Terms of Service
ECOURSE PARTICIPATION AGREEMENT
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PARTICIPATING IN THIS COURSE.
By participating in this course, you signify your assent to the terms and conditions contained in this Agreement. If you do not agree to all of the terms and conditions contained herein, do not participate in this course.
This eCourse” is an interactive on-line course operated by PsychAlive, consisting of information services and content provided by PsychAlive, affiliates of PsychAlive and other third parties. “Participant” means each person who participates in the eCourse.
(A) This eCourse is not intended to be a substitute for professional advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical or psychological condition. Never disregard professional medical advice or delay in seeking it because of something you have read or heard in this eCourse.
(B) PsychAlive does not recommend or endorse any third party specific tests, products, procedures, opinions, or other information that may be mentioned in this eCourse. Reliance on any information provided by PsychAlive, PsychAlive employees, others appearing on this eCourse at the invitation of PsychAlive, or other participants on the eCourse is solely at your own risk.
(C) This Agreement, which incorporates by reference other provisions applicable to Participant’s participation in eCourse, sets forth the terms and conditions that apply to Participant’s participation in eCourse. By participating in this eCourse, Participant agrees to comply with all of the terms and conditions hereof.
(D) The right to participate in this eCourse is personal to Participant and is not transferable to any person or entity. Participant is responsible for all use of Participant’s Account and for ensuring that all use of Participant’s Account complies fully with the provisions of this Agreement. Participant shall be responsible for protecting the confidentiality of Participant’s password(s).
3. Changed Terms.
PsychAlive shall have the right at any time to change or modify the terms and conditions applicable to Participant’s engagement in this eCourse, or any part thereof, or to impose new conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice, which may be given by any means including, but not limited to electronic or conventional mail, or by any other means by which Participant obtains notice thereof. Participant after such notice shall be deemed to constitute acceptance by Participant of such changes, modifications or additions.
Participant shall be solely responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this eCourse and all charges related thereto.
5. Participant Conduct.
(A) Participant shall participate in the eCourse for lawful purposes only. Participant shall not post or transmit through eCourse any material which violates or infringes in anyway upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which contains advertising or any solicitation with respect to products or services.
Any conduct by a Participant that in the sole discretion of PsychAlive is not in keeping with the goals of the eCourse or restricts or inhibits any other Participant from using or enjoying eCourse will not be permitted. Participant shall not use eCourse to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become Participants of other on-line information services.
(B) This eCourse contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, and sound. Entire content of eCourse is copyrighted as a collective work under United States copyright laws.
PsychAlive owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Participant may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part.
Except as otherwise expressly permitted under copyright law, no downloading, copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of PsychAlive through the eCourse administrator.
In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Participant acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
(D) The foregoing provisions of Section 5 are for the benefit of PsychAlive, its subsidiaries, affiliates and its third party content providers and licensers and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Disclaimer of Warranty; Limitation of Liability.
(A) PARTICIPANT EXPRESSLY AGREES THAT PARTICIPATION IN ECOURSE IS AT PARTICIPANT’S SOLE RISK. NEITHER PSYCHALIVE, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSERS WARRANT THAT ECOURSE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM PARTICIPATION IN ECOURSE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH PSYCHALIVE.
(B) PSYCHALIVEECOURSE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE..
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, NEGLIGENCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
PARTICIPANT SPECIFICALLY ACKNOWLEDGES THAT PSYCHALIVE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER PARTICIPANTS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH PARTICIPANT.
(D) IN NO EVENT WILL PSYCHALIVE, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING PSYCHALIVEPSYCHALIVEECOURSE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE PSYCHALIVE. PARTICIPANT HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS ECOURSE.
PsychAlive shall have the right, but not the obligation, to monitor the content of eCourse including Q and A Forums, to determine compliance with this Agreement and any operating rules established by PsychAlive and to satisfy any law, regulation or authorized government request. PsychAlive shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted within eCourse. Without limiting the foregoing, PsychAlive shall have the right to remove any material that PsychAlive, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Participant agrees to defend, indemnify and hold harmless PsychAlive, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the participation in eCourse by Participant or Participant’s Account.
Either PsychAlive or Participant may terminate this Agreement at any time. Without limiting the foregoing, PsychAlive shall have the right to immediately terminate Participant’s Account in the event of any conduct by Participant which PsychAlive, in its sole discretion, considers to be unacceptable, or in the event of any breach by Participant of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section 9 shall survive termination of this Agreement.
