Help & Hope - SMS Terms of Use

1. Service Description Help and Hope is a text messaging program for parents and caregivers concerned about their child or loved one’s substance use or addiction. The service allows users to receive customized resources and skills delivered via text. Messages include evidence-based skills and strategies to help parents and family members get the help they need.

Please be aware that your use of the Help and Hope SMS Service is subject to the following terms and conditions of use (the “Terms of Use”). If you do not agree to these Terms of Use, you are advised not to use the Help and Hope SMS Service.

2. Cancellation. You can cancel the SMS service at any time. Just text “STOP” to the 55753. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

3. Assistance. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at contact@toendaddiction.org.

4. Reliability of Service. Carriers are not liable for delayed or undelivered messages

5. Data Rates. As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive 1 to 2 messages approximately once per day. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

6. Ownership and Operation. The Help and Hope texting service and related content belong to Partnership to End Addiction. Partnership to End Addiction may, in its sole discretion, at any time and without prior notice, modify or discontinue the Help and Hope Service.

7. Agreement To Be Bound; Changes to the Terms of Use. Your use of the Help and Hope Service constitutes your agreement with Partnership to End Addiction to be bound by, and to act in accordance with, these Terms of Use. Partnership to End Addiction reserves the right to modify these Terms of Use or to impose new or additional terms of use at any time and without prior notice (“Modified Terms”). Modified Terms shall be effective immediately and incorporated into these Terms of Use upon the posting of such Modified Terms. Your continued use following the posting of any Modified Terms shall be deemed to conclusively indicate your acceptance of any and all such Modified Terms. Accordingly, you should periodically re-review these Terms.

8. Limited License. You may use the Help and Hope SMS Service for non-commercial purposes only. You may use content offered for downloading, if any, for non-commercial use only and subject to the rules that accompany that particular content. You may not use any content in a manner that exceeds the rights granted for your use of that content. You may not download, replicate, retransmit, reproduce or otherwise use any of the photographic images contained in the Help and Hope Service as a stand-alone file. You may not use any data mining software, robots or similar data gathering and extraction tools, reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan or otherwise distribute SMS Service content without Partnership to End Addiction’s prior written consent.

9. Interactive Messaging. Messages that you post can be viewed by the Partnership to End Addiction and cannot control, and is not responsible for, any use of those messages, or any information included in those messages, by third parties. Partnership to End Addiction is not responsible for messages posted, and you understand that each such message expresses the views of its author and not necessarily Partnership to End Addiction. Although Partnership to End Addiction may pre-screen, monitor or review any discussions, chats, comments although Partnership to End Addiction is under no obligation to do so and assumes no responsibility or liability arising from the content of the Help and Hope SMS Service nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within the Help and Hope SMS Service

10. Right to Screen, Review, Remove and Refuse Content. Partnership to End Addiction has the right, but not the obligation, in its sole discretion, to pre-screen, review, remove or refuse any user or other content from the Help and Hope SMS Service for any reason, including without limitation that content posted by you violates these Terms of Use or is otherwise objectionable. If you find any content that violates these Terms of Use, please contact us immediately by email at contact@toendaddiction.org.

11. License to Posted Content. By posting any content to any portion of the Help and Hope SMS Service, you hereby (i) grant the Partnership a non-exclusive, perpetual, fully paid-up, irrevocable license to use, reproduce, distribute, display, perform, make derivative works based upon and otherwise exploit that content and (ii) represent, warrant and covenant to Partnership to End Addiction that you possess and will maintain all rights necessary to grant Partnership to End Addiction the foregoing license. For example, the foregoing license gives Partnership to End Addiction the right to use questions, comments and postings submitted by you (and any ideas, concepts, know-how, processes and techniques contained therein) in articles, commentaries or other materials both online and offline (or for any other purposes), and no compensation shall be earned, due or payable for any such use.

12. Confidentiality. Subject to our privacy policy obligations, any information communicated to Partnership to End Addiction via the Help and Hope SMS Service is not confidential and Partnership to End Addiction has no obligations of confidentiality with respect to such information. You understand that you grant Partnership to End Addiction a license to use, reproduce, distribute, display, perform, make derivative works based upon and otherwise exploit anything you transmit to Partnership to End Addiction via the Help and Hope SMS Service, subject to applicable law. Furthermore, Partnership to End Addiction is free to use any ideas, concepts, know-how, processes or techniques contained in any communication you send via the Help and Hope SMS Service for any purpose whatsoever, including, but not limited to, developing, manufacturing, marketing and selling products and services using such ideas, concepts, know-how, processes or techniques.

13. Reliance. You and your family may not rely upon the information or opinions communicated by Partnership to End Addiction or other users of the Help and Hope SMS Service. Information provided does not, and cannot, replace necessary medical consultations with qualified health or medical professionals with the training to meet the individual health or medical needs of you and your family.

14. Third-Party Information. Partnership to End Addiction may provide you with certain third-party information or content on the Help and Hope SMS Service. This third-party information or content does not necessarily represent the viewpoint or opinions of Partnership to End Addiction, nor does Partnership to End Addiction take responsibility for the accuracy or reliability of this third-party information or content.

15. Security and Limitations on Access. You are prohibited from violating or attempting to violate the security of the Help and Hope SMS Service. Accordingly, you agree that you will not interfere, or attempt to interfere, with the proper working of the Help and Hope SMS Service. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the Partnership’s information technology infrastructure.

16. Indemnification. You agree to be solely responsible for, and to indemnify and hold harmless the Partnership, its directors, officers, principals, managers, agents, representatives and employees and their respective directors, officers, principals, managers, agents, representatives and employees from, any liabilities, damages, losses, costs, or expenses arising out of or in connection with (i) any breach of these Terms of Use by you or (ii) any message posted by you to the Help and Hope SMS Service regardless of the legal theory on which such a claim is based.

17. DISCLAIMER OF WARRANTIES. ALL CONTENT INCLUDED IN OR AVAILABLE VIA THE HELP AND HOPE SMS SERVICE IS “AS IS”. SUCH CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Partnership to End Addiction, ITS DIRECTORS, OFFICERS, EMPLOYEES, PRINCIPALS, MANAGERS, AGENTS AND REPRESENTATIVES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, PRINCIPALS, MANAGERS, AGENTS AND REPRESENTATIVES DISCLAIM ANY WARRANTIES THAT: (i) THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; (ii) THE HELP AND HOPE SMS SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (iii) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (iv) THE SERVICE OR ITS SERVERS ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE HELP AND HOPE SMS SERVICE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SOME OR ALL OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

18. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL PARTNERSHIP TO END ADDICTION, ITS DIRECTORS, OFFICERS, PRINCIPALS, EMPLOYEES, MANAGERS, AGENTS OR REPRESENTATIVES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, PRINCIPALS, EMPLOYEES, MANAGERS, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE HELP AND HOPE SMS SERVICE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF PARTNERSHIP TO END ADDICTION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, PARTNERSHIP TO END ADDICTION’S, ITS DIRECTORS’, OFFICERS’, PRINCIPALS’, EMPLOYEES’, MANAGERS’, AGENTS’ AND REPRESENTATIVES’ AND THEIR RESPECTIVE OFFICERS’, DIRECTORS’, PRINCIPALS’, EMPLOYEES’, MANAGERS’, AGENTS’ AND REPRESENTATIVES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

19. Partnership to End Addiction’s Copyright Policy. If you are a copyright owner or an agent thereof and believe that any content posted in the Help and Hope SMS Service infringes upon your copyright rights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by following the procedures described below. As part of our response, we may remove or disable access to content distributed via the Help and Hope SMS Service that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected content so that they may make a counter-notification, also in accordance with the DMCA. Before serving either a notice of infringing material or a counter-notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with our obligations under the DMCA and do not constitute legal advice.

Notice of Infringing Material

To file a notice of infringement, please provide a notification containing the following details:

• (i) Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (e.g., title, author, URL);
• (ii) Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (e.g., a link to the page that contains the material);
• (iii) Your contact information so that we can contact you (e.g., your address, telephone number, email address);
• (iv) A statement that you have a good faith belief that the use of the material identified in (i) above is not authorized by the copyright owner, its agent or the law;
• (v) A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; and
• (vi) Your physical or electronic signature.

You must send this notice by mail, fax or email to:

Emily Feinstein
Executive Vice President
Partnership to End Addiction
711 Third Avenue, 5th Floor
New York, New York 10017
Tel.: (212) 841.5200
Fax: (212) 956.8020
Email: generalcounsel@toendaddiction.org

Counter-Notification
If material that you have posted has been taken down, you may file a counter-notification that contains the following details:

• (i) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
• (ii) A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
• (iii) Your contact information so that we can contact you (e.g., your address, telephone number, email address);
• (iv) A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or, if your address is outside of the U.S.A., for any judicial district in which we may be found, and that you will accept service of process from the person who submitted a notice in compliance with the DMCA as generally described above; and
• (v) Your physical or electronic signature.

You must send this notice by mail, fax or email to:
Emily Feinstein
Executive Vice President
Partnership to End Addiction
711 Third Avenue, 5th Floor
New York, New York 10017-6706
Tel.: (212) 841.5200
Fax: (212) 956.8020
Email: generalcounsel@toendaddiction.org

20. You agree that these Terms of Use and your use of the Help and Hope SMS Service shall be governed by the laws in effect in the State of New York, without reference to its conflict of laws principles. Any claim or dispute between you and Partnership to End Addiction that arises in whole or in part from your use of the Help and Hope SMS Service shall be decided exclusively by a court of competent jurisdiction located in New York County, New York.