Terms of Use
PLEASE READ THESE TERMS AND CONDITIONS BEFORE ACCESSING OUR BLOG
This
page states the “Terms of Use” under which you may use this website,
which is an interactive on-line service operated by Sussex Publishers,
LLC., consisting of information services and content provided by us and
other third parties. These Terms of Use include the Site Privacy Policy
and form a binding agreement between you and Sussex Publishers, LLC..
Your access to or use of the Site indicates your acceptance of these
Terms of Use.
1) Acceptable Use. This
Site is intended to provide users with general information. We do not
recommend or endorse any specific professionals, tests, products,
procedures, opinions, or other information that may be mentioned on the
Site. Reliance on any information provided by us, our employees, others
appearing on Site at our invitation or other visitors to the Site is
solely at your own risk. Your use of the Site is a privilege.
2) Rules of Conduct. We
are the sole interpreter of the Site rules of conduct described in
these Terms of Use. Users who violate these rules may have their access
and use of the Site suspended or terminated at our discretion. We may at
any time take any action with regard to user materials that we deem in
our sole discretion to be necessary or appropriate.
a)Â Posting Rules.
i)Â Materials
you post to the Site may not contain: (1) URLs or links to web sites
that compete with the Site; (2) copyrighted material (unless you own the
copyright or have the owner’s permission to post the copyrighted
material); (3) trade secrets (unless you own them or have the owner’s
permission to post them); (4) material that infringes on or
misappropriates any other intellectual property rights, or violates the
privacy or publicity rights of others; (5) anything that is sexually
explicit, obscene, libelous, defamatory, threatening, harassing,
abusive, or hateful; or (6) anything that is embarrassing or offensive
to another person, group or entity.
ii)
You may not use your Materials to: (1) impersonate another person,
living or dead; (2) post false, inaccurate or misleading information;
(3) except as provided in your directories of you own services, post
advertisements or solicitations of business (including, but not limited
to, franchises, “club memberships,” distributorships, or anything
requiring a monetary investment, including a request for payment to
obtain job listings); (4) post chain letters or pyramid schemes; or (5)
post opinions or notices, commercial or otherwise.
iii)
Materials that encourage our users to “email for more details” are not
permitted. Materials from any third party charging a fee are not
permitted.
iv)
We are under no obligation to monitor the materials posted on the Site
by users, but we may monitor materials at random. Any materials we find
in our discretion to violate these Terms of Use may be removed. If we
are notified by a user that any user materials on the Site violate these
rules, we may investigate and determine in good faith whether we agree
with such allegation, in which case we may remove or request the removal
of user materials. We are not required to make any such investigation
or to remove any user materials, and we will not be liable to any user
for taking or not taking such actions.
b)Â Conduct Rules:
i)Â You
may not respond to postings by other users in any manner or for any
purpose other than that which is expected. Responses soliciting business
are prohibited.
ii) You may not send (or encourage or help others to send) unsolicited commercial email to our users.
iii) Report inappropriate postings or conduct to abuse@psychologytoday.com.
iv) You may not delete or revise any material posted by any other person or entity.
v)
Any conduct by a user that in our sole discretion restricts or inhibits
any other user from using or enjoying the Site is prohibited.
vi)
We are under no obligation to monitor the conduct of our users, but we
may investigate and respond when violations are reported.
c)Â Security Rules:
i)Â Users
are prohibited from violating or attempting to violate the security of
the Site, including, without limitation: (1) accessing data not intended
for such user or logging into a server or account which the user is not
authorized to access; (2) attempting to probe, scan or test the
vulnerability of a system or network or to breach security or
authentication measures without proper authorization; (3) attempting to
interfere with service to any user, host or network, including, without
limitation, via means of submitting a virus to the Site, overloading,
“flooding”, “mailbombing” or “crashing”; (4) sending unsolicited e-mail,
including promotions and/or advertising of products or services; (5)
forging any TCP/IP packet header or any part of the header information
in any e-mail or newsgroup posting.
ii)
Violation of these Security Rules may result in civil or criminal
liability. We will investigate occurrences which may involve such
violations and may involve, and cooperate with, law enforcement
authorities in prosecuting users who are involved in such violations.
d)Â Registration Rules.
i)Â To
post certain material to the Site, such as blogposts and professional
profiles in the directory, you will be required to register. We will
request information from you, including your name and email, for your
registration. You must provide us with true and accurate registration
information. We will not share your registration information with third
parties, except as necessary to provide you with services you request or
with your permission as provided in the Site Privacy Policy.
ii)
We will assign a user name and password to you. You may not share your
account, user name or password with anyone else, and you will be
responsible for the actions of anyone who obtains your user name and/or
password and uses them to access the Site. You must notify us
immediately of any unauthorized use of your user name and password.
iii)
If at any time during the term of this agreement we come to the
understanding that you: (1) misled us as to your business practices
and/or services, or (2) purchased services that do not describe your
precise business, we reserve the right to terminate your account. We may
terminate your account and/or your access to the Site at any time if we
deem in our sole discretion such to be necessary or appropriate.
3)Â Rights Reserved.
a)Â We
hereby grant you a limited, terminable, non-exclusive right to access
and use the Site only for your personal use. This authorizes you to view
and download a single copy of the material on the Site solely for your
personal, noncommercial use. You must include the following notice in
any downloaded materials: “Copyright Sussex Publishers, LLC. Except as
otherwise expressly permitted under copyright law, no copying,
redistribution, retransmission, publication or commercial exploitation
of downloaded material will be permitted without the express written
permission of Sussex Publishers, LLC.â€
b)Â Except
as expressly stated in these Terms of Use, we reserve all rights to all
materials on the Site, including, without limitation, written content,
graphical and design elements (including the Site’s “look and
feelâ€), and service marks and trademarks. By submitting material to
any area of the Site, you automatically grant, or warrant that the owner
of such material has expressly granted, to us the royalty-free,
perpetual, irrevocable, non-exclusive right and license to use,
reproduce, modify, adapt, publish, translate and distribute such
material (in whole or in part) worldwide and/or to incorporate it in
other works in any form, media or technology now known or hereafter
developed for the full term of any copyright that may exist in such
material. You may not sell, transfer or assign any products or services
or your rights to any products or services provided by us to any third
party without our express written authorization. You may not copy,
modify, alter, or excerpt (or encourage or help others to copy, modify,
alter, or excerpt) the Site materials. You may not use (or encourage or
help others to use) the Site for any purpose or in any manner that is
prohibited by these Terms of Use or by applicable law. You acknowledge
and agree that these Terms of Use in no way convey any right, title or
interest to you in any materials on the Site, including, without
limitation, any statutory or common law copyright, patent or other
intellectual property right in such materials.
4)Â Disclaimer.
a)Â We
make no representations or warranties whatsoever regarding the Site and
any materials on the Site. Â NOTWITHSTANDING ANYTHING TO THE CONTRARY
IN THESE TERMS OF SERVICE OR ELSEWHERE, THE SITE IS PROVIDED ON AN “AS
IS†BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY
IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED
WARRANTY OF NON-INFRINGEMENT AND ANY IMPLIED WARRANTY OF
MERCHANTABILITY. WE MAKE NO WARRANTY ABOUT THE ACCURACY, RELIABILITY,
COMPLETENESS OR TIMELINESS OF THE SITE. WE MAKE NO WARRANTY THAT THE
SITE’S SERVICE WILL BE UNINTERRUPTED, THE SITE’S FUNCTIONS SHALL BE
ERROR-FREE OR, THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
b)Â The
Site is not intended to be a substitute for professional advice. Under
no circumstances will we be liable for any loss or damage caused by your
reliance on information obtained through the Site. It is your
responsibility to evaluate the accuracy, completeness or usefulness of
any information, opinion, advice or other content available through the
Site. Please seek the advice of professionals, as appropriate, regarding
the evaluation of any specific information, opinion, advice or other
content. Never disregard professional advice, including medical advice,
or delay in seeking it, because of something you have read on this Site.
