Terms of Use


Welcome. This Terms of Use Policy (“Policy”) applies to all websites operated by Constellation Behavioral Health, LLC and/or any of its subsidiaries and affiliates (“Company,” “we,” “us,” or “our”), herein referred to as “Website” and “Sites”.

This policy is effective January 6, 2020.

Constellation Behavioral Health provides its services to you subject to these Terms of Use. By visiting our Sites, you are agreeing to these Terms of Use. These Terms govern your use of this Website and our services (“Services”). Please read these Terms of Use carefully. We reserve the right to modify and amend these Terms of Use and to post the amended Terms on the website. By using this Website or any of our services, you agree to abide by these Terms of Use, as amended from time to time. If you disagree with any of these Terms of Use or are unsatisfied with this Website or any of our services for any reason, your sole remedy is to discontinue use of this Website and our services. Any rights not expressly granted herein are reserved to Constellation Behavioral Health.

IMPORTANT DISCLAIMERS:

  • Dial 911 in the event of an emergency! THIS WEBSITE IS NOT AN EMERGENCY MONITORING OR EMERGENCY RESPONSE SERVICE, AND ANY PERSON WHO IS AWARE OF AN EMERGENCY SITUATION OR BELIEVES THAT A PERSON MAY BE AT RISK OF INJURY OR DEATH, OR WHO MAY HARM THEMSELVES OR OTHERS SHOULD DIAL “911” OR AN APPROPRIATE EMERGENCY RESPONSE NUMBER. CONSTELLATION BEHAVIORAL HEALTH IS UNDER NO OBLIGATION TO MONITOR OR RESPOND TO COMMUNICATIONS OR POSTINGS MADE TO THIS WEBSITE.
  • This Website and information provided on this Website are for general informational and educational purposes only. This Website and information provided on this Website are NOT intended and should NOT be used as, a substitute for medical or other professional advice or for diagnosis or treatment of any condition or symptom. This Website and information provided on this Website do NOT constitute the provision or practice of medical, nursing, or professional health care advice or services.
  • You should consult your physician or other qualified health care provider regarding any specific questions you may have. You should NEVER disregard professional advice or delay seeking treatment based on any information obtained from this Website or from any other website.

This Website is intended and only suitable for individuals aged 18 and over. Some of the content on this Website may not be appropriate for children. Children under the age of 13 are not permitted to use this Website. We strongly recommend that children between the ages of 13 and 17 ask for their parent or guardian’s permission before viewing our Website. Constellation Behavioral Health hereby disclaims all liability for use by individuals under the age of 18.

Constellation Behavioral Health reserves the right, in its sole and absolute discretion, to change, modify, update, and interpret these Terms of Use at any time, and you agree to be bound by those changes, modifications, updates, and interpretations. You should therefore review these Terms of Use periodically to familiarize yourself with any changes, modifications, updates and interpretations. If you violate any of these Terms of Use, your authorization to use our Website and the other licenses granted herein terminate automatically.

If any of these Terms of Use are held unenforceable by a court or other tribunal of competent jurisdiction, then those provisions shall be limited or eliminated to the minimum extent necessary to allow the remainder of these Terms of Use to retain its full force and effect. This Agreement constitutes the entire Agreement between you and Constellation Behavioral Health applicable to its subject matter. It may not be modified except as described elsewhere in these Terms of Use. Anything on the Website inconsistent or in conflict with these Terms of Use is superseded by these Terms of Use.

Use of our Sites

Constellation Behavioral Health grants you a limited, non-exclusive right to use the Services, and any content and materials made available to you in connection with your use of the Services, only for your non-commercial, informational purposes and for such other purposes (and subject to such further limitations) as may be provided in these Terms of Use.

Monitoring of our Sites

We have no obligation to monitor any related Websites or any other materials that you or third parties transmit or post on or to the Website or related Website, if any. However, you acknowledge and agree that we have the right (but not the obligation) to monitor the Website and the materials you transmit or post; to alter or remove any such materials (including, without limitation, any posting to a chat or discussion board); and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Website properly, to protect ourselves, our sponsors, and our other clients and visitors, and to comply with legal obligations or governmental requests.

General Disclaimers; User Indemnity

All access to this Website is voluntary and at the sole risk of the user. Constellation Behavioral Health does not warrant the accuracy of any content or materials on the Website or on any other websites linked to or from it. Whereas Constellation Behavioral Health strives to present timely and accurate information, it makes no representations that this information is free of errors or omissions that may be considered material. Constellation Behavioral Health does not warrant the completeness or correctness, timeliness or usefulness of any opinions, advice, services, or other materials provided through the Website. Constellation Behavioral Health will not be liable for any decision made or action taken in reliance upon the information provided on the Website. Except for information or services clearly and specifically identified as being supplied or endorsed by Constellation Behavioral Health, Constellation Behavioral Health does not endorse any services appearing on this Website or other Websites linked to or from it.

