Terms of Use

Last updated 2022-10-25

Overview


TRAILS is a fiscally sponsored project of Tides Center, a California nonprofit benefit corporation (“TRAILS”). TRAILS provides evidence-based mental health services in schools by providing training, resources, and implementation support to teachers and school staff. Our mission is to increase equitable access to effective mental health care to students experiencing the highest mental health needs and disproportionate barriers to accessing services. To do so, TRAILS provides various services to educators, parents, and students, including but not limited to websites, cloud-based applications, printed and web-based materials, surveys, reports, speaking engagements, in-person and online trainings, and other forms of assistance (together described as “Services”). This document describes the terms that govern the use of TRAILS Services.


Before using any Services, you must read, understand, and agree to these Terms of Use and our Privacy Policy, at https://trailstowellness.org/privacy-policy (collectively described as the “Agreement”). You have no right to use the TRAILS website or Services unless you unconditionally agree to all the terms of the Agreement.


By signing up for a TRAILS account, or by otherwise using the Services, you agree that you have read and agree to be bound by the terms of the Agreement, without modification and to the exclusion of all other terms.


Permission to Access Services

You have permission to access TRAILS Services as long as you comply with all terms of the Agreement. TRAILS may change or discontinue any or all parts of the Services at any time, and may restrict features or services, in each case without notice or liability.


Eligibility to Use Services

The Services are not available to (a) any users who were previously suspended or blocked from accessing the Services or (b) anyone under the age of 13 whose participation has not been approved by a legal guardian or an educational organization acting in place of a legal guardian.


By using the Services, you attest: (a) that you have not been previously suspended or blocked from accessing the Services; (b) that your participation and your use of the Services complies with any and all applicable laws and regulations; and (c) that you are either (i) at least 13 years of age or (ii) that your legal guardian or an educational organization authorized to act in place of your legal guardian has consented to your use of the Services.

Students

If you are a student: You agree that you will only use the Services if invited to do so by a teacher or other official from your school, college, or other educational organization that is authorized to give you access to the Services. You also agree not to send any personal information to us other than what we specifically request as a part of the Services.

Young Users

If you are under 13 years of age (a “Young User”), you may only use the Services with consent and approval from your legal guardian or an authorized school official, like a teacher, who invites you to use the Services.

Educators

If you are a teacher, instructor, or other person (“Educator”) accessing the Services on behalf of a school, school district, college, or other educational organization (“Organization”), the following terms apply to you: You attest that you are acting on behalf of and have permission from your Organization to enter into the Agreement and to use the Services as part of your educational duties for the benefit of students. Furthermore, if you invite a Young User to use the Services, you represent and warrant that you are authorized to consent on behalf of the Young User with respect to their use of Services; additionally, you agree to be bound by these terms on behalf of the Young User, including without limitation being liable for all use of the Services by the Young User. You agree to indemnify, defend, and hold harmless TRAILS (which includes, for clarity, Tides Center), Tides Center’s affiliates, and its and their respective employees, contractors, consultants, agents or other representatives (the foregoing, collectively, the “Tides Indemnified Parties”) against all claims, losses, liabilities and expenses (including attorney’s fees) arising out of or related to (a) your violation of any provision, representation, or warranty; (b) the use of Services by a Young User; (c) your failure to obtain sufficient consent; or (d) all other actions related to the Young User. Additionally, if TRAILS and that Organization have a separate written agreement, then that agreement will define the order of precedence between the Agreement and that separate agreement. If any jurisdictions exist where the Agreement or part of it is prohibited, then your right to access and use the Services is revoked in those jurisdictions.


Use of Services

By accessing and using the Services, including any software, technology, and any other materials shown or provided through the Services (“Content”), you attest and agree that you will not:

  • Use the Services or Content:
    • In any manner that infringes intellectual property rights, privacy rights, or other third party rights;
    • In any manner that violates any law or regulation, or which would place TRAILS in violation of any applicable laws or regulations (including but not limited to FERPA and COPPA);
    • To perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data;
    • To abuse, harass, stalk, threaten, or otherwise harm others or violate their legal rights;
    • To libel or defame others; or
    • To engage in any fraudulent activity.
  • Attempt to engage in unauthorized access or use of the Services or Content, or any accounts, computers, or networks related to TRAILS;
  • Damage, disrupt, interfere with, diminish, or render inaccessible or unusable the Services or Content, or TRAILS or others' equipment or software or others' data, or attempt or encourage or assist others to do so;
  • Modify or alter the Services or Content except in the case of personal use for your target populations (all other modifications must be authorized in writing by TRAILS);
  • Resell or charge others for the Services or Content, including without limitation Coach-in-Training Resources, Clinical Protocols, or Coaching Protocols, either directly or indirectly; or
  • Initiate a denial of service attack against TRAILS or the Services or release a virus, trojan horse, worms or other malware or spyware;


In addition, you will abide by reasonable administrative directives issued from time to time concerning the access or use of the Services and Content.


Without limiting any other terms of this Agreement or any other remedies TRAILS may have, in event of any violations of this section, TRAILS reserves the right to immediately suspend or delete your account and all content associated with it.


Modification of the Agreement

We may modify the Agreement in the future. If we do modify the Agreement, we will send you a notice via email and/or post the modified Agreement to the website. You will be bound by the new version of the Agreement (a) once you use the Services after you know about the change or (b) 30 days after we publish the new Agreement (whichever is sooner). Any disputes will be resolved under the terms of the Agreement in place when the dispute takes place. It is your responsibility to stay familiar with the Agreement and any modifications that we may make.


Privacy Policy

Our Privacy Policy (see https://trailstowellness.org/privacy-policy) is part of this Agreement. Please read it for information about our collection, use, and disclosure of personal information from users.


Content

The Services and Content, as well as the technology used to provide them, must only be used for non-commercial purposes and only in accordance with the terms of the Agreement. All Content is protected by copyright and other intellectual property laws. You must abide by all copyright notices, trademark rules, and restrictions contained in any Content accessed through the Services. You may not use, copy, reproduce, modify, sell, or otherwise exploit for any purposes whatsoever any Content not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party rights. Under no circumstances will TRAILS be liable in any way for any Content. That includes but is not limited to any Content with errors or omissions or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.


You may provide information in the course of using Services that will be visible to certain other users. You grant TRAILS and its successors a non-exclusive, worldwide, royalty free, and transferable right and license (without obligation) to reproduce, distribute, publicly perform and display, and modify any information or Content you share in the course of using Services. However, note that your information will be only stored or shared in accordance with our strict Privacy Policy, see https://trailstowellness.org/privacy-policy. We reserve the right to remove any of your Content in our sole and absolute discretion.


Limitation of Liability

YOU AGREE THAT TRAILS HAS NO FIDUCIARY RELATIONSHIP OR RESPONSIBILITY TO YOU AND NO CONTROL OVER, AND NO DUTY TO TAKE ANY ACTION REGARDING: WHO ACCESSES SERVICES OR CONTENT, OR WHAT EFFECTS THE SERVICES OR CONTENT MAY HAVE ON YOU, INCLUDING WHAT ACTIONS YOU MAY OR MAY NOT TAKE AS A RESULT OF ACCESSING THE CONTENT OR SERVICES. TO THE GREATEST EXTENT LEGALLY PERMISSIBLE, THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE WITH RESPECT TO THE ACCURACY, COMPLETENESS, SUITABILITY AND USEFULNESS OF THE SERVICES OR CONTENT; ANY AND ALL LIABILITY ARISING DIRECTLY OR INDIRECTLY FROM THE USE OF THE SERVICES OR CONTENT IS HEREBY DISCLAIMED. IN NO EVENT WILL THE TIDES INDEMNIFIED PARTIES (AS DEFINED ABOVE) BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES OR CONTENT.


Indemnity

You will indemnify, defend, and hold harmless the Tides Indemnified Parties from and against any claim or demand made by any third party arising out of your use or misuse of the Services. That includes, but is not limited to, failure to obtain or provide any necessary consent, or infringement of the right of any individual or organization, whether those rights be privacy rights, property rights, or any other kind of right.


Third Party Websites

The Services and Content occasionally link to third party websites that are not owned or controlled by TRAILS. When you access third party websites or interact or communicate with third parties through the Services, you do so entirely at your own risk and assume all responsibility for such interactions. You hereby agree that TRAILS has no control or responsibility for those websites or the information located therein, and that you release TRAILS from any liability arising from your interaction with such third party websites or third parties.


User Interactions

TRAILS is not responsible for the actions of or interactions between users. You are solely responsible for your interactions with other users or other third parties you may encounter while using Services. If you have a dispute with other users, you hereby release the Indemnified Parties (as defined in “Indemnity” above) from any and all claims, demands, and damages of every kind arising out of or in any way connected with such disputes. Additionally, you waive California Civil Code §1542, which states: "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 settlement with the debtor." You also waive any and all similar, applicable state statutes.


Suspension & Termination

The Agreement is in full effect while you use the Services. You may terminate your use of the Services at any time by contacting us at inquiries@trailstowellness.org. TRAILS may suspend or block your access to the Services at any time for any reason and without warning or notice, which could result in the loss of information associated with your account. All portions of the Agreement that can survive termination, shall survive termination, including but not limited to ownership provisions, disclaimers, and limitations of liability.


Miscellaneous

Governing Law

The Agreement will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.

Copyright

TRAILS began as a program within the University of Michigan. Certain TRAILS materials have the following copyright that spans 2013-2022: © Copyright 2013-2021 The Regents of the University of Michigan. All Rights Reserved.


Any TRAILS materials not under the copyright of The Regents of the University of Michigan fall under the copyright of TRAILS, a project of Tides Center.


TRAILS respects copyright law and expressly prohibits use of the Services for the illegal transmission of copyrighted material.

Severability

If any part of the Agreement is held to be unlawful or unenforceable, that provision will be limited or eliminated from the terms to the minimum extent necessary and without influencing the validity and enforceability of remaining provisions.

Headings

The headings in the Agreement are provided for convenience and do not limit or affect any of the provisions in the Agreement.