else to use your Account and Password to post or view comments; (12) harvest or otherwise collect information about others, including email addresses, without their consent; (13) violate any U.S. law regarding the transmission of technical data or software exported from the United States through the Service; (14) interfere with or disrupt networks connected to the Site, or used for purposes of delivering the Content or the Services (or violate the regulations, policies or procedures of such networks); (15) attempt to gain unauthorized access to the Restricted Areas of the Site, other accounts, computer systems or networks connected to the Site, through password mining or any other means; and (16) interfere with another of our user’s use and enjoyment of the Site. We do not screen posted material in advance and we are not responsible for screening or monitoring material posted by you or any other person or entity in such electronic forums. If notified by one of our users of any material which is alleged not to conform to the terms of this Agreement, we may investigate the allegation and determine in our sole discretion to remove or request the removal of the material. We reserve the right to remove material that is abusive, illegal, disruptive, or that otherwise fails to conform with this Agreement. We reserve the right to edit or delete any material posted on our Site, regardless of whether such material violates these standards for content. We have no liability or responsibility to you or any other person or entity for performance or nonperformance of the screening activities set forth above. We further do not represent, warrant or guarantee the truthfulness, accuracy, or reliability of any of the material posted by in such electronic forums. We also do not endorse any opinions expressed in such electronic forums. YOU ACKNOWLEDGE THAT ANY RELIANCE ON CONTENT POSTED IN SUCH ELECTRONIC FORUMS IS AT YOUR OWN RISK. You hereby grant to us a non-exclusive, worldwide, royalty-free, perpetual license, with right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information you submit to Public Areas of this Site (including, without limitation, the electronic forums referenced above) by all means and in any media now known or hereafter developed for any use or purpose.

K. Software. To facilitate your access to and use of our Site, the Services or the Content, we may make Software available to you. The terms of your use of the Software will be stated separately in a license agreement that will be included with the Software. You agree to only use the Software in a manner permitted pursuant to such license agreements.

L. Intellectual Property Ownership. You agree that we (or our Content Providers or Sponsor/Advertisers) own all worldwide rights, titles and interests in and to this Site, the Services and the Content. You acknowledge and agree that this Site, the Services and the Content are copyrighted and are subject to protection under domestic and international copyright laws and treaties as well as other laws relating to intellectual property rights. Netsmart, the Netsmart logo, and other marks clearly identified in the Site as ours are our trademarks. You may not use our marks without our written permission. All other names, brands and marks are used for identification purposes only and may be trademarks or registered trademarks of their respective owners. All rights not expressly granted in this Agreement are reserved to us. No other rights or licenses, whether express, implied, arising by estoppel, or otherwise are conveyed or intended by this Agreement.

M. Bookmarking and Linking. You may create a bookmark in your browser to this Site. Otherwise, you may not create a link to this Site without our prior written approval, including a link on a publicly accessible website. All permitted links may only be to the home page of this Site.

N. Links to Third Parties. We provide links on our Site to third party websites for your convenience. These third part websites are not under our control and we are not responsible for such third party websites. Your use of such third party websites is at your own risk and we are not liable to you for any loss or damage you may suffer by your use of such websites. You hereby waive any and all claims you may have against us regarding our inclusion of links to such third party websites or your use of those websites. Unless expressly stated to the contrary by us, our inclusion of links to such Third Party websites do not reflect our approval, endorsement or recommendation of such websites.

