TherapistUnlimited("TU") welcomes you. The following Web site User Agreement (the "Agreement") describes the terms and conditions on which offers you access to this Web site (the "Service"). The Service is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained in this Agreement.Please carefully review this entire Agreement.
Your use of the Service constitutes
your binding consent to all such terms, conditions and notices contained or referenced
herein.
1. Copyright Rights
All copyright rights in the text, images, photographs, graphics, user interface,
and other content provided on the Service, and the selection, coordination, and
arrangement of such content, are owned by TU or its third-party licensors, to
the full extent provided under the United States Copyright Act and all international
copyright laws.
Under applicable copyright laws, you are prohibited from copying, reproducing,
modifying, distributing, displaying, performing or transmitting any of the contents
of the Service for any purposes. Nothing stated or implied on the Service confers
on you any license or right under any copyright of Technology Works or any third
party.
The Service and the information contained herein are for informational purposes
only. Any reproduction, copying, or redistribution for commercial purposes of
any materials or design elements of the Service is strictly prohibited, without
the prior written consent of TU.
Notwithstanding the above, TU authorizes you to make one (1) electronic or paper
copy of the information posted on any page of the Service, provided that the copy
is used solely for non-commercial, personal purposes, and further provided that
any such copy remains protected by all copyright, trademarks, service marks, and
other proprietary notices and legends contained on the Service. Systematic retrieval
of data or other content from this Service to create or compile, directly or indirectly,
a collection, compilation, database or directory without written permission from
TU is prohibited.
2. Trade and Service Mark Rights
All rights in the product names, company names, trade names, logos, and designs
of all TU or third-party products or services, whether or not appearing in large
print or with the trademark symbol, belong exclusively to TU or their respective
owners, and are protected from reproduction, imitation, dilution or confusing
or misleading uses under national and international trademark and copyright laws.
The use or misuse of these trademarks or any materials, except as permitted herein,
is expressly prohibited and nothing stated or implied on this Service confers
on you any license or right under any patent or trademark of TU or any third
party.
3. Modification of This Agreement
TU reserves the right to amend this Agreement at any time. All modifications
and amendments will be posted on the Service. You are bound by any such revisions
and should therefore periodically visit this page to review the then-current Terms
and Conditions to which you are bound. Your use of the Service after the posting
of modifications to this Agreement will constitute your acceptance of this Agreement,
as modified. If at any time you do not wish to accept this Agreement, you may
not use the Service.
4. Links to Third-Party Services
This Service may contain links to other Services ("Linked Services"). The Linked
Services are not under the control of TherapistUnlimited and TU is not responsible
for the content of the Linked Services, including, without limitation, links contained
on Linked Services, or any changes or updates to Linked Services. TU is providing
Linked Services to you only as a convenience, and the inclusion of such Linked
Services is not an endorsement by TU in favor of any company offering Internet
services, products or services on the Linked Services.
5. Obligations
You are required to comply with all applicable law in connection with your use
of the Service, and such further limitations as may be set forth in any written
or on-screen notice from TU. As a condition of your use of the Service, you warrant
that you will not use the Service for any purpose that is unlawful or prohibited
by this Agreement.
6. Prohibited Uses Generally
Without limiting the foregoing, you agree not to transmit, distribute, post,
communicate or store information or other material on, to or through the Service
that:
(a) is copyrighted, unless you are the copyright owner;
(b) reveals trade secrets, unless you own them;
(c) infringes on any other intellectual property rights of others or on the privacy
or publicity rights of others;
(d) is obscene, defamatory, threatening, harassing, abusive, hateful, slanderous
or embarrassing to any other person or entity as determined by TU in its sole
discretion;
(e) is sexually explicit;
(f) constitutes surveys, contests, chain letters or pyramid schemes; or
(g) contains viruses, Trojan horses, worms, time bombs, or other computer programming
routines or engines that are intended to damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data or information.
You further agree not to:
(a) use any false or inaccurate biographical information or other information
for purposes of registering as a user of the Service, or for purposes of registering
for any promotions offered through the Service;
(b) delete or revise any material or other information of any other user or TU;
(c) harvest or otherwise collect information about others, including e-mail addresses,
without their consent;
(d) take any action that imposes an unreasonable or disproportionately large
load on the Service's infrastructure;
(e) use any device, software or routine to interfere or attempt to interfere
with the proper working of the Service or any activity being conducted on this
site;
(f) use or attempt to use any engine, software, tool, agent or other device or
mechanism (including without limitation browsers, spiders, robots, avatars or
intelligent agents) to navigate or search the Service other than the search engine
and search agents available from TU on the Service and other than generally available
third party Web browsers (e.g., Netscape Navigator and Microsoft Internet Explorer);
or
(g) allow any other person or entity to use your user ID or password for posting
or viewing comments or sending or receiving materials;
(h) attempt to decipher, decompile, disassemble or reverse engineer any of the
software comprising or in any way making up a part of the Service.
