Welcome to Heroes Health.  These Terms of Service (“Terms”) govern your use of the Heroes Health mobile application (the “Application”) and related services made available by Marvin Behavioral Health, Inc. (“Marvin”).  

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Health care workers (“Participants”) whose employers or health care institutions (collectively, “Employers”) have contracted with Marvin to provide the Application to their workers may participate in the Heroes Health program (“Program”) through the Application.   Participants may download the Application from any distributor of the Application.  The Application and participation in the Program will be free to Participants.  If Participants choose to receive mental health support or therapy outside of the Program, the therapy provider may charge the Participants.  Such therapy support services, and any escalation, are not included in the Program and are subject to their own Terms of Service and Privacy Policy.

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Participants may participate in weekly mental health surveys that screen for depression, anxiety and post-traumatic stress disorder through a questionnaire on the Application.  Aggregate de-identified screening results will be shared with Employer leadership to provide Employers with information about how to better support their workers.  These screenings results will not identify Participants.    

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Participants may also opt-in to sharing identifiable data with mental health support teams at Employer (“Support Teams”) or Marvin’s affiliated behavioral and mental health services professional corporations (“Marvin Behavioral”), if they are experiencing suicide ideation or moderate-to-severe mental health symptoms based on the weekly screenings.  Participants are not required to have their identifiable mental health information shared with anyone as part of participating in the Program.  Any fees associated with services provided by the Support Teams or Marvin Behavioral will be charged to Participants or their insurance.  Such services are not part of the Program or covered by these Terms.  The Application may also provide information on mental health resources.    

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ONLY A TRAINED MENTAL HEALTH PROFESSIONAL CAN DIAGNOSE A MENTAL HEALTH CONDITION. SIMILARLY, PARTICIPATION IN THE PROGRAM IS NOT A SUBSTITUTE FOR A MENTAL HEALTH PROFESSIONAL. IF YOU FEEL THAT YOU WOULD BENEFIT FROM PROFESSIONAL HELP, WE ENCOURAGE YOU TO REACH OUT TO A PSYCHIATRIST OR LICENSED THERAPIST.  MARVIN AND MARVIN BEHAVIORAL ARE NOT RESPONSIBLE FOR TREATING PARTICIPANTS UNDER THIS PROGRAM.  MARVIN AND MARVIN BEHAVIORAL WILL NOT IN ANY EVENT BE LIABLE FOR FAILURE OF PARTICIPANTS TO SEEK APPROPRIATE HELP IN AN EMERGENCY.

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Participation in the Program is strictly voluntary. You have the right to decline to join the Program or to withdraw your participation from the Program for any reason at any time.  If Marvin’s contractual arrangement with your employer ends, then you will no longer be able to participate in the Program.

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Marvin does not provide emergency crisis intervention as part of the Program.  If you are experiencing a mental health emergency, please call 9-1-1 or the National Suicide Prevention Lifeline (1-800-273-8255).

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Data collected through the Application is the property of Marvin and remains so indefinitely (even if you discontinue your participation in the Program). Data may be published at the aggregate level (e.g., across institutions) but no publications will ever personally identify participants or be capable of identifying participants. 

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Individual Rights

Marvin grants you limited personal rights to participate in the Program in accordance with these Terms. You agree not to transmit content that you do not have the right to transmit or that infringes the right of any party, and you agree to use the Application in compliance with all applicable laws. You understand that the Application and services provided in connection with the Program may be subject to patent, copyright, trademark or other intellectual property protection and that the ownership of software and other intellectual property related to the Program, as well as the goodwill associated therewith remains with Marvin or its licensors. You agree that any improvements or other changes to the Program or Application are the sole property of Marvin. Your participation in the Program is limited in a number of ways. Any commercial use, such as selling content, creating course packs, or posting information elsewhere, is prohibited.

Your participation terminates immediately, without any further action by Marvin, if you breach these Terms. You may not transfer or assign your participation to any other party.

Marvin is the owner or licensee of all rights in the Program, its content, software, and related services. You have no right to such content, software, or services if not expressly granted in these Terms. “Heroes Health” and the logos or other proprietary marks of Marvin or its licensors and partners are trademarks of Marvin or its licensors and partners. No right, title or interest in those trademarks is granted you in these Terms.

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Privacy

Any information that you provide to Marvin through the Program or the Application is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Program and the Application you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information within the United States and/or to other countries for storage, processing and use by Marvin. As part of the Program, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Program, which you may not be able to opt-out from receiving.

