WebPsychology, LLC's Terms and Conditions of Use
WEBPSYCHOLOGY, LLC WELCOMES YOU!
PLEASE READ THESE TERMS AND CONDITIONS OF USE (THE “TERMS”) CAREFULLY BEFORE USING THE WEBPSYCHOLOGY LLC WEB SITE (THE “SITE”). By accessing or using this Site and the webpages contained within and hosted by WebPsychology, LLC (“WebPsychology”), you agree to these Terms. If you do not agree to any or all of these Terms, do not access or use this Site.
WebPsychology may revise and update these Terms at any time. Your continued usage of the Site following revisions and updates to these Terms constitutes your acceptance of such changes.
THIS SITE IS NOT INTENDED FOR MEDICAL / MENTAL HEALTH / PSYCHOLOGICAL ADVICE AND IS INTENDED FOR INFORMATIONAL PURPOSES ONLY.
The contents of the Site (including without limitation, any text, graphics, images, videos, webinars, audio, audio podcasts, information obtained from WebPsychology or its licensors, contributors, partners, and other material contained on the Site) ("Content") are provided for informational purposes only. The Content is not intended in any way to be a substitute for professional medical or psychological advice, diagnosis, or treatment. Always seek the advice of your physician, psychiatrist, psychologist, or other qualified health provider with any questions you may have regarding a medical or psychological condition. Never disregard professional medical or mental health advice or delay in seeking such advice because of anything you have read on the Site.
If you think you may have a medical or psychological emergency, call your doctor or 911 immediately! WebPsychology does not recommend or endorse any specific tests (assessment or otherwise), physicians, psychiatrists, psychologists, products, services, webinars, procedures, opinions, or other information that may be mentioned on the Site. You agree that reliance on any information/Content provided by WebPsychology, by our employees, associates, or partners, or by any third parties, or other visitors to the Site is solely at your own risk.
The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with WebPsychology or its licensors, or contributors regardless of the form of the Content. The Content may be retrieved solely for your own personal, noncommercial use and may be downloaded to your own hard disk at your own risk or sent to a printer solely for that purpose. In doing so, you may not remove or alter any trademark, copyright, or other proprietary notice. You may not otherwise copy, modify, distribute, or use any Content without the express permission of WebPsychology.
Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Content and features are subject to change or removal without notice in the editorial discretion of WebPsychology. All rights not expressly granted herein are reserved to WebPsychology and its licensors and contributors.
If you violate any of these Terms, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
Portions of the Site may provide users an opportunity to exchange ideas and information. WebPsychology has no obligation to screen, edit, or review postings, and the ideas and information posted does not necessarily reflect the views of WebPsychology, its employees, its licensors, its partners, and contributors. While using these pages, you may not post, transmit, or otherwise distribute any material that may be unlawful, obscene, defamatory, threatening, infringing on any copyright or the rights of others, or damaging to the Site or the WebPsychology brand. You may not advertise or solicit on these pages without WebPsychology’s express permission. WebPsychology reserves the right to monitor any postings and remove any which it considers, in its sole discretion, to be offensive or otherwise in breach of these Terms.
Liability of WebPsychology and Its Partners
Use of the Site and any Content is solely at your own risk.
When using the Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of WebPsychology and its suppliers, licensors, contributors, and partners. Therefore, WebPsychology assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site.
The Site and the Content are provided on an "as is" and “as available” basis. WEBPSYCHOLOGY, ITS SUPPLIERS, LICENSORS, CONTRIBUTORS, AND PARTNERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, WebPsychology, and its suppliers, licensors, contributors, and partners make no representations or warranties about the following:
- The accuracy, reliability, completeness, currentness, correctness, or timeliness of the Content, software, text, graphics, videos, links, or communications provided on or through the use of the Site.
- The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Site.
In no event shall WebPsychology, its suppliers, licensors, contributors, and partners, or its employees, or any third parties mentioned on the Site be liable for any damages (including, without limitation, any punitive, incidental, special, indirect, exemplary or consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not WebPsychology, its suppliers, licensors, contributors, and partners, or its employees, or any third parties mentioned on the Site are advised of the possibility of such damages. WebPsychology’s liability for any actual damages actually incurred by you shall in no event exceed U.S. $500.00.
WebPsychology, its suppliers, licensors, contributors, and partners, or any third parties mentioned on the Site shall not be liable for any personal injury, including death, caused by your use or misuse of the Site, the Content, or any of the Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms.
You agree that you will not upload or transmit any communications or content of any type to the Public Areas (including without limitation discussion boards, blogs, Experts sections, the overall Community areas, etc.) that infringe, misappropriate or violate any rights of any party, or are obscene, unlawful, threatening, abusive, harassing, tortious, defamatory, libelous, invasive of another’s privacy, or otherwise inappropriate or objectionable. If you submit communications or content to the Public Areas, or if you submit any content, business information, idea, concept, or invention to WebPsychology by email or any other communication means, you agree such submission is non-confidential for all purposes.
If you make any submission to a Public Area or if you submit any content, business information, idea, concept or invention to WebPsychology by email or any other communication means, you automatically grant (and warrant that the owner of such content or intellectual property has expressly granted WebPsychology) a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to freely use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content, business information, idea, concept or invention in any media or medium, or any form, format, or forum now known or hereafter developed. WebPsychology may sublicense its rights through multiple tiers of sublicensees. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to WebPsychology.
User Submissions — Content, Image, Video, Audio Files
You agree to only post or upload Content and media (such as photos, videos or audio) to which you own all rights or that you have all rights to transmit and license and which do not violate, infringe or misappropriate the trademark, copyright, patent, trade secret, privacy or any other rights of any other person. This includes photos, images, or videos that will be displayed as part of your profile. Please note that typically photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner. You agree not to upload any Content or Media that is considered pornographic, contains nudity, or is misrepresentative of another individual.
To protect your privacy, you agree that you will not submit any media that contains any personally identifiable information (like name, phone number, email address or web site URL) of you or of anyone else, excluding uploading a small photo of yourself as part of your personal profile which such decision is at your sole option. For this purpose WebPsychology may provide avatars in the event you choose not to submit a photo of yourself in your personal profile. Uploading media like images or video of other people without their permission is strictly prohibited.
By uploading any media on the Site, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.
You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer, any computer software or the Site, including the websites that link to or from the Site.
By uploading any content, or media such as a photo or video, (a) you agree and grant that any contributions by you automatically become the property of WebPsychology without any obligation of WebPsychology to you; (b) you agree that you are not entitled to any compensation or reimbursement of any kind from WebPsychology under any circumstances; and (c) you understand that by such grant WebPsychology shall have the right to freely use such contribution(s) worldwide, license, copy, print, display, reproduce, modify, publish, post, transmit and distribute such content or media and any material included in the content or media without any further obligation to you. Furthermore, you certify that any person pictured in the submitted content or media (or, if a minor, his/her parent/legal guardian) authorizes WebPsychology to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the content or media and any material included in such content or media; and you agree to indemnify WebPsychology and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the submitted content or media and/or your failure to comply with these the Terms.
WebPsychology reserves the right to review all content and media prior to submission to the Site and to remove any media for any reason, at any time, without prior notice, at WebPsychology’s sole discretion.
Cancellation / Refund Policy
WebPsychology will refund your initial payment for Mayo Clinic Healthy Living Coaching as follows: 100% refund prior to the first call with a Mayo Clinic Healthy Living Coach. Once the first call has taken place there will be no refund. For any physical products purchased through WebPsychology, WebPsychology will refund 100% of the amount paid within the first 30 days. After the first 30 days WebPsychology will not refund any monies.
You may terminate your access to or use of the Site or any account with WebPsychology at any time by submitting such termination request to WebPsychology. You agree that WebPsychology may, without prior notice, immediately terminate, limit your access to or use of the Site or suspend your WebPsychology account. Cause for such termination, limitation of access or suspension may include without limitation: (a) breaches or violations of these Terms, or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to any WebPsychology services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with any WebPsychology services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in WebPsychology’s sole discretion and that WebPsychology shall not be liable to you or any third party for any termination of your account, or access to or use of the Site or any current or future WebPsychology services.
Termination of your WebPsychology account may include any or all of the following: (a) removal of access to all or part of the offerings within the Site, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the Site.
Modification to the Site, Content and Services
WebPsychology reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or any Content and services (or any part thereof) available on or through the Site with or without notice. You agree that WebPsychology shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, the Content and services (or any part thereof).
WebPsychology has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your WebPsychology password(s) or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your WebPsychology account and password; (3) promptly inform WebPsychologyof any need to deactivate a password. You grant WebPsychology and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. WebPsychology cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using WebPsychology tools, resources, and services.
WebPsychology Community and Member/Registrant to Member Areas
If you use a public area, such as discussion boards, blogs, expert, or other member/registrant communities (“Public Areas”), you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. WebPsychology and its suppliers, licensors, contributors, and partners are not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
In consideration of being allowed to use the Site and Public Areas, you agree that the following actions shall constitute a material breach of these Terms:
- Using a Public Area for any purpose in violation of local, state, national, or international laws;
- Posting any Content that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
- Posting or transmiting any personally identifiable information about persons under 13 years of age.
- Impersonating another person;
- Removing, circumventing, disabling, damaging or otherwise interfering with any security-related features that enforce limitations on the use of the Site or any Content or services made available through the Site;
- Attempt to gain unauthorized access to the Site or any Content or services made available through the Site, other accounts, computer systems or networks connected to the Site, through hacking password mining or any other means or interfere or attempt to interfere with the proper working of the Site or any services or any activities conducted through the Site or any services;
- Using any means to bypass or ignore robots.txt, or other measures used to restrict access or use of the Site or any Content or services made available through the Site;
- Distributing viruses or other harmful computer code;
- Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments;
- Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, bullying, or embarrassing to any other person or entity as determined by WebPsychology in its sole discretion;
- After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
- Posting chain letters or pyramid schemes;
- Allowing any other person or entity to use your identification for posting or viewing comments;
- Posting advertisements or solicitations of business;
- Posting the same note multiple times or "spamming"; or
- Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the sole judgment of WebPsychology exposes WebPsychology or any of its customers, members/registrants, suppliers, licensors, contributors, or partners to any liability or detriment of any type.
WebPsychology reserves all rights, but is not obligated, to do any or all of the following:
- Record the dialogue in Public Areas.
- Investigate an allegation that any Content or communications do or does not conform to these Terms and determine in WebPsychology’s sole discretion to remove or request the removal of the Content or communication(s).
- Remove Content or communications which are abusive, illegal, or disruptive, or that otherwise fail to conform to these Terms.
- Terminate a user's access to any or all Public Areas and/or the Site upon any breach of these Terms.
- Monitor, edit, or disclose any Content or communication in the Public Areas.
- Edit or delete any Content or communication(s) posted on the Site, regardless of whether such Content or communication(s) violate these standards.
WebPsychology (including without limitation its employees, or its suppliers, licensors, contributors, and partners) have no liability or responsibility to users / members / registrants of the Site, or to any other person or entity for performance or nonperformance of the aforementioned activities.
Advertisements, Searches, and Links to/from Other Sites
WebPsychology may provide links to third-party web sites. WebPsychology may also select certain sites as priority responses to search terms you enter, and WebPsychology may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. WebPsychology does not recommend and does not endorse the content on any third-party websites. WebPsychology is not responsible for the content of linked third-party sites, sites framed within the Site, third-party sites provided as search results, or any third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. WebPsychology does not endorse any product, service, or treatment advertised on the Site.
Information for Third Parties
You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Content or any third - party member/registrant content and/or any portion thereof. You may not create any derivative works by altering any aspect of the Content and/or third - party member/registrant content, or by using any of the foregoing in conjunction with any other third - party content. You may not use any automated means or form of scraping or data extraction from the Site to access, query or otherwise collect Content or other information from the Site. You may not exploit any aspect of the Site or any Content and/or third - party member/registrant content for any commercial purposes not expressly permitted by WebPsychology.
You agree that all of WebPsychology’s trademarks, trade names, service marks and other logos and brand features, and product and service names (the “WebPsychology Marks”) are trademarks and the property of WebPsychology. Without WebPsychology’s prior permission, you agree not to display or use in any manner the WebPsychology Marks.
WebPsychology is based in the state of Colorado, in the United States of America with principal offices in Centennial, CO. Given that the World Wide Web may be accessed globally, WebPsychology makes no claims that the Site and its Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, User Submissions – content, image, video, audio files, Indemnity, Jurisdiction, Severability, and Complete Agreement.
You expressly agree that exclusive jurisdiction for any dispute with WebPsychology, or in any way arising out of relating to your use of the Site, resides in the courts of the State of Colorado and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Colorado in connection with any such dispute including any claim involving WebPsychology or its officers, directors, employees, investors, partners, agents, suppliers, licensors, contributors, partners, contractors, suppliers, affiliates, subsidiaries, telecommunication providers, and content providers.
These Terms are governed by the internal substantive laws of the State of Colorado, without respect to its conflict of laws principles. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Notice and Takedown Procedures
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this Site by contacting WebPsychology by the general email address listed in the Contact us section (firstname.lastname@example.org). You must list in the Subject line: “Notice: Copyright Agent for Takedown” and provide the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL location, or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and e-mail address are all required information.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
WebPsychology has a policy to terminate any member/registrant or Professional (a medical or mental health professional member) of the Site community who, in appropriate circumstances, are repeat infringers.
We hope you find the information contained within the Site helpful for you. Any issues you encounter with the Site including any non-functioning links, comments, or questions regarding this Site, should be submitted to: email@example.com
SPECIAL NOTE: CHILDREN’S PRIVACY
This Site contains information about the psychological mental and emotional states of children. Given this, we are committed to protecting the privacy of children. It is important for you to note that this Site is not intended or designed to attract children under the age of 13. The information within the Site regarding children is provided for informational purposes only and intended to be used by individuals ages 13 and older, including parents, grandparents, guardians, and caregivers.