Terms of Use
Agreement
Updated 09/01/2012
Welcome to MyTraumaRecovery
web site (the Site).
If you think
you may have a medical or psychological emergency, call your doctor or 911
immediately.
By clicking “I accept”, you are agreeing to
comply with and be bound by the following terms of use. If you do not agree to
these terms, you should not use the Site. Never
disregard professional advice or delay in seeking it because of something you
have read on the Site!
1. No
Psychotherapy or Client-Patient Relationship. Information contained on or made available through the Site, including
through direct contact with our employees is for informational purposes
only. The information is not intended to
and does not constitute therapy, or counseling under any circumstance and no
client-patient relationship is formed. We do not warrant or guarantee the effectiveness, usefulness,
accurateness, completeness, adequacy or currency of the information contained
in or linked to the Site. Your use of
information on the Site or materials linked to the Site is entirely at your own
risk. We are not a medical,
psychological or therapeutic practice. The information is not intended to be a substitute for professional
medical or psychological advice, diagnosis or treatment. Always seek the advice of a physician or
licensed psychologist or other qualified health provider with any questions you
may have regarding a medical or psychological condition.
2. Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms of Use (Agreement)
with respect to the Site. This Agreement
constitutes the entire and only agreement between us and you, and supersedes
all prior or contemporaneous agreements, representations, warranties and
understandings with respect to the Site, the content, products or services
provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by
us from time to time without specific notice to you. The latest Agreement will be posted on the
Site, and you should review this Agreement prior to using the Site.
2. Copyright. The content, organization, graphics, design, compilation, magnetic
translation, digital conversion and other matters related to the Site are
protected under applicable copyrights, trademarks and other proprietary
(including but not limited to intellectual property) rights. The copying, redistribution, use or
publication by you of any such matters or any part of the Site, except as
allowed by Section 4 below, is strictly prohibited. You do not acquire ownership rights to any
content, document or other materials viewed through the Site. The posting of information or materials on
the Site does not constitute a waiver of any right in such information and
materials. Some of the content on the
site is the copyrighted work of third parties.
3. Marks. MyTraumaRecovery and other marks are our
service marks or registered service marks or trademarks. Other product and company names mentioned on
the Site may be trademarks of their respective owners.
4. Limited License; Permitted Uses. You are granted a non-exclusive, non-transferable, revocable license (a)
to access and use the Site strictly in accordance with this Agreement;
(b) to use the Site solely for internal, personal, non-commercial
purposes; and (c) to print out discrete information from the Site solely
for internal, personal, non-commercial purposes and provided that you maintain
all copyright notices and other policies contained therein.
5. Restrictions and Prohibitions on Use. Your license for access and use of the Site and any information,
materials or documents (collectively defined as Content and Materials)
therein for personal use only and any commercial, infringing or illegal use is
not permitted. You may not copy, print
(except for the express limited purpose permitted by Section 4 above),
republish, display, distribute, transmit, sell, rent, lease, loan or otherwise
make available in any form or by any means all or any portion of the Site or
any Content and Materials retrieved from it.
6. Uptime, Errors, Corrections and
Changes. We do not guarantee
that the Site will always be available or available for any certain amount of
time. We reserve the right to take down
the Site at any time for any reason. We do not
represent or warrant that the Site or the medium used to transmit the Site will
be error-free, free of viruses or other harmful components, or that defects
will be corrected. We do not represent
or warrant that the information available on or through the Site will be
correct, accurate, timely or otherwise reliable. We may make changes to the features,
functionality or content of the Site at any time. We reserve the right in our sole discretion
to edit or delete any documents, information or other content appearing on the
Site.
7. Third Party Content. Third party content may appear on the Site or may be accessible via
links from the Site. We are not
responsible for and assume no liability for any mistakes, misstatements,
omissions, opinions, representations or any other form of third party content
on the Site. This content is provided as
is without warranty of any kind.
8. Unlawful Activity. We reserve the
right to investigate complaints or reported violations of this Agreement and to
take any action we deem appropriate, including but not limited to reporting any
suspected unlawful activity to law enforcement officials, regulators, or other third
parties and disclosing any information necessary or appropriate to such persons
or entities relating to your profile, email addresses, usage history, posted
materials, IP addresses and traffic information.
9. Indemnification. You agree to indemnify, defend and hold us and our partners, agents,
officers, directors, employees, subcontractors, successors, assigns, third
party suppliers of information and documents, advertisers, product and service
providers, and affiliates (collectively, Affiliated Parties) harmless
from any liability, loss, claim and expense related to your violation of this
Agreement or use of the Site.
10. Nontransferable. Your right to
use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is
not transferable or assignable. You are
responsible for taking all reasonable steps to ensure that no unauthorized person
shall have access to your password or account information.
