TERMS OF USE
This is a legal agreement between you (sometimes "you" or the "Customer") and WebPsych, Inc. d/b/a www.mywebpsych.com and WebPsych ("WebPsych") and states the terms that govern your use of the www.mywebpsych.com website (the "Website") and any services or information provided to you by WebPsych. By using the Website, and/or by receiving services or information provided by WebPsych, you agree to comply with and be bound by these Terms of Use (this "Agreement"). This Agreement is subject to changes, updates and additional terms, rules and polices, which are effective upon posting on the Website. You agree to be bound to any changes to this Agreement when you use the Website or receive any services or information from WebPsych after the changes are posted. IF YOU OBJECT TO ANY TERMS OF THIS AGREEMENT OR ANYTHING IN THE WEBSITE, DO NOT USE THE WEBSITE. DO NOT RECEIVE OR ACCEPT ANY SERVICES OR INFORMATION FROM WEBPSYCH.
WebPsych's Services
WebPsych is an online resource to obtain advice on common life issues. Services offered through the Website are limited to providing a single email response containing advice to the average adult, on issues such as handling stress, marital problems, employment matters, family disputes and the like (the "Services"). Only adult Customers 18 years or older may obtain the Services. A Customer seeking advice can submit an online description of his or her issue and purchase the Services offered through the Website. The Services will be provided by an Advice Consultant.
THE ADVICE CONSULTANT IS NOT A LICENSED PSYCHOLOGIST, MENTAL HEALTH COUNSELOR, SOCIAL WORKER, MARRIAGE OR FAMILY THERAPIST, OR DOCTOR.
WEBPSYCH'S SERVICES DO NOT INCLUDE EVALUATION, ASSESSMENT, DIAGNOSIS, TREATMENT OR PREVENTION OF ANY EMOTIONAL OR MENTAL DISORDERS OR BEHAVIORS.
IF YOU HAVE AN EMERGENCY YOU SHOULD CALL 911 OR CONTACT A LICENSED MENTAL HEALTH PROFESSIONAL.
If you are an adult over the age of 18 and wish to use the Website and to receive any Services or information from WebPsych, which includes, without limitation, you providing personal and private information for the purposes of engaging WebPsych to provide Services to you, please read this Agreement and indicate your acceptance by clicking "AGREE" where indicated in the box below. IF YOU DO NOT AGREE TO THE TERMS IN THIS AGREEMENT, DO NOT CLICK "AGREE," AND DO NOT USE THE WESBITE. DO NOT RECEIVE OR ACCEPT ANY SERVICES OR INFORMATION FROM WEBPSYCH. WebPsych may refuse you access to the Website if you fail and/or refuse to comply with any part of this Agreement. If this Agreement between you and WebPsych terminates, the provisions of this Agreement intended to survive termination still will remain in effect. In the event that this Agreement is inconsistent with a subsequent Agreement entered into between you and WebPsych, the terms of the subsequent Agreement shall control.
Eligibility and Security
Your use of the Website is void where prohibited. WEBPSYCH SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION YOU SUBMIT IN CONNECTION WITH THE WEBSITE, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE AND EXCLUSIVE RISK, AND WEBPSYCH DOES NOT HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE RELATING TO DISCLOSURE OF SUCH INFORMATION.
Prohibited Use
You may not use the Website in connection with any commercial activity or for financial gain unless WebPsych has given its written consent to such use. Any use of the Website to collect visitor's email addresses, by electronic or other means, for the purpose of sending unsolicited commercial email, spam or computer viruses is an illegal and unauthorized use of the Website. WebPsych shall undertake legal action for any illegal and/or unauthorized use of the Website.
Customer Acknowledgement
The Customer hereby acknowledges and agrees that:
- WebPsych's Advice Consultants have some education, training and experience in the evaluation, assessment, diagnosis, treatment and prevention of emotional and mental disorders and behaviors. However, the Advice Consultants are not licensed psychologists, mental health counselors, social workers, marriage or family therapists, or doctors.
- WebPsych's Services do not include evaluation, assessment, diagnosis, treatment or prevention of any emotional or mental disorders or behaviors. WebPsych's Services are for entertainment purposes only.
- The Services provided by WebPsych are limited to providing one email response to a question or issue posed by a Customer who has paid in advance for the Services.
- The links provided on this Website are for informational purposes only. WebPsych does not warrant the accuracy, completeness or quality of any information contained on websites owned or maintained by third parties.
Customer's Responsibilities, Representations and Warranties
- The Customer shall not request from WebPsych any evaluation, assessment, diagnosis, treatment or prevention of any emotional or mental disorders or behaviors.