The information contained on or provided by this Website is for general educational and informational purposes only. All material on the Website is provided on an “as-is” basis without warranty of any kind, express or implied, including, without limitation, warranties of title or non-infringement or the implied warranties of merchantability or fitness for a particular purpose. Constellation Behavioral Health is not responsible for any loss or damage resulting from reliance on the information or other content posted on this site or from sites linked to or from this site. Constellation Behavioral Health does not warrant that the use of this site will be uninterrupted and, although Constellation Behavioral Health maintains virus protection on this site, it cannot guarantee that this site is free from viruses of other contaminants that may damage your computer or its data. Constellation Behavioral Health also reserves the right, at any time, at its own discretion to: (1) Change, add or remove portions of the terms and conditions of these Terms of Use; (2) Change or discontinue the Website in whole or in part, including eliminating or discontinuing any content on or feature of the Website; (3) Change any prices or fees appearing on or associated with the Website or for any products or services offered for sale or otherwise available on the Website including catalogs provided through the Website; (4) Refuse or cancel any order, at our sole discretion, for any reason; (5) Terminate or restrict any user or account or user for any reason, at our sole discretion.

BY VISITING THIS WEBSITE, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS CONSTELLATION BEHAVIORAL HEALTH AND ANY AFFILIATED ENTITIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY “CONSTELLATION BEHAVIORAL HEALTH PARTIES”) FROM AND AGAINST ALL CLAIMS, ACTIONS, DEMANDS, LIABILITIES, JUDGMENTS AND SETTLEMENT, INCLUDING, WITHOUT LIMITATION, FROM ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR ANY OTHER CLAIM YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS FOR DEFAMATION, VIOLATION OF PUBLICITY OR PRIVACY, COPYRIGHT OR TRADEMARK INFRINGEMENT RESULTING FROM YOUR SUBMISSIONS OF ANY CONTENT, TAGGED CONTENT OR OTHER MATERIALS, ANY ECONOMIC HARM, LOST PROFITS, DAMAGES TO BUSINESS, DATA OR COMPUTER SYSTEMS, OR ANY DAMAGES RESULTING FROM RELIANCE ON ANY CONTENT OR RESULTING FROM ANY INTERRUPTIONS, WORK STOPPAGES, COMPUTER FAILURES, DELETION OF FILES, ERRORS, OMISSIONS, INACCURACIES, DEFECTS, VIRUSES, DELAYS OR MISTAKES OF ANY KIND, EVEN IF YOU HAVE PREVIOUSLY ADVISED CONSTELLATION BEHAVIORAL HEALTH OF THE POSSIBILITY OF SUCH CLAIM. THE USER’S SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND ANY OF ITS SERVICE IS TO STOP USING THE WEBSITE OR SERVICE. YOU AGREE THAT UNDER NO CIRCUMSTANCE SHALL ANY OF THE CONSTELLATION BEHAVIORAL HEALTH PARTIES BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR THE MATERIALS ON THIS WEBSITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS ALL LOSSES AND CLAIMS OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.

Before seeking legal recourse for any harm you believe you have suffered arising from or related to your use of this Website, you agree to inform us in writing and to give us thirty (30) days to cure the harm before initiating any action. You must initiate any cause of action within one year after the claim has arisen, or you will be barred from pursuing any cause of action.

Copyright Notice

This Website is owned and operated by Constellation Behavioral Health. The entire contents and design of the site are protected by U.S. and international copyright law. All rights regarding the Website and materials contained on the Website are either owned by Constellation Behavioral Health, are licensed to it, or are used with permission. Constellation Behavioral Health and its licensors retain and reserve all proprietary rights to the contents of this Website.

You may not copy, republish, upload, post, display, transmit, or frame any of these materials without prior written consent from Constellation Behavioral Health. You may link to, view, download, use, display and print a single copy of the materials found on this Website only for personal, noncommercial and informational purposes as long as: (1) you do not alter or modify the materials in any way; (2) you include all applicable copyright, trademark and other notices and disclaimers; and (3) you do not use the materials in a way that suggests an association with Constellation Behavioral Health or an affiliated entity. All such copies must include, at a minimum, the following copyright notice: “Copyright © [current year] Constellation Behavioral Health. All rights reserved.” Any other use of the Website or the information contained here is strictly prohibited. Constellation Behavioral Health may terminate the above license at any time for any reason. If you breach any of these Terms of Use, your license terminates immediately and automatically and without notice. Upon the termination of this license you must stop using this site, including all content, and return or destroy all copies, including electronic copies, of the content in your possession or control.

Copyright Infringement – DMCA Notice

The Digital Millennium Copyright Act (the “DMCA”) provides remedies for copyright holders who believe in good faith that material appearing on the Internet infringes their rights under copyright law. If you believe in good faith that content or material on this Website infringes a valid copyright owned by you, you (or your agent) may send Constellation Behavioral Health a notice requesting that the material be removed, or access to it blocked. This request should be sent to the address listed at the end of this agreement

The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Website should be sent to the address below.