11. Disclaimer. THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE
PROVIDED AS-IS, AS AVAILABLE, WITH ALL FAULTS, AND ALL
WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO
THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE). IN PARTICULAR, BUT
NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR
ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES
FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED
ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE NEGATION AND LIMITATION OF
DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN
BETWEEN US AND YOU. THIS SITE AND THE
PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED
WITHOUT SUCH LIMITATIONS. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE
OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT
EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY
DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A
FORM OR DOCUMENT OR OTHER MEDIA IS DISCLAIMED.
12. Limitation
of Liability. We and any Affiliated Party shall not
be liable for any loss, injury, claim, liability, or damage of any kind
resulting in any way from (1) any errors in or omissions from the Site or
any services or products obtainable therefrom, (2) the unavailability or
interruption of the Site or any features thereof, (3) your use of the
Site, (4) the content contained on the Site, or (5) any delay or
failure in performance beyond the control of us or an Affiliated Party. THE
AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY
CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION,
DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT
AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND
ANY AFFILIATED PARTY.
13. Privacy Policy. Our Privacy Policy, as it may change from time to time, is a part of this Agreement. To the extent there is an inconsistency
between this Agreement and the Privacy Policy, this Agreement shall govern.
14. Links to other Web Sites. The Site may contain links to other Web sites. We are not responsible for the content,
accuracy or opinions express in such Web sites, and such Web sites are not
investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site
does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access
these third-party sites, you do so at your own risk.
15. Copyrights and Copyright Agents.
We respect the intellectual property of others, and we ask you to do the
same. If you believe that your work has
been copied in a way that constitutes copyright infringement, please provide
our Copyright Agent 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 Site;
· Your address, telephone number, and email
address;
· A 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; and
· A statement 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.
Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached by directing an e-mail to the Copyright Agent at uccsresearch@gmail.com
16. Miscellaneous. This Agreement shall be treated as though it were executed and performed
in Colorado Springs, Colorado, and shall be governed by and construed in
accordance with the laws of the State of Colorado (without regard to conflict
of law principles). Any cause of action
by you with respect to the Site (and/or any information, Content and Materials,
products or services related thereto) must be instituted within one (1) year
after the cause of action arose or be forever waived and barred. All actions shall be subject to the
limitations set forth above. The
language in this Agreement shall be interpreted as to its fair meaning and not
strictly for or against any party. Any
rule of construction to the effect that ambiguities are to be resolved against
the drafting party shall not apply in interpreting this Agreement. This Agreement and all incorporated
agreements and your information may be automatically assigned by us in our sole
discretion to a third party in the event of an acquisition, sale or
merger. If any provision of this
agreement is held illegal, invalid or unenforceable for any reason, that
provision shall be enforced to the maximum extent permissible, and the other
provisions of this Agreement shall remain in full force and effect. If any provision of this Agreement is held
illegal, invalid or unenforceable, it shall be replaced, to the extent
possible, with a legal, valid, and unenforceable provision that is similar in
tenor to the illegal, invalid, or unenforceable provision as is legally
possible. To the extent that anything in
or associated with the Site is in conflict or inconsistent with this Agreement,
this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be
deemed a waiver of such provision nor of the right to enforce such
provision. Our rights under this
Agreement shall survive any termination of this Agreement. The title, headings and captions of this
Agreement are provided for convenience only and shall have no effect on the
construction of the terms of this Agreement.
17. Arbitration. Any legal
controversy or legal claim arising out of or relating to this Agreement or our
services, excluding legal action taken by us to collect or recover damages for,
or obtain any injunction relating to, Site operations, intellectual property,
and our services, shall be settled solely by binding arbitration in accordance
with the commercial arbitration rules of the American Arbitration Association (AAA). Any such controversy or claim shall be arbitrated on an individual
basis, and shall not be consolidated in any arbitration with any claim or
controversy of any other party. The
arbitration shall be conducted in Colorado Springs, Colorado, and judgment on
the arbitration award may be entered into any court having jurisdiction
thereof. Either you or BlueSun may seek
any interim or preliminary relief from a court of competent jurisdiction in
Colorado Springs, Colorado necessary to protect the rights or property of you and
us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs
incurred through AAA.
18.
Termination. You agree that BlueSun, in its sole
discretion, may terminate your membership, and remove and discard any content
that you have entered on the Site, for any reason, including, without
limitation, for lack of use or if BlueSun, in its sole opinion, believes that
you have violated or acted inconsistently with the letter or spirit of this
Agreement or that you are a repeat infringer of intellectual property
rights. You agree that any termination
of your access to the Site under any provision of this Agreement may be
effected without prior notice, and acknowledge and agree that BlueSun may
immediately deactivate or delete your account and all related information and
files in your account and/or prevent any further access to such files or the
Site. Further, you agree that BlueSun
shall not be liable to you or any third party for any termination of your
access to the Site.
The terms BlueSun, us or our
refers to BlueSun, Inc., the legal name of the owner of the Site. The term you refers to the user or
viewer of the Site.