This Agreement and any operating rules for eCourse constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
11. Copyrights and Copyright Agent.
PsychAlive respects the rights of all copyright holders and in this regard, PsychAlive has adopted and implemented a policy that provides for the termination in appropriate circumstances of Participants and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide PsychAlive’s 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:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site covered by a single notification, a representative list of such works at that site.
3. 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.
4. Information reasonably sufficient to permit us to contact the complaining party.
5. 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.
6. 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.
PsychAlive’s Copyright Agent for notice of claims of copyright infringement on or regarding this site can be reached as follows: Barry B. Langberg; Brownstein Hyatt Farber Schreck; 2029 Century Park East suite 2100 Los Angeles, CA 90067
For any questions or requests other than copyright issues, please contact PsychAlive.
PsychAlive and this eCourse are not intended or designed to attract persons under the age of 18. We do not collect information from any person we actually know is under the age of 18.
13. Advertisements and Links.
PsychAlive does not endorse the content on any third-party websites. PsychAlive is not responsible for the content of linked third-party sites, sites framed within PsychAlive, or third-party advertisements, and does not make any representations regarding their content or accuracy.
Participant’s use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. PsychAlive does not endorse any product advertised on PsychAlive.
This privacy statement covers the Web site PsychAlive.com. We are committed to maintaining the privacy of our users. As such, this note explains:
- What personally identifiable information PsychAlive collects.
2. How PsychAlive collects the information.
3. How PsychAlive uses the information.
4. With whom PsychAlive may share user information.
5. What choices are available to users regarding collection, use and distribution of the information.
6. What types of security procedures are in place to protect the loss, misuse or alteration of information under PsychAlive’s control.
7. How users can correct any inaccuracies in the information.
If users have questions or concerns regarding this statement, they should contact us at PsychAlive by telephone, mail or email at the contact details listed on the web page marked About/Contact.
Information Collection and Use
PsychAlive is the sole owner of the information collected for eCourse.
In order to participate in this eCourse, a user must first complete the registration form. During registration a user is asked to give personal information such as name, address, and email address. We use this information to contact the user about services on our site for which he/she has expressed interest. It is optional for the user to provide demographic information, and unique identifiers, but encouraged so we can provide a more personalized experience on our site.
PsychAlive does not sell or otherwise provide the information given to them to third party sources. All information is confidential unless the information is subpoenaed by officials of the United States government, or if PsychAlive deems that retaining said information may cause a direct physical threat to one or more individuals.
PsychAlive and eCourse may store information collected through cookies and log files to create a profile of our users. We do not share your profile with other third parties.
On rare occasions it is necessary to send out announcements which are strictly service-based. Also, if our service is temporarily suspended for maintenance, or if our company were to undergo a large-scale transition thereby changing the nature of this privacy statement, we might send users an email. Generally, users may not opt-out of these communications, though they can deactivate their account. However, these communications are not promotional in nature.
Though PsychAlive makes every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our Web site.
Third Party Intermediaries
We use an outside credit card processing company to bill users for goods and services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes.
PsychAlive takes every precaution to protect our users’ information. When users submit sensitive information via the Web site, their information is protected both online and off-line. When our registration form asks a user to enter sensitive information (such as credit card number and/or social security number), that information is encrypted and is protected with the best encryption software in the industry (SSL). While on a secure page, such as our order form, a padlock icon will be displayed in Web browsers such as Internet Explorer, Firefox and Safari. While we use SSL encryption to protect sensitive information online, we also do everything in our power to protect user-information off-line. All of our users’ information, not just the sensitive information mentioned above, is restricted in our company’s server. Only employees who need the information to perform a specific job (for example, our billing clerk or a customer service representative) are granted access to user’s personal information. Our employees must use password-protected logins to access this server. Each time they return, they must re-enter their password to regain access to user information. All employees are kept up-to-date on our security and privacy practices. Any time new policies are added, our employees are notified about what they can do to ensure our users’ information is protected. Finally, the servers that store personally identifiable information are in a secure environment in a locked building.
Supplementation of Information
In order for this Web site to properly fulfill its obligation to users it is necessary for us to supplement the information we receive with information from 3rd party sources.
Notification of Changes
If we are going to use user information in a manner different from that stated at the time of collection we will notify users via email. Users will have a choice as to whether or not we use their information in this different manner. However, if users have opted out of all communication with the site, or deleted/deactivated their account, then they will not be contacted, nor will their personal information be used in this new manner.