You further agree not to violate or attempt to violate the security of the Service,
including, without limitation:
(a) accessing data not intended for you or logging into a server or account that
you are not authorized to access;
(b) attempting to probe, scan or test the vulnerability of a system or network
or to breach security or authentication measures without proper authorization;
(c) attempting to interfere with service to any user, host or network, including,
without limitation, by way of submitting a virus to, or overloading, "flooding",
"spamming", "mailbombing" or "crashing", the Service; or
(d) forging any TCP/IP packet header or any part of the header information in
any e-mail or posting.
Violations of system or network security may result in civil or criminal liability.
TU will investigate occurrences that may involve such violations and may involve,
and cooperate with, law enforcement authorities in prosecuting users who are involved
in such violations.
7. License Granted
TU does not claim ownership of any information or material you transmit, distribute,
post, communicate or store on, to or through the Service. However, by submitting
or posting information or material on, to or through the Service, you grant TU
a world-wide, royalty free, perpetual, irrevocable and non-exclusive right (including
any moral rights) and license to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, perform and display such content anywhere,
for any purpose, and in any form, media or technology now known or later developed.
No compensation will be paid with respect to the use of your posting.
TU is free to use any ideas, concepts, know-how, or techniques contained in
any communication you send for any purpose whatsoever including, but not limited
to, developing, manufacturing and marketing products using such information. TU
is under no obligation to maintain any posting you make and may remove any posting
at any time in its sole discretion.
8. User ID, Password, Security
(a) Your User Identity. Your user ID and password will be your identity for purposes
of interacting with TU and other users through the site.
(b) User ID and Password Access. You shall keep confidential, shall not disseminate,
and shall use solely in accordance with this Agreement, your user ID and password
for the Service. You shall immediately notify TU if you learn of or suspect:
(i) any loss or theft of your user ID or password, or (ii) any unauthorized use
of your user ID or password or of the Service. In the event of such loss, theft,
or unauthorized use, TU may impose on you, at TU's sole discretion, additional
security obligations.
(c) Security Breaches and Revision. If any unauthorized person obtains access
to the Service as a result of any act or omission by you, you shall use your best
efforts to ascertain the source and manner of acquisition and shall fully and
promptly brief TU. You shall otherwise cooperate and assist in any investigation
relating to any such unauthorized access.
9. Privacy Policy
You agree and consent to the terms of the TU Online Privacy Policy.
10. Disclaimer of Warranties
THE WEB SITE IS PROVIDED "AS IS." TherapistUnlimited MAKES NO REPRESENTATION OR WARRANTY
OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE WEB
SITE, INCLUDING ANY PART THEREOF, OR ANY WEB SITE OR OTHER CONTENT OR SERVICE
THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE WEB SITE.
11. Release of Liability
NEITHER TherapistUnlimited NOR ANY THIRD PARTY SHALL BE LIABLE TO YOU OR
ANY OTHER PERSON FOR ANY REMEDY, LIABILITY, DAMAGES, COSTS, OR LOSSES WHATSOEVER
RELATING IN ANY WAY TO THE WEB SITE, INCLUDING ANY PART THEREOF, OR ANY OTHER
CONTENT, WHETHER ARISING UNDER THESE TERMS OR APPLICABLE LAW, INCLUDING CONTRACT,
TORT, STATUTORY, OR ANY OTHER LAW.
12. Indemnification
Upon a request by TU, you agree to defend, indemnify and hold harmless TU and
its subsidiaries, affiliates, officers, agents, co-branders or other partners
and employees from all liabilities, claims and expenses, including reasonable
attorneys' fees, made by any third party due to or arising out of content you
submit, post to or transmit through this Service, your use of the Service, your
violation of this Agreement or your violation of any rights of another.
13. Severability and Integration
Unless otherwise specified herein, this Agreement constitutes the entire agreement
between you and TU and governs your use of this Service, superceding any prior
or contemporaneous communications and proposals (whether oral, written or electronic)
between you and TU. If any portion of this Agreement is held invalid or unenforceable,
that portion shall be construed in a manner consistent with applicable law to
reflect, as nearly as possible, the original intention of the parties, and the
remaining portions shall remain in full force and effect.
14. No Waiver
The failure of TU to enforce any provisions of this Agreement or respond to
a breach by you or other parties shall not in any way waive its right to enforce
subsequently any terms or conditions of this Agreement or to act with respect
to similar breaches.
15. No Professional Advice
Any information supplied by any employee or agent of TU, whether by telephone,
e-mail, letter, facsimile or other form of communication, is intended solely as
general guidance on the use of the Service, and does not constitute legal, Therapy,Counseling
or other professional advice. Individual situations and state laws vary and users
are encouraged to obtain appropriate advice from qualified professionals in the
applicable jurisdictions.
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