- In the event of any emergency, the Customer shall dial 911 or contact a licensed mental health professional. Licensed mental health professionals are listed in most telephone directories under ________________.
- The Customer shall not provide any confidential or private information to WebPsych. The Customer fully assumes the risk of disclosure of any confidential or private information provided to WebPsych.
- The Customer shall pay for the Services in advance.
WebPsych's Rights
WebPsych reserves the right to remove, block and/or delete your information from its database without warning if you violate this Agreement. WebPsych reserves the right to take any action that WebPsych deems in its sole and absolute discretion reasonably necessary or appropriate to enforce and/or verify your compliance with any part of this Agreement and to cooperate with any legal process relating to your use of the Website, and/or to investigate a third party claim that your use of the Website is unlawful and/or infringes such third party's rights. You agree that WebPsych has the right, without liability to you, to disclose any information you provide to any third party, as WebPsych deems, in its sole and absolute discretion, reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement, to cooperate with any legal process relating to your use of the Website, and/or to investigate a third party's claim that your use of the Website is unlawful and/or infringes such third party's rights. WebPsych reserves the right to reject and refuse to accept any information you provide, and to delete, remove or edit any information you provide any time, for any reason, in WebPsych's sole and absolute discretion and without prior notice or liability. WebPsych reserves the right, in its sole and absolute discretion, to restrict, suspend, or terminate your access to all or any part of the Website at any time, for any or no reason, with or without prior notice, and without liability. You agree that WebPsych may store and use the information you provide (including PayPal account information) for its own use in maintaining your account and billing fees to your PayPal account.
WebPsych's Content
WebPsych owns and retains all proprietary rights in the Website, which contains copyrighted text, information, video recordings, audio recordings, works of authorship and images created by or on behalf of WebPsych, trademarks, and other proprietary information and intellectual property of WebPsych and its licensors ("WebPsych Content"). Except for that WebPsych Content which is in the public domain, for which WebPsych or its licensors have given you express written permission, you may not license, transfer, copy, modify, publish, transmit, distribute, display, or sell any such WebPsych Content.
Authorization, License and Release
You unconditionally authorize and grant WebPsych the non-exclusive authority, right and license to publish, distribute, display and commercially use your initials and information you submit to the Website, in any media, whether print, audio, video, radio, television, film or internet, in and on the Website, and to promote, advertise or publicize the Website. You forever release, on behalf of yourself, your heirs and your personal representatives, WebPsych and its shareholders, officers, directors, agents, representatives, employees, assigns, affiliates, successors and any person or entity in privity therewith, of and from any and all claims, lawsuits, damages and actions that you could assert in the future arising from or relating to this Authorization, License and Release including, without limitation, claims for royalties, trademark/copyright infringement, defamation, libel, slander, emotional distress, false light, invasion of right to privacy, infringement on the right to publicity, attorney's fees, compensatory damages and punitive damages.
Copyright Policy
You may not post, publish, distribute, display or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a written statement signed by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. WebPsych's Copyright Agent for notice of claims of copyright infringement can be reached as follows:
copyright@mywebpsych.com or Copyright Agent,
WebPsych, Inc., 12864 Biscayne Blvd., Suite 147, North Miami, FL 33181.
Privacy Policy
Use of the Website also is governed by WebPsych's Privacy Policy.
Computer System Integrity
WebPsych does not represent, warrant, guarantee or promise that the Website will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and WebPsych disclaims any liability relating thereto. You are responsible for backing up your own computer system. WebPsych is not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, change of email address, theft or destruction or unauthorized access to, or alteration of, any WebPsych Content or email message. WebPsych is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or account information due to technical problems, change of email address, or traffic congestion on the Internet or on the Website or combination thereof, including any injury or damage to you or to your computer related to or resulting from, in whole or in part, any use of the Website.
Electronic Signatures and Payment
Your use of the Website includes the ability to enter into agreements and/or to make purchases electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and purchases. You agree to pay for any and all services you purchase through the Website, and that WebPsych may charge your PayPal account for any services you purchase, and for any additional amounts (including any taxes and late fees, as applicable) as may be incurred by or in connection with your account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING WEBPSYCH WITH VALID PAYPAL ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to the PayPal account you designate. If there is a change in your PayPal account or status, you must change your PayPal account information contained in your account. WebPsych may disable or terminate your account until it verifies the validity of the new PayPal account information. Fees and availability of any service are subject to change at any time.
Legal Compliance
The Website is controlled and operated by WebPsych from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Website.
