1. Please read the
following terms and conditions of the askthenternettherapist.com Agreement
carefully and in its entirety. If you agree to the following terms you
may view or use any of asktheinternettherapist.com's forums, discussion
groups and services. If you do not wish to be bound by the terms and
conditions of this Agreement, you may not view or use any of asktheinternettherapist.com's
forums, discussion groups or services.
2. All references
to asktheinternettherapist.com in this Agreement shall include the website,
forums and discussion groups, and its directors, officers, employees,
shareholders, agents, affiliates, and attorneys, as applicable.
3. Access to view
and/or use asktheinternettherapist.com's forums, discussion groups,
and services are intended for individuals eighteen years of age and
older who do not suffer from a major mental disorder.
4. Any amendment,
change, or modification of this Agreement shall be made only under the
express written direction of asktheinternettherapist.com. This will
be done through the posting of any amendment, change, or modification
of this Agreement on the asktheinternettherapist.com website. Any viewing
or use of asktheinternettherapist.com by you shall be deemed an acceptance
by you of any amendment, change or modification of this Agreement by
asktheinternettherapist.com.
5. The information
contained in asktheinternettherapist.com's forums, discussion groups,
and services are specifically for educational purposes. They are not
intended to, and do not provide, professional advice for mental health
counseling; nor are they to be a substitute for professional mental
health counseling or therapy. You should not rely upon the information
contained in asktheinternettherapist.com's forum, discussion groups,
and services for medical, legal or financial decisions. You should consult
a mental health professional for advice or treatment regarding any mental
health concerns.
6. You may view
and/or use asktheinternettherapist.com's forums, discussion groups,
and services subject to the terms and conditions of this Agreement.
You may download or print a copy of any information provided by asktheinternettherapist.com
for your personal use only. Any other use in framing, downloading, or
printing a copy of any information provided by asktheinternettherapist.com
is expressly prohibited unless prior written consent is specifically
provided by the holder of the copyright of the information and by asktheinternettherapist.com.
7. Asktheinternettherapist.com
does not guarantee or warrant that asktheinternettherapist.com is free
of viruses or other code containing destructive properties. You are
responsible for implementing reasonable measures to prevent the loss
of code or data belonging to you. Asktheinternettherapist.com does not
assume any responsibility for your use of any information or data taken
from said website.
8. ASKTHEINTERNETTHERAPIST
DOES NOT MAKE ANY EXPRESSED OR IMPLIED WARRANTIES, REPRESENTATIONS,
OR ENDORSEMENTS, INCLUDING ANY WARRANTIES OF TITLE OR NON-INFRINGEMENT
OF THIRD PARTIES' RIGHTS, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO ANY INFORMATION OR
MERCHANDISE PROVIDED BY OR THROUGH ASKTHEINTERNETTHERAPIST.COM, EXCEPT
AS OTHERWISE SPECIFIED BY ASKTHEINTERNETTHERAPIST.COM. ASKTHEINTERNETTHERAPIST.COM
DOES NOT WARRANT THE ACCURACY, TIMELINESS OR USEFULNESS OF ANY INFORMATION
OR MERCHANDISE PROVIDED BY OR THROUGH ASKTHEINTERNETTHERAPIST.COM.
9. Asktheinternettherapist.com
shall not be liable to anyone for any act or omission taken in reliance
upon any information provided by asktheinternettherapist.com. You may
not use asktheinternettherapist.com for any unlawful purpose or for
that which is prohibited by this Agreement. Asktheinternettherapist.com
may deny you access to asktheinternettherapist.com at any time for any
reason at the sole discretion of asktheinternettherapist.com.
10. Asktheinternettherapist.com
shall not be liable for any damages whatsoever, including but not limited
to, damages for personal injury or wrongful death, loss of business
profits, business interruption, or loss of data, arising out of the
viewing or use of, or inability to view or use, asktheinternettherapist.com's
forums, discussion groups, and services, or for any reason whatsoever.
You agree to fully defend and indemnify asktheinternettherapist.com
from any legal action arising from your viewing or use of asktheinternettherapist.com
forums, discussion groups, and services. You are solely responsible
for communications and/or materials you post on asktheinternettherapist.com's
forums and discussion groups.
11. Asktheinternettherapist.com
does not and cannot review all communications and/or materials posted
on its forums and discussion groups, and, as such, is not responsible
in any manner for the content of posted communications or materials.