Trademark Notice

Constellation Behavioral Health and its affiliated entities’ names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Constellation Behavioral Health. All rights are reserved. You are not authorized to use any Constellation Behavioral Health name or mark in any advertisement, publicity or in any other commercial manner without prior written consent of Constellation Behavioral Health. All other trademarks appearing on the Website are the property of their respective owners.

Reprint Permissions

No part of this Website or any of its photographs or other content may be reproduced, copied, modified or adapted without prior written consent. If you would like to request permission to reproduce content from our Sites, please contact us.

Photography Disclaimer

Photographs on this Website (hereafter known as “Content”) use models/actors. The Content is being used for illustrative purposes only.

Privacy

Constellation Behavioral Health is committed to protecting the privacy of all its users. For more information, please review our Privacy Policy, which explains how we collect, use and disclose information that affects your privacy.

Jurisdiction and Location

Information provided on this Website is not targeted to users in any particular locality nor is it intended to constitute the doing of business in any jurisdiction.

This Website is a service provided by Constellation Behavioral Health and does not constitute any contact with any jurisdiction outside the State of California. Use of this Website is prohibited in any jurisdiction having laws that would void these Terms of Use in whole or essential part or which makes accessing the Website illegal. Users in such jurisdictions visit and use this Website entirely at their own risk. Note: The essential parts of these Terms of Use include, without limitation, the exclusive venue and exclusive remedy provisions and the warranty disclaimers.

This Agreement is entered into and performed in the State of California, United States of America. It is governed by and shall be construed under the laws of the State of California, exclusive of any choice of law or conflict of law’s provisions. In any claim or action directly or indirectly arising under these Terms of Use or related to the Website, each party irrevocably submits to the exclusive personal jurisdiction of the Superior Court of California, County of San Diego, or of the United States Court for the District of California. Each party waives any jurisdictional, venue or inconvenient forum objections to these courts. This Website is intended for a United States audience. If you live outside the U.S., you may see information not approved and/or available in your country.

Requests for Information

If you contact Constellation Behavioral Health and request information about our programs or services, we will use your phone number, email, or postal address to provide the information you requested. You agree that we may use and share information you provide us as described in our privacy policy.

Constellation Behavioral Health

While we take reasonable measures to protect the confidentiality of your information, no one can give absolute assurance that all information will remain secure. Under certain circumstances, it is possible that third parties may be able to intrude on the server and view your information. Constellation Behavioral Health is not responsible for illegal actions of third parties. By submitting information to Constellation Behavioral Health, you agree that you are aware of these risks. If you do not wish to submit your information electronically, please contact us at the phone number or address listed at the end of this agreement.

Outbound Links to Other Websites

Constellation Behavioral Health provides outbound links to other Websites that contain information or services that may be of help to you. Constellation Behavioral Health provides these links for your convenience only. It is not responsible for the content of these sites or the programs, services, products, agencies, or businesses they describe. Constellation Behavioral Health does not guarantee that these sites will meet your particular purposes.

Constellation Behavioral Health is not responsible for the content or privacy practices of non-Constellation Behavioral Health Websites to which our Sites may link. Please review the privacy policy of any and all such sites before using them.

Downloadable Resource Files

Constellation Behavioral Health cannot and does not guarantee or warrant that files available for downloading from its Sites will be free of viruses or other code that may contaminate or destroy data on your computer. You are responsible for implementing sufficient protective procedures and checks to maintain the accuracy of your data for maintaining a data back up or other means for the reconstituting any lost data. Constellation Behavioral Health assumes no responsibility or risk for damage to your computer, tablet or mobile phone or its files related to your use of our Sites.

California Residents

If you reside in California, you understand that you are waiving your rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand and hereby expressively waive the benefits of Section 1542 of the Civil Code of California and any similar law of any state, country or territory, which provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

General

You may not assign any rights or obligations under these Terms of Use without Constellation Behavioral Health’s prior written consent. Constellation Behavioral Health may assign all or part of these Terms of Use together with this Website, to any third party.

You agree that any use of this site that is not explicitly authorized is a breach of contract, unauthorized access of a protected computer, and violation of Constellation Behavioral Health’s intellectual property rights including copyright rights, in addition to any and all other claims Constellation Behavioral Health may have against you.

All sections of these Terms of Use, which, by their nature are designed to survive expiration or termination of these Terms of Use, including but not limited to indemnity and limitation of liability clauses, shall survive. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Contact Information

You may contact Constellation Behavioral Health at [email protected] or by telephone at (888) 997-3410 or mail a letter request to Constellation Behavioral Health, Attention: Privacy Officer, 7918 El Cajon Blvd, Ste N227, La Mesa, CA 91942.

You agree that we may provide any and all notices to you by email, telephone, fax, as well as by any other method.