DISCLAIMERS
WEBPSYCH DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT WEBPSYCH MAY DISABLE THE WEBSITE INDEFINITELY OR PERMANENTLY WITHOUT NOTICE TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, AND ANY PRODUCTS AND/OR SERVICES PROVIDED THROUGH THE WEBSITE ARE PROVIDED "AS IS" AND "WHEN AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND EXCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WEBPSYCH DOES NOT GUARANTEE, REPRESENT, OR WARRANT THE QUALITY, MERCHANTABILITY, FITNESS, APPROPRIATENESS, SAFETY OR NECESSITY OF THE INFORMATION ON THIS WEBSITE OR OF THE SERVICES YOU MAY REQUEST. YOU EXPRESSLY AGREE THAT THE INFORMATION PROVIDED ON THIS WEBSITE AND THE SERVICES, OR WEBPSYCH'S INABILITY TO PROVIDE THE SERVICES, IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED "AS IS" AND "WHEN AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND EXCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
Limitation of Liability
In no event shall WebPsych, its shareholders, directors, officers, employees, representatives, affiliates, agents, contractors, licensors, successors or assigns be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of the Website or for any other claim related in any way to your use of the Website, even if WebPsych knows of the possibility of such loss or damage. In no event shall WebPsych, its shareholders, directors, officers, employees, representatives, affiliates, agents, contractors, licensors, successors or assigns be liable for any direct, indirect, incidental, punitive, special, or consequential damages, including, without limitation, personal injury, wrongful death, disability, pain and suffering, lost wages, lost profits or revenues, arising from your use or receipt of the Website or the Services or any services provided by a third party in relation thereto, even if WebPsych knows of the possibility of such loss or damage. In no event shall WebPsych's liability to you exceed the total price you pay to WebPsych for the Services causing the claimed loss or damage. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, WebPsych's liability shall be limited to the extent permitted by law. Your obligations under this paragraph shall survive the termination or cancellation of this Agreement.
Release And Indemnity
By using the Website, you and on behalf of your spouse, domestic partner, heirs, executors, personal representatives, successors and assigns, agree to release WebPsych, its shareholders, directors, officers, employees, representatives, affiliates, agents, contractors, licensors, successors, assigns and any person and entity in privity therewith from and against any and all claims for costs, expenses, negligence, personal injuries, malpractice, wrongful death, property damage, lost wages, lost income, attorney's fees, compensatory damages, consequential damages and punitive damages, arising out of arising from or relating to, whether directly or indirectly, in whole or in part, your breach of this Agreement, your use of the Website, any act or omission by WebPsych with respect to the Services or by any person or entity providing services to you in referral from WebPsych. The Customer's obligations under this paragraph shall survive the termination or cancellation of this Agreement. You and on behalf of your spouse, domestic partner, heirs, executors, personal representatives, successors and assigns, agree to indemnify, defend and hold harmless WebPsych, its shareholders, directors, officers, employees, representatives, affiliates, agents, contractors, licensors, successors, assigns and any person and entity in privity therewith from and against any loss, liability, claim, or demand, including reasonable attorneys' fees, made, alleged or asserted by any third party due to, arising from or relating to, whether directly or indirectly, in whole or in part, your use of the Website, whether in violation of this Agreement or otherwise, any act or omission by the Customer or the Customer's breach of this Agreement. The Customer's obligations under this paragraph shall survive the termination or cancellation of this Agreement.
Notices
WebPsych may send you a notice by sending an email message to the email address listed in your registration or contact information or by sending a letter via United States postal mail to the contact address listed in your registration or contact information. Notices shall become effective immediately.
Governing Law, Venue, Jurisdiction and Mandatory Arbitration
The laws of the State of Florida, excluding its conflicts of law rules, govern this Agreement and your use of the Website. Your use of the Website may also be subject to other local, state, national, or international laws. You agree to submit any claim or demand to exclusive, mandatory and binding arbitration in the office of the American Arbitration Association located in Miami, Florida and to use the Commercial Arbitration Rules. In the event that this mandatory arbitration provision fails for any reason, you expressly agree that exclusive jurisdiction and venue for any claim or dispute with WebPsych or relating in any way to your use of the Website resides in the courts located in Miami-Dade County, Florida. You agree to submit to the personal jurisdiction of the arbitrators and courts of Miami-Dade County, Florida.
Miscellaneous
This Agreement constitutes the entire agreement between you and WebPsych and governs your use of the Website, superseding any prior agreements between you and WebPsych. WebPsych's failure to enforce any right or provisions in this Agreement shall not constitute a waiver of such provision, or any other provision of this Agreement. If any provision of this Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect.