Disclaimer

OWNERSHIP OF CONTENTS/ LICENSE

The Web Site is owned and operated Whitson Family Counseling Services, Inc. (“Company,” “us” or “we”).
This Web Site and all of its past, current and future content, such as articles, opinions, other text, directories, guides, photographs, illustrations, designs, compilations, images, video and audio clips and advertising copy, as well as the trademarks, logos, domain names, trade names, service marks, trade identities, any and all copyrightable material (including source and object code), and all other materials related to the “look and feel” of the Web Site, and any other form of intellectual property (collectively, the “Content”) is owned by or licensed to Company or other authorized third parties and is protected as intellectual property or otherwise. Except as expressly set forth in these Terms or expressly granted to you in writing by Company, no rights (either by implication, estoppel or otherwise) are granted to you. You may only use the Content as expressly set forth in these Terms. UNAUTHORIZED — USE, COPYING, REPRODUCTION, STORING, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING, REMOVAL OR ALTERATION OF ADVERTISING OR ANY OTHER MIS– USE OF ANY OF THE CONTENT IS STRICTLY PROHIBITED. You agree to abide by any and all additional copyright notices, information or restrictions contained in any part of the Web Site.

Subject to your strict compliance with these Terms and any Additional Terms, Company grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to access, download, view, use and/or play a single copy of the Content (excluding object and source code). You must retain all copyright, trademark and other proprietary notices contained in the original Content or any copy you may make of the Content. You may not, nor may you allow or aid or abet any third party (whether or not for your benefit) to copy or adapt any code that comprises the Web Site’s software, HTML, JavaScript or other script, or otherwise reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code used to generate the Web Site or any software or other products or processes accessible through the Web site, nor insert any code or product to manipulate the Content in any way that affects any user’s experience. Unless otherwise expressly authorized in these Terms, the Additional Terms or on the Web Site, you further agree that you will not, in whole or in part, modify, reproduce, archive, transfer by any means, create derivative works from, publish in any form, online or offline, disseminate, or circulate to any third-party, or otherwise use the Content in any way for any public or commercial purpose.

CHANGES TO SITE/TERMS

Company may add, change, discontinue, remove or suspend any portion of the Web Site at any time, without notice. We reserve the right, in our sole discretion, to modify, alter, or otherwise change these Terms and will post any new or revised terms on the Web Site.

— USER ACCOUNTS

Certain areas of the Web Site may ask you to create an account or may otherwise ask you to provide information to participate in certain features or to access certain content (e.g., e-mail, newsletters, sweepstakes, etc.). The Web Site’s practices governing your personal information are disclosed in its Privacy Policy. If you choose to provide information to the Web Site, you agree to provide only true, accurate, current and complete information. If you create an account, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your account. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer cell phone or other internet access device, as applicable, so that others may not access any password protected portion of the Web Site using your name, user name or password in whole or in part.

INFORMATION YOU SUBMIT

Forums, message boards, chat rooms, online diaries, social networking areas, or other interactive areas on the Web Site (“User Forums”) are provided to give users a forum to express their opinions and share their ideas and information. Users may be able to upload or otherwise submit information, data, software, messages, suggestions, photographs, audio, video, text, and other materials to the Web Site through User Forums and other Web Site features (“Your Upload Information”). Company and Affiliates (defined below) do not endorse the content, including, without limitation, any of Your Upload Information, posted in User Forums or otherwise on the Web Site. Company reserves the right, but is not obligated, to reject, delete, move or edit Your Upload Information in whole or in part, for any reason in Company’s sole discretion Company reserves the right to suspend or terminate your access to the Web Site and pursue all legal remedies if we believe your Upload Information infringes another’s copyright or otherwise violates any law, rule or regulation. You acknowledge and agree that you are prohibited from accepting payment for Your Upload Information, including, without limitation, accepting payment for the inclusion of a logo, brand or other commercial content, in Your Upload Information.
Your Upload Information is your sole responsibility. This means that you, and not Company, are entirely responsible for all Your Upload Information that you upload, post, e-mail, transmit or otherwise make available via the Web Site. If you post personal information in User Forums or on other publicly available areas of the Web Site then you may receive unsolicited communications or messages from third parties. Company cannot ensure the security of any information you post on the Web Site. Under no circumstances will we be liable in any way for any of Your Upload Information including, but not limited to, any errors or omissions in Your Upload Information, or for any loss or damage of any kind incurred as a result of Your Upload Information. You represent that Your Upload Information is an original work by you or you have all necessary rights in it to submit it to Company under the terms of these Terms; that it is not defamatory; and that it does not infringe upon, misappropriate or violate the rights of any third parties, including, without limitation, any intellectual property rights, rights of publicity or privacy or any other proprietary rights or otherwise violate any law, rule or regulation. You further agree that you are solely liable for any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys’ fees, connected to or arising from your breach of any representation or warranty, or other violation of the terms of these Terms or any Additional Terms.
Except as otherwise expressly described in the our Privacy Policy, any applicable Additional Terms or on the Web Site, Your Upload Information will be treated as non-confidential and non-proprietary and we will not be liable for any use or disclosure to anyone, including but not limited to claimed intellectual property owners. When you upload your Upload Information via the Web Site, you automatically and irrevocably grant to Company, its Affiliates, and partners a non-exclusive, worldwide, royalty-free license to your Upload Information containing all right, title and interest in Your Upload Information, including, without limitation, all patents, trademarks, service marks, trade names, trade identities, copyrights, trade secrets, logos, domain names, know-how, source code and object code, mask-work rights, inventions, moral rights, author’s rights, algorithms, rights in packaging, goodwill and other intellectual property and proprietary rights whatsoever in Your Upload Information. You further agree that Company, its Affiliates, and the directors, officers, employees, and other representatives of each of them will have the unfettered right throughout the universe, in perpetuity, without any credit or compensation to you, to use, reuse, modify, alter, display, archive, publish, sub-license, perform, reproduce, disclose, transmit, broadcast, post, sell, translate, create derivative works of, distribute and use for advertising, marketing, publicity and promotional purposes, any of Your Upload Information or portions of Your Upload Information, and your name, voice, likeness, and other identifying information in any form, media, software or technology of any kind now known or developed in the future for any purposes whatsoever including, without limitation, developing, manufacturing and marketing products using Your Upload Information. You hereby waive any moral rights you may have in and to any of Your Upload Information, even if such material is altered or changed in a manner not agreeable to you. You agree and understand that Company and its Affiliates are not obligated to use Your Upload Information, submitted through the Web Site or otherwise, and may alternatively choose to discard, limit or block access to Your Upload Information without any liability whatsoever.
You acknowledge that the Web Site, through Company and its Affiliates undertake no obligation to pre-screen Your Upload Information, but that it has the unfettered right (but not the obligation), in its sole discretion, to modify, edit, transmit over various networks, refuse, move, block access to, or remove any of Your Upload Information. Company might or might not post Your Upload Information, and it is not required to do so. Also, Company may discard or destroy Your Upload Information at any time it chooses, without any notice or liability to you. You agree that you must evaluate, and bear all risks associated with, the use of any of Your Upload Information including, but not limited to, any reliance on the accuracy, completeness, or usefulness of Your Upload Information. You understand that you may bear legal responsibility for others’ exposure to any offensive, indecent, or objectionable content in your Upload Information.
Please note that, generally, Your Upload Information will be accessible by other users of the Web Site. Please be sure that any of Your Upload Information that you post on any publicly accessible portion of the Web Site (including any online diary entry or entries that you choose to share with others, either via the Web Site or by e-mailing the entry or entries to your friends or families) is information that you are comfortable sharing with others.

NO PERSONAL ADVICE
This Web Site, its Content (including any information provided by users) is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. In addition to the “Disclaimer/Limitation on Liability” paragraph above, the Company Entities and Individuals make no representations or warranties and expressly disclaim any and all liability concerning any treatment or action by any person following the information offered or provided within or through the Web Site. If you have specific concerns or a situation in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Company Entities and Individuals from and against any actual or alleged claims, demands, causes of action, investigations, settlements, judgments, damages, losses, liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys’ and other legal fees and costs) arising out of or relating to: (1) your use of the Web Site; (2) your violation of these Terms or any law, rule or regulation; (3) your use of the Content; or (4) or Your Upload Information. You will cooperate as fully and reasonably as required by Company or the Affiliates in the defense of any claim. Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Company.

Share on: facebooktwitterpinterest