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Disclaimers, Limitations of Liability and Indemnity

Please read this section carefully as it limits the liability of Marvin, Marvin Behavioral, and each of their parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Marvin Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

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A.  The Program and the Application are provided “As Is” as “As Available.”  Marvin makes no warranty of any kind, expressed or implied, including but not limited to the implied warranties of title, non-infringement, merchantability, and fitness for a particular use or purpose. Further, MARVIN DISCLAIMS ANY WARRANTY THAT THE PROGRAM OR THE APPLICATION WILL BE AVAILABLE AT ALL TIMES OR WILL OPERATE WITHOUT INTERRUPTION OR ERROR.  MARVIN MAKES NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS, OR SUITABILITY OF THE PROGRAM, THE APPLICATION, OR INFORMATION PROVIDED THROUGH THE PROGRAM OR APPLICATION. The Marvin Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Program and Application; (ii) any harm to your computer system or mobile device, loss of data, or other harm that results from your access to or use of the Application, or any content; (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Program or the Application; (v) whether the Program or Application will meet your requirements or be available on an uninterrupted, secure, or error-free basis; (vi) any advice or information you receive through the Program or the Application; and (vii) any injuries or harm you or a third party incurs as a result of information or advice received through the Program or Application.  No advice or information, whether oral or written, obtained from the Marvin Entities or through the Program or Application, will create any warranty not expressly made herein.  

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TO THE EXTENT LEGALLY PERMITTED, YOU EXPRESSLY RELEASE THE MARVIN ENTITIES FROM ANY AND ALL LIABILITY FOR ANY DAMAGES, SUITS, CLAIMS, PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE THAT MAY ARISE FROM OR RELATE TO YOUR PARTICIPATION IN THE PROGRAM AND USE OF THE SERVICES.  IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

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B.  Links

The Application may contain links to third-party services or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such services or resources; or (ii) the content, products, or services on or available from such services or resources. Links to such services or resources do not imply any endorsement by the Marvin Entities of such services or resources or the content, products, or services available from such services or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such services or resources.

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C.  Limitations of Liability 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MARVIN ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PROGRAM OR THE APPLICATION; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE APPLICATION, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE PROGRAM OR THE APPLICATION; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE MARVIN ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID MARVIN, IF ANY, IN THE PAST SIX MONTHS FOR ACCESS TO THE PROGRAM OR APPLICATION GIVING RISE TO THE CLAIM.

TO THE EXTENT PERMITTED BY LAW, THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE MARVIN ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE

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D.  Indemnification

To the extent not prohibited by law, you expressly agree to indemnify and hold harmless the Marvin Entities from and against any and all liabilities, expenses, damages and costs, including, but not limited to, reasonable attorneys’ fees and costs, related to all third party claims, charges and investigations related to (1) any information, advice, treatment recommendations or other content you transmit via the Program or the Application; (2) your failure to comply with the Terms, including without limitation, (3) your interactions with any other Marvin user; (4) your use or disclosure of  information, including without limitation, personal information or medical information you learned about on or through the Program or the Application;  and (5) any activity in which you engage on or through the Program or the Application.

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General Terms

A. Waiver and Severability

The failure of Marvin to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

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B. Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Program or the Application will be brought solely in the federal or state courts located in Los Angeles County, California, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.  You agree that you may only bring claims against Marvin related to your participation in the Program and use of the Application on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. 

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C. Entire Agreement

These Terms and our Privacy Policy are the entire and exclusive agreement between Marvin and you regarding the Program and the Application (excluding any service for which you have a separate agreement with Marvin that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Marvin and you regarding your participation in the Program and use of the Application.  

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D. Severability

These Terms are severable to the extent any term is deemed invalid, illegal or unenforceable.

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E. Waiver

Marvin’s failure to enforce any provision of these Terms shall not be deemed a waiver of that or any other provision of these Terms.

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F. Revisions to Terms

We may revise these Terms from time to time, the most current version will always be at meetmarvin.com.  If the revision, in our sole discretion, is material we will notify you via email to the email associated with your account or through the Services. If you do not wish to be bound by any such revisions to the Terms, you must end these Terms with us.  By continuing to participate in the Program or use the Application those revisions become effective, you agree to be bound by the revised Terms.

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If you have any questions about these Terms or would like to notify Marvin, please contact us via:  user-success@meetmarvin.com.