O. General Disclaimers. OUR SITE, THE SERVICES, AND THE CONTENT ARE PROVIDED TO YOU ON AN "AS IS, WITH ALL FAULTS" BASIS. WE (AND OUR CONTENT PROVIDERS AND SPONSOR AND/OR ADVERTISERS) MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR WARRANTIES ARISING BY VIRTUE OF COURSE OF DEALING OR CUSTOM OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY CONTENT OR INFORMATION ON OR AVAILABLE THROUGH THIS SITE IS ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE (AND OUR CONTENT PROVIDERS AND SPONSOR AND/OR ADVERTISERS) ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE, THE SERVICES OR THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT OUR SITE, THE SERVICES OR THE CONTENT IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS. WE (AND OUR CONTENT PROVIDERS AND SPONSOR AND/OR ADVERTISERS) FURTHER MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SITE, THE SERVICES OR CONTENT IS YEAR 2000 READY OR COMPLIANT. YOU ACKNOWLEDGE THAT YOUR USE OF OUR SITE, THE SERVICES AND THE CONTENT IS AT YOUR OWN RISK. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THIS SITE, THE SERVICES OR THE CONTENT. YOU (AND NOT US OR OUR CONTENT PROVIDERS AND SPONSOR/ADVERTISERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE, THE SERVICES AND/OR THE CONTENT. WE RESERVE THE RIGHT TO CHANGE OR DISCONTINUE AT ANY TIME ANY ASPECT OR FEATURE OF THIS SITE. Some jurisdictions do not permit the exclusion or limitation of implied warranties. Therefore, only if required by applicable law, some or all of the exclusions or limitations above may not apply to you. You may have other rights from jurisdiction to jurisdiction.

P. Exclusion of Consequential Damages. UNDER NO CIRCUMSTANCES WHATSOEVER WILL WE (OR OUR CONTENT PROVIDERS AND SPONSOR AND/OR ADVERTISERS) BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS AND LOST BUSINESS OPPORTUNITIES), SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO (1) YOUR USE OF THIS SITE, THE SERVICES AND/OR THE CONTENT, OR YOUR USE OR RELIANCE ON THE CONTENT AND INFORMATION PROVIDED ON OR THROUGH THIS SITE, OR (2) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, OR ANY OTHER FAILURE TO PERFORM BY US OR OUR CONTENT PROVIDERS OR SPONSOR AND/OR ADVERTISERS. THE FOREGOING EXCLUSION SHALL APPLY REGARDLESS OF WHETHER WE (OR OUR CONTENT PROVIDERS OR SPONSOR/ADVERTISERS) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not permit the exclusion of certain types of damages. Therefore, only if required by applicable law, some or all of the exclusions above may not apply to you. You may have other rights from jurisdiction to jurisdiction.

Q. Limitation of Liability. IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT (OR ANY OTHER AGREEMENT BETWEEN YOU AND US), WE (OR OUR CONTENT PROVIDERS OR SPONSOR AND/OR ADVERTISERS) SHOULD HAVE ANY LIABILITY TO YOU FOR ANY LOSS, HARM OR DAMAGE, YOU AND WE (ON BEHALF OF OURSELVES AND OUR CONTENT PROVIDERS AND SPONSOR/ADVERTISERS) AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE LESSER OF $1,000 OR THE FEES YOU PAID US DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT YOU CONTEND GAVE RISE TO YOUR CLAIM. YOU AND WE (ON BEHALF OF OURSELVES AND OUR CONTENT PROVIDERS AND SPONSOR AND/OR ADVERTISERS) AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND US (AND OUR CONTENT PROVIDERS AND SPONSOR AND/OR ADVERTISERS) AND REFLECTS THE FEES, IF ANY, WE CHARGE YOU TO USE THIS SITE, THE SERVICES AND THE CONTENT. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THE SITE, THE SERVICES OR THE CONTENT TO YOU.

R. Indemnity. You agree to defend, indemnify and hold us (and our Content Providers and Sponsor/Advertisers) harmless against any and all losses, expenses, costs or damages (including our reasonable attorneys’ fees, expert fees’ and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to (1) your breach of the terms of this Agreement, (2) your unauthorized or unlawful use of this Site, the Services, or the Content, and (3) the unauthorized or unlawful use of this Site, the Services, or the Content by any other person using your Account identifier and Password.

S. Arbitration. You agree that any controversy or claim arising out of or relating to this Agreement, including its formation, performance or beach, as well as any related action in tort, shall be settled by arbitration in Sacramento, California administered by the American Arbitration Association in accordance with its applicable Commercial Arbitration Rules. A single arbitrator who is an attorney licensed to practice law in the State of California with a minimum of ten (10) years experience in contract disputes involving medical information data processing shall be selected to serve as arbitrator pursuant to the rules of the American Arbitration Association. Such arbitrator shall have the authority to award any remedy or relief that a court of the state of California or any federal court could order, including specific performance of any obligation created under this Agreement, an award of actual, liquidated, or punitive damages, the issuance of an injunction, or the imposition of sanctions for abuse or frustration of the arbitration process. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. You hereby submit to the personal jurisdiction of the state and federal courts sitting in Sacramento County, California. You and us shall each bear one-half of the arbitrator's fees and expenses. The arbitrator shall award reasonable attorneys' fees and costs to the prevailing party, such costs to include out-of-pocket expenses, experts' fees, arbitrator's fees and administrative fees incurred in the arbitration, and all other costs.

T. Certain Additional Disclosures. The entity offering this Site is Netsmart Technologies, a company incorporated in the State of Delaware, USA. At present, there are no charges to you to access and use this Site, although as noted above, your access to and use of websites of our Sponsor and/or Advertisers, or your purchase of products and services from Sponsor and/or Advertisers, may cause you to incur certain charges. All complaints concerning this Site, the Services or the Content should be reported to: info@Netsmart.com. All complaints received are duly investigated within a reasonable time. You will be notified of the resolution, if any, of your complaint, by email or in writing provided you have furnished with your email address or physical address.

U. Miscellaneous Terms.

Other Restrictions. In addition to the terms and conditions of this Agreement, you must abide all other terms, conditions, and restrictions contained in any other agreement you have with us or stated elsewhere in this Site. The terms of this Agreement shall control over any conflicting terms of any other agreement you may have with us.

Termination. Your right to access and use the Site, the Services and the Content immediately terminates without further notice upon your violation of any of the terms and conditions of this Agreement. We may also terminate this Agreement at any time, with or without cause, or terminate your right to use this Site or Content at any time, with or without cause. We may cease offering this Site at any time.

Amendments. We reserve the right to make changes to this Agreement at any time without advance notice. We agree to post all amended forms of this Agreement upon the Site and such amended forms shall be effective immediately upon our posting of the same. Also, we may, in our sole discretion, provide email notice to you. It is at all times, however, your responsibility to read the most current form of this Agreement before using this Site, the Service and/or the Content, to insure that you agree to the terms and conditions of the then current version of the Agreement. You agree that these standards for notice of amendments to this Agreement are reasonable.

Governing Law. This Agreement is governed by the laws of the State of California, without giving effect to any principles of conflicts of law and not including the provisions of the United Nations Convention on Contracts for the International Sale of Goods. In rendering an award pursuant to an arbitration action, the arbitrator shall determine the rights and obligations of the parties according to the substantive and procedural laws of the State of California.

Access from Outside the U.S. We are based in Sacramento, California USA. We make no claims the Services or Content is appropriate or may be downloaded outside of the United States. Access to or use of the Services or the Content may not be legal by certain persons or in certain countries. If you access and/or use our Site, Services and/or Content from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Export Control. Some Content and Software may contain software and/or other information subject to U.S. Export Control Laws. You agree to comply with such the U.S. Export Control Laws and not to export or re-export the Content and Software to countries or persons prohibited under U.S. Export Control Laws. By downloading the Content and/or Software, you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Content and Software.

U.S. Government Restricted Rights. The Software and Content are made available only with RESTRICTED RIGHTS. All use, duplication, or disclosure of the Software or the Content by the Government is subject to restrictions as set forth in subparagraphs (c)(1)(ii) of the Rights in Technical Data Computer Software Clause at DFARs 252.22-70013 and/or subparagraphs c(1) and c(2) of the Commercial Computer Software Restricted Rights Clause at 48 C.F.R. Section 52.227-19, as applicable. The contractor/vendor/manufacturer is Netsmart Technologies, 11060 White Rock Road, Suite 210, Rancho Cordova, CA  95670 U.S.A.

Waiver. The waiver by us of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or a subsequent breach of the same or a different kind.

Interpretation. In respect to all defined terms in this Agreement, the singular shall include the plural and vice versa.

Assignment. We may freely assign our rights under this Agreement. You may not assign your rights under this Agreement without our prior written permission, which may be refused in our sole discretion. Any attempt by you to assign your rights under this Agreement without our permission shall be void.

Severability. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement shall remain in full force and effect.

Survival. The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: General Disclaimers, Exclusion of Consequential Damages, Limitation of Liability, Indemnity, and Arbitration.

Entire Agreement. This Agreement contains the entire agreement between you and us relating to the subject matter hereof, and supersedes any other oral or written communications relating thereto. No provision appearing on any purchase order, confirmation form, or other form originated by you relating to the subject matter hereof shall serve to alter or add to the terms of this Agreement. No statements of any of our employees may amend, vary or supplement the terms and conditions of this Agreement. This Agreement may only be modified by us by posting an amended version of this Agreement to our Site.

Glossary. As used in this Agreement, the following terms shall have the following meanings:

"Account" means the account we establish for you when you become a Registered Consumer User.

"Agreement" means all the terms for use of this Site under the heading "Terms of Site Use and Other Legal Matters".

"Content" means the text, images, and audio that are contained on or made available to you through this Site. Most of the Content is provided to us by Content Providers.

"Content Providers" means the third parties that furnish us Content to make available to you.

"Password" means the alphanumeric string assigned to or selected by you when you become a Registered Consumer User. The Password, when used with a valid Account, permits you to access certain Restricted Areas of this Site.

"Public Areas" means any portion of this Site that is intended by us to be accessed and used without an Account or Password.

"Registered Consumer User" means an individual who has successfully completed Registration and has been issued an Account and Password.

"Registration" means the enrollment process necessary for the creation of an Account and Password for Registered Consumer Users.

"Restricted Area" means any portion of this Site that is intended by us to require an Account and Password to access and use. Not all Restricted Areas are accessible by Registered Consumer Users.

"Service" means any on-line application or service made available for your use on or through this Site.

"Site" means this Netsmart website. We reserve the right to discontinue or make changes to this Site at any time.

"Software" means any software that we provide you (by download, email, or otherwise). Software is generally subject to a separate software license agreement that is provided to you with the Software.

"Sponsor and/or Advertiser" means (1) the third parties that participate or offer to participate in e-commerce or other transactions with you or for your benefit through this Site, including vendors, advertisers, payors, labs, insurance companies, pharmacies, pharmaceutical companies, employers, and the like, and (2) the third parties that we permit to link to this Site or to advertise, market or solicit goods or services to you, whether through the Site or by other form of contact, e.g., direct mail or email.

"Netsmart" means Netsmart Corporation, a company incorporated in the State of Delaware USA.

"We" "us" and "our" refer to Netsmart Technologies, and its subsidiary and affiliated companies.

"You" and "your" refers to you, the individual who has agreed to be bound by the terms and conditions of this Agreement, as well as anyone to whom you have provided or allowed access to your password.

V. Refund Policy

Helper software comes with a 30 day in-house money back guarantee. The program must be returned, unregistered, (in house) within thirty days from the date of purchase. There are no returns on software that has been registered. This applies to new program purchases only.

Upgrades and maintenance contracts are non-refundable.

As of the year 2002 Therapist Helper will no longer be sold as a small group program, but sold by individual provider.

Maintenace renewal will be based on indvidual provider and will no longer be sold by small group programs.

A current maintenance contract is required to purchase and use Traveler, expedite, and SecureConnect.  Product upgrades will not be sold without a maintenance contract.

Helper software does not support wireless networks or peer-to-peer.

Email and Communication Opt Out Policy

You may always opt out of receiving future communications from Netsmart Technologies. Emails contain an unsubscribe option, but to opt-out of any other communications, please contact us at info@ntst.com.