LEGAL

Terms of Use

1ST RESPONSE PSYCHIATRY

USER AGREEMENT

Introduction

This agreement ("User Agreement" or "Agreement") is between 1ST RESPONSE PSYCHIATRY ("we," "our," "us") and you. This Agreement sets the terms of your use of our website and services (collectively, the "Website").

This Agreement is a legal contract between you and us. By using the Website, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you do not agree, you should not use the Website.

Without advance notice and at any time, we may, for violations of this Agreement or for any other reason:

  1. Suspend your access to the Website.

  2. Suspend or terminate your ability to access or use the Website.

  3. Pursue any other legal rights and remedies related to your violation of this Agreement.

We reserve the right to monitor the Website, and your use of the services we provide constitutes agreement to such monitoring. However, we do not guarantee we will monitor all activity.

Account and User Responsibilities

To use certain features of the Website, you may be required to create an account with a username and password ("Your Account"). If you want to reset your password or have us contact you, you may also need to provide an email address.

  • You are solely responsible for the information associated with Your Account and any activity related to it.

  • You may not license, transfer, sell, or assign Your Account without our written approval.

  • You may not use the Website to conduct transactions for any illegal goods or services.

Intellectual Property

The Website may contain graphics, text, photographs, images, video, audio, software, code, website compilation, website "look and feel," and advertisements supplied by us or our licensors ("Our Content"). Our Content is protected by intellectual property laws, including copyright and proprietary rights of the United States and foreign countries.

We grant you the right to access Our Content as described in this Agreement. You may not otherwise use Our Content for unauthorized commercial purposes, reproduce, prepare derivative works, distribute copies, perform, or publicly display Our Content, except as permitted by fair use doctrine or as authorized in writing by us.

Third-Party Links and Services

We are not responsible for the content or actions of third-party websites linked on our Website. You agree to take sole legal responsibility for any links you post or visit. This Agreement and our Privacy Policy do not apply to third-party content, so we encourage you to review their terms and policies.

Liability and Disclaimers

Each of the following sections applies to the maximum extent permitted by law.

Waiver of Liability

We will not be legally liable for any of your actions that infringe on the law or the rights of a third party. You agree to hold us, our affiliates, officers, directors, shareholders, employees, agents, and third-party service providers harmless from and indemnify and defend them against any and all claims, costs, damages, losses, expenses, and other liabilities (including attorneys’ fees) arising out of or related to:

  • Your access to or use of the Website.

  • Your violation of this Agreement.

  • Your violation of any third party’s rights.

No Warranties

The Website and Our Content are provided "as is" without warranty of any kind. To the maximum extent permitted by law, we and our affiliates disclaim all warranties, express or implied, including but not limited to:

  • Implied warranties of merchantability.

  • Fitness for a particular purpose.

  • Non-infringement of proprietary rights.

You are solely responsible for any damage to your device, loss of use, or loss of your content. We do not guarantee that the Website will always function properly.

Limitation of Liability

We will not be liable for any special, consequential, indirect, incidental, punitive, reliance, or exemplary damages arising from or connected with this Agreement or your use of the Website. This includes but is not limited to damages for loss of profits, goodwill, use, or data.

Some jurisdictions do not allow certain limitations on liability, so these exclusions may not apply to you. You may have additional rights depending on your location.

Release of Claims

You agree to release us, our affiliates, and third-party service providers from any claims, demands, and damages (actual and consequential) arising from or connected to your use of the Website.

Class Action Waiver

All disputes must be resolved on an individual basis. You waive the right to:

  • Class arbitrations.

  • Class actions.

  • Private attorney general actions.

  • Consolidating your dispute with others.

If a court finds the class action waiver unenforceable, the affected claims will be severed and proceed in court, while the remaining claims will proceed in arbitration. Any provision found illegal or unenforceable will be severed, with the rest of this section remaining in effect.

Dispute Resolution and Governing Law

Notices and Informal Resolution

If you have a dispute, you agree to try to resolve it informally with us before taking legal action. You may contact us at md@1stresponsepsych.com.

Governing Law

Any dispute between you and us related to this Agreement shall be governed by the laws of the State of Illinois, without regard to conflict of laws provisions. You agree to:

  1. Waive claims under other jurisdictions' laws.

  2. Consent to the exclusive jurisdiction of state or federal courts in Cook County, Illinois.

  3. Submit to the personal jurisdiction of these courts for dispute resolution.

General Provisions

Severability

If any provision of this Agreement is found invalid or unenforceable, it will be modified to the extent necessary to be enforceable. If modification is not possible, the provision will be severed while the rest of the Agreement remains in effect.

Assignment

We may assign this Agreement at any time without notice. You may not assign it to anyone else.

Acceptance and Electronic Communication

  • Agreements, terms, and notices provided electronically have the same effect as written agreements.

  • Communications from us are effective upon sending, regardless of when you read them.

  • We are not responsible for undelivered communications due to outdated contact information.

Release of Information

We may be required by law to release information about your account. Except as prohibited by law, we will notify you before complying with a civil subpoena related to your account. You agree to hold us harmless for any such disclosure.

Non-Waiver

Failure to enforce any part of this Agreement is not a waiver of our right to do so in the future.

Entire Agreement and Amendments

This Agreement constitutes the entire contract between you and us regarding the Website. It supersedes all prior agreements. We may modify this Agreement at any time. If changes materially affect your rights, we will provide advance notice and maintain an archived version on the Website. Continuing to use the Website after changes constitutes acceptance of the new terms.

Effective Date

This User Agreement is effective as of March 20, 2025.