c)Â You
are solely responsible for the content of any posting you make to the
Site and any consequences arising from such posting. We assume no
responsibility for materials posted by our users or any other actions,
conduct or omissions of our users. We act as a service provider for
users to distribute and publish their materials. We do not undertake
responsibility for screening or monitoring our users’ materials.
d)Â Our
bloggers who post articles to our Site are not employed by us or Sussex
Publishers, LLC. Â Each blogger is solely responsible for the content
of his or her articles. We do not undertake responsibility for screening
or monitoring our bloggers’ materials. The opinions expressed by the
bloggers are their own and are not our opinions or endorsed by us.
e)Â Further,
we explicitly disclaim any responsibility for the accuracy, content or
availability of information found on a site that links to or from the
Site (a “third-party site”). We may offer links to, or incorporate into
the Site, third-party sites that offer various products and/or services.
We cannot ensure that users will be satisfied with any products or
services that are purchased from such a third-party site, since such
sites are owned and operated by others. We do not endorse any of such
products or services, nor have we taken any steps to confirm the
accuracy or reliability of any of the information contained in any third
party sites. We do not make any representations or warranties as to the
security of any information (including credit card and other personal
information) users might be requested to give a third-party site. We
strongly encourage users to make their own investigation of third-party
sites before proceeding with any transaction with such third parties.
f)Â We
do not endorse, and nothing on the Site shall be deemed to be an
endorsement, representation or warranty of, any third party (including
our directory members, users and bloggers), whether in relation to such
third party’s products, services, websites, experience or background
or otherwise. We do not make any representations or warranties with
regard to any materials posted by our users, directory members or
bloggers. The information in our directories is provided exclusively by
participating professionals. When you see the “Verified By†seal, it
means we have made good faith, reasonable efforts to verify the
following and have found no contrary information:
i)Â The name and contact details provided by the professional.
ii)Â That the professional’s license, if applicable, is valid within the state in which he or she practices.
iii)Â That the professional is not subject to any license strictures preventing practice.
We
verify the information at the time a professional is initially listed
in our directory and then upon expiration of the professional’s
credentials.
g)
Some of the material on this Site may be provided by Sussex Publishers,
LLC, the publisher of Psychology Today. You accept that Sussex
Publishers LLC disclaims all warranties and limits all liability arising
in connection with this Site to the same extent and in the same manner
as we do in these Terms of Use. You expressly agree that Sussex
Publishers, LLC. may rely on your acceptance of such disclaimers and
limits.
h)
Your use of the Site, the Internet, any materials you post or access
via our Site and your conduct online or offline are at your own risk.
5) Indemnification. You
shall indemnify and defend us, and our officers, employees, consultants
and trainers against any costs, expenses (including reasonable
attorneys’ fees whether arising out of a third-party claim or in
enforcing this indemnification), claims, judgments, settlements and
damages (including all damages awarded to third parties payable by us,
but in all cases only our direct damages) arising out of, or related to,
your use of the Site, any materials posted to the Site or provided to
other users by you or any violation of these Terms of Use.
6)Â Limits of Liability.
A)
NEITHER WE, NOR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS,
WILL BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT,
CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES (“NON-DIRECT DAMAGESâ€),
OF ANY CHARACTER, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE,
ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
B)
THE LIABILITY OF US AND ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES OR
AGENTS TO YOU OR TO ANY OTHER PERSON FOR DIRECT DAMAGES SHALL BE LIMITED
TO THE GREATER OF US$100 OR THE FEES PAID BY YOU FOR OUR SERVICES
DURING THE 12 MONTHS PRECEDING THE EVENTS THAT GIVE RISE TO YOUR FIRST
CLAIM AGAINST US FOR DAMAGES.
C)
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR NON-DIRECT DAMAGES, THE LIMITATIONS IN
PARAGRAPH (A) ABOVE MAY NOT APPLY TO YOU, BUT IN SUCH CASE, THE
LIMITATIONS IN PARAGRAPH (B) SHALL APPLY TO BOTH DIRECT AND NON-DIRECT
DAMAGES.
7) Copyrights and Copyright Agent. We
have filed a notification of claims of infringement with the U.S.
Copyright Office, pursuant to Section 512(c) of the Copyright Act.
We
respect the rights of all copyright holders. If you believe that your
work has been copied in a way that constitutes copyright infringement,
please provide our Copyright Agent the following information required by
the Online Copyright Infringement Liability Limitation Act of the
Digital Millennium Copyright Act, 17 U.S.C. §512.
a)Â A
physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed.
b)
Identification of the copyright work claimed to have been infringed,
or, if multiple copyrighted works at a single online site are covered by
a single notification, a representative list of such works at that
site.
c)
Identification of the material that is claimed to be infringing or to
be the subject of infringing activity and that is to be removed or
access to which is to be disabled, and information reasonably sufficient
to permit us to locate the material.
d) Information reasonably sufficient to permit us to contact the complaining party.
e)
A statement that the complaining party has a good-faith belief that use
of the material in the manner complained of is not authorized by the
copyright owner, its agent, or the law.
f)
A statement that the information in the notification is accurate, and
under penalty of perjury, that the complaining party is authorized to
act on behalf of the owner of an exclusive right that is allegedly
infringed.
Our Copyright Agent for notice of claims of copyright infringement on or regarding this site can be reached as follows:
DUNMININU JANET
C/O MATRON AKINTAYO
C/O MATRON AKINTAYO
P.M.B 2023
State Hospital
Ijebu Ode
OGUN STATE
NIGERIA
+2348050321584
Please
note that DUNMININU JANET can handle reprint requests: inquiries for
the licensing of articles or reprint permission should be made to him
8) Governing Law and Jurisdiction/Waiver of Jury Trial. These
Terms of Use and any claim or dispute arising out of, relating to or in
connection with these Terms of Use or the transactions contemplated
hereby, whether in contract, tort or otherwise, shall be governed by and
construed in accordance with the laws of the State of New York without
giving effect to its conflicts of law principles. Â Each party
irrevocably consents and agrees that any legal action, suit or
proceeding against either of them arising out of, relating to or in
connection with the transaction contemplated hereby or disputes relating
hereto may be brought only in United States District Court for the
Southern District of New York, or if such court does not have
jurisdiction, in the courts of the State of New York located in New York
County and hereby irrevocably accepts and submits to the exclusive
jurisdiction of the aforesaid courts in personam, with respect to
any such action, suit or proceeding. EACH PARTY WAIVES TO THE FULLEST
EXTENT PERMITTED BY LAW ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT
OR PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR
REMEDIES ARISING UNDER, RELATING TO OR IN CONNECTION WITH THESE TERMS OF
USE.
9) Notices. You
shall send notices to us by mail or by email to our contact information
listed below and addressed to the attention of LEGAL. Notices to you
will be sent by mail or by email to the addresses you provide when
registering. Notices shall be deemed given on the day actually received
by recipient, if received as provided in this paragraph before 5pm on a
business day in the recipient’s location. Notices received after 5pm
or on a non-business day shall be deemed received on the next business
day.
10) Amendment. We
may change these Terms of Use, including the Site Privacy Policy, at
any time. We will post notification of changes on the Site and e-mail
them to registered users. Your continued use of the Site after the
posting on the Site of any changes (whether or not you have also
received notice by email) indicates your acceptance of such changes.
11) General. We
and you are independent contractors of each other. Neither party shall
be deemed in default for failure to comply with any provision hereof, if
such failure results from acts or events beyond its reasonable control,
other than payment of money. If any provision of these Terms of Use is
found to be invalid, illegal or unenforceable, the validity, legality
and enforceability of the remaining provisions shall not in any way be
affected or impaired thereby. No waiver of any provision of these Terms
of Use shall be deemed a further or continuing waiver of such provision
or any other provision. All provisions of these Terms of Use, except
provisions that grant you access to or use of the Site, shall survive
the termination of the agreement between us and you. These Terms of Use
shall be binding upon the parties, their legal representatives,
successors and permitted assigns, but may not be assigned by you. Except
as may be expressly stated in any other written agreement signed by you
and us, these Terms of Use, including the Site Privacy Policy (as
amended from time to time by us as provided in these Terms of Use)
contain the entire understanding between you and us and supersede any
prior agreement between you and us, whether written or oral.
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