You may not post or transmit any communications or materials, and asktheinternettherapist.com
has the right to block or delete any communications or materials, on
asktheinternettherapist.com's forums, discussion groups and services
that may:
a.
be libelous, defamatory, or discloses private or personal information
about another person, indecent, obscene, offensive, or pornographic,
offensive, harmful, threatening, harassing, abusive, hateful, fraudulent,
deceptive, or misleading, or constitute stalking,
b.
violate the privacy and/or property rights of others, including any
unauthorized copyrighted communications or materials, trade secrets,
protected intellectual property rights, or other confidential or trademarked
proprietary information,
c.
interfere with the viewing or use by others of asktheinternettherapist.com's
forums, discussion groups, and services, use simultaneous, unattended
or continuous connections to asktheinternettherapist.com, or post or
transmit any file containing any viruses or any contaminating or destructive
code or features,
d.
be requests for charity, petitions for signatures, chain letters, or
communications or materials for any pyramid schemes, advertising, solicitations,
or promotional communications or materials of any kind, or be used to
harvest or collect information about other users of the forums, discussion
groups, and services on asktheinternettherapist.com, or
e.
be deemed unacceptable for any reason by asktheinternettherapist.com.
Asktheinternettherapist.com may take steps, if deemed necessary, to
investigate any violation of this Agreement, including the recording
of any communications or materials in its forum, discussion groups,
and services.
12. You further
agree that your registration for any forums, discussion groups, and
services in asktheinternettherapist.com is true and correct, and that
if any information in your registration changes, you will correct your
registration immediately, you will not allow another person to have
access to any forums, discussion groups, and services in asktheinternettherapist.com
under your registration, you will not impersonate any other person or
entity in any forums, discussion groups, and services in asktheinternettherapist.com,
you will not post any communications or materials that you know or reasonably
should know is false, you will not mislead others about your identity,
education, credentials, knowledge or experience, and that you will not
collect any information whatsoever about other users of asktheinternettherapist.com.
13. The parties
to this Agreement agree that any claim, controversy, or dispute arising
out of any viewing or use of asktheinternettherapist.com shall first
be subject to mediation between the parties; in addition, such mediation
will be conducted in accordance within the rules and procedures of the
American Arbitration Association, the American Health Lawyers Association
Alternative Dispute Resolution Service, or such other third party dispute
resolution mechanism as the parties hereto agree. In the event the dispute
is not resolved by mediation, the parties agree that any such unresolved
dispute shall be subject to binding arbitration under the rules and
procedures of the American Arbitration Association, the American Health
Lawyers Association Alternative Dispute Resolution Service, or such
other third party dispute resolution mechanism as the parties hereto
agree, and that they are waiving their right to a jury or court trial.
However, the arbitrator(s) of such dispute may not be individuals who
previously served as the mediator of the dispute. Said mediations or
arbitration's shall be conducted in Phoenix, Arizona, and Arbitration's
shall require a panel of three arbitrators. Judgment upon the award
entered by the arbitrators shall be binding upon the parties and may
be entered by either party in a court of competent jurisdiction. The
costs of mediation shall be split equally by the parties. The costs
of arbitration shall be subject to an order of the panel of arbitrators.
The prevailing party shall be entitled to an order awarding it all reasonable
costs and attorneys' fees incurred by reason of the dispute, including
the costs of any expert witnesses or consultants.
14. Notices hereunder
must be in writing and must be delivered by the U.S. Postal Service
or a United States national overnight delivery service, addressed as
follows. Notices to asktheinternettherapist.com must be addressed to:
Asktheinternettherapist.com, attention: Mr. Jef Gazley, MS, 6540 E.
Kelton Lane, Scottsdale, AZ. 85254. Notices shall be deemed effective
five business days after deposit with the U.S. Postal Service or two
business days after deposit with a United States national overnight
delivery service.
15. The parties
agree that, regardless of any statute, rule, or regulation to the contrary,
any claim or cause of action against the other party arising out of
or relating to this Agreement or viewing or use of asktheinternettherapist.com
must be filed within one year after such claim or cause of action arose.
16. Asktheinternettherapist.com
is not responsible for delays or failure in performance resulting from
acts beyond the control of asktheinternettherapist.com Such acts shall
include but are not limited to acts of God, strikes, lockouts, riots,
acts of war, epidemics, governmental regulations superimposed after
the fact, fire, communication line failures, power failures, earthquakes,
or other disasters.
17. No alleged past
or present written or oral agreement or representation, course of conduct
by you or asktheinternettherapist.com, or any trade practice shall act
to modify this Agreement. The provisions set forth in this Agreement
are the only terms and conditions of the Agreement. The provisions of
this Agreement shall be severable; in the event any portion of this
agreement is deemed unenforceable, such unenforceability shall not affect
the enforceability of the remaining portions of the Agreement.
18. This Agreement
incorporates by reference all other Agreements contained in the asktheinternettherapist.com
website in their entirety.
19. I have read
and accepted the above terms and conditions and I understand and agree
to be bound by the terms and conditions of this Agreement. If I do not
wish to be bound by the terms and conditions of this Agreement, I may
not view or use any of asktheinternettherapist.com's forums and discussion
groups.
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