Read This Terms of Use Agreement Before Accessing Website.
Effective Date: This Terms of Use Agreement was last updated on July 10, 2010.
Website usage terms and conditions
Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern TherapySprings.org and K.Brooks Media’s relationship with you in relation to this website.
GENERAL
The term “TherapySprings.org”, “K.Brooks Media, LLC”, “Company” or “us” or “we” refers to the owner of the website whose registered office is 6012 W. William Cannon Dr. B-103, Austin, TX 78749.
The term “You” or “Client” refers to the user or viewer of our website. “Client” and “you” means each person who accesses TherapySprings.org for access to and use of TherapySprings.org information or establishes a connection (“Account”) for use of its services.
The Web site at www.TherapySpings.org (the “Site”) is owned and operated by K. Brooks Media, LLC.
Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site, and your agreement to be bound by these Terms of Service. By using the Site, you agree to use the Site in accordance with these Terms of Service, our Privacy Policy, and any additional terms and conditions that may apply to specific sections of the Site or to products and services available on or through the Site.
We reserve the right to modify these Terms of Service at any time, in which case the revised Terms of Service will appear on the Site. Continued use of the Site after we post any such changes will constitute your acceptance of the Terms of Service, as modified.
PRIVACY POLICY
Please read our Privacy Policy, which is part of these Terms of Service and describes how we handle any personally identifying information about Site users, including information you voluntarily submit to the Site. By providing information, you hereby acknowledge and agree to treatment of such information as described in the Privacy Policy and these Terms of Service.
USAGE
The information contained on the Site 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 condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site.
The Site does not recommend or endorse any specific providers, tests, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Site, our employees, others appearing on Site, or other visitors to Site is solely at your own risk.
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
YOUR ACCOUNT
The right to use the Site is personal to Client and is not transferable to any person or entity. Client is responsible for all use of Client’s Account and for ensuring that all use of Client’s Account complies fully with the provisions of this Agreement. Client shall be responsible for protecting the confidentiality of Client’s password(s).
We shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability, and equipment needed for access or use.
ACCURATE INFORMATION
In consideration of your use of the Site, you agree to: (a) provide true, accurate, and current and complete information as prompted on the Site; and (b) maintain and update such information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We may suspend or terminate your use of the Services and/or the Site and/or decline to permit your continued use of the Site and/or the Services and future access to the Site.
You may need a username and password to use certain features of the Site. By selecting a user name, you agree that you will not (i) select or use a name or e-mail address of another person with the intent to impersonate that person; (ii) use a name or e-mail address subject to the rights of any person without authorization; (iii) use a name in violation of the intellectual property rights of any person; or (iv) use a name that We, in our sole discretion, deem inappropriate or offensive. You are responsible for maintaining the confidentiality of your password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You will notify Us immediately of any unauthorized use of your password or account or any other breach of security. We assume no liability for any loss or damage arising from any unauthorized use of your password or account by a third party.
CONDUCT
Client shall use Site for lawful purposes only. Client shall not post or transmit through Site 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 Client that in the sole discretion of us restricts or inhibits any other Client from using or enjoying Site will not be permitted. Client shall not use Site to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become Clients of other on-line information services competitive with Site.
In connection with submitting information to or in connection with use of the Site, you agree, warrant and represent as follows:
a. You will not submit content that is unlawful, abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, otherwise inappropriate or that could give rise to any civil or criminal liability;
b. You will not submit content that is copyrighted or otherwise protected without the express written consent of the owner;
c. You will not submit material that violates or encroaches upon the rights of others;
d. You will not submit viruses or other corruptive code, content or files;
e. You will not submit anything that harms anyone, including minors;
f. You will not submit links to content that is or does any of the foregoing.
SITE SECURITY
The Company does not make any representations or warranties regarding the security of any information or materials transmitted to, via or from the Site (whether by email or otherwise) including without limitation financial information or materials or personally identifiable information or materials. You agree to assume the security risk for any information or materials you send to or via the Site. Any information or materials you send to or via the Site will be deemed NOT to be confidential or proprietary.
INTELLECTUAL PROPERTY
Our Limited License to You. This Site and all the materials contained on it are our property and/or the property of our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. We provide the Site for personal noncommercial use only. You may only use this Site and the materials on it as authorized by us. You may not use this Site or the materials on it in any manner that violates the privacy rights, publicity rights, copyrights, trademark rights, patent rights, contract rights, or any other rights belonging to us or a third party. We reserve the right, at any time and without notice, to suspend, cancel, or terminate your right to use the Site (or any portion of the Site) for violation (whether repeated or not) of copyrights or any other rights belonging to us or a third party. Unless authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by e-mail or other electronic means) any material from the Site. Information about permission to reproduce or distribute materials from the Site can be obtained by e-mailing webmaster@TherapySprings.org.
Your License to Us. By posting or submitting any material (including, without limitation, text, photos, and videos) to the Site, you represent and warrant: (i) that you are the owner of the material, or that the owner of the material has consented to your use; and (ii) that you are thirteen years old or older. You will be solely responsible for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting, or submission.
When you submit or post material, you grant to us the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display it (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology. This grant shall include the right to exploit any proprietary rights in any such material. You also grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, e-mail address, or Member name, as we deem appropriate.
Notice of Copyright Infringement. If you are a copyright owner who believes your copyrighted material has been reproduced, posted, or distributed via the Site in a manner that constitutes copyright infringement, please report the violation to our designated copyright agent by sending written notice by U.S. Mail to K. Brooks Media, attn: Kirsten Brooks at TherapySprings.org, 6012 W. William Cannon Dr. B-103, Austin, TX 78749, Attn: Corporate Counsel, or by email towebmaster@TherapySprings.org. Please note that the contact information provided in this paragraph should only be used for reporting suspected copyright infringement. Contact information for other matters is provided elsewhere in these Terms of Service or on the Site.
Please include the following information in your written notice:
(1) a detailed description of the copyrighted work that is allegedly infringed;
(2) a description of the location of the allegedly infringing material on the Site;
(3) your contact information, including your address, telephone number, and, if available, e-mail address;
(4) your statement that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law;
(5) your statement, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and
(6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
SUBMISSIONS
You hereby grant to us the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to us through this site, and to incorporate any submission in other works in any form, media, or technology now known or later developed. We will not be required to treat any submission as confidential, and may use any submission in their business without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future of our operations.
CONTENT
We are a licenser or distributor (and not a publisher) of content supplied by third parties and Clients. Accordingly, we have no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Clients or any other user of Site, are those of the respective author(s) or distributor(s) and not of Site or Site Owner.
Neither we nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchant ability or fitness for any particular purpose.
In many instances, the content available through the Site represents the opinions and judgments of the respective information provider, Client, or other user not under contract with Us. We neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on Site by anyone other than authorized Company employee spokespersons while acting in their official capacities.
Under no circumstances will We be liable for any loss or damage caused by a Client’s reliance on information obtained through the Site. It is the responsibility of Client 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.
MONITORING
We shall have the right, but not the obligation, to monitor the content of the Web site, including bulletin boards and forums, to determine compliance with this Agreement and any operating rules established by Site. We shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Web site. Without limiting the foregoing, We shall have the right to remove any material that it finds to be in violation of the provisions hereof or otherwise objectionable, or for any reason it deems appropriate or necessary.
EQUIPMENT
Client shall be solely responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of Site and all charges related thereto.
TRADEMARKS
All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
OUTSIDE LINKING
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
THIRD PARTY SITES
Certain sections of the Site may provide links to sites of third parties, where you may be able to purchase online many different types of products and services that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability, or any other aspect of any product or service offered or provided by a third party. If you make a purchase from a merchant on a site linked to by the Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by the merchant. A merchant that offers or sells products or services through the Site may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. For more information about a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s Web site and click on its information links or contact the merchant directly. You agree that neither we nor our affiliates are responsible for any damages that you incur, and you will not assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.
INDEMNITY
You agree to indemnify and hold K.Brooks Media, LLC. and and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Site, your use of Site, your connection to the Site, your violation of the TOS, or your violation of any rights of another.
TERMINATION
We reserve the right to, at any time and without notice, suspend, cancel, or terminate your right to use the Site and these Terms of Service for any reason, including, in the case of these Terms of Service, for your violation of any of its provisions. The “Warranties and Limitation of Liability” and “Governing Law” sections of these Terms of Service shall survive any such termination.
WEBSITE DISCLAIMERS
The information contained in this website is for general information purposes only. The information is provided by K.Brooks Media, LLC. and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under the control of TherapySprings.org or K.Brooks Media LLC. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
DISCLAIMER OF WARRANTY – LIMITATION OF LIABLILTY
(A) CLIENT EXPRESSLY AGREES THAT USE OF THE WEB SITE IS AT CLIENT’S SOLE RISK. WE DO NOT WARRANT THAT THE ONLINE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEB SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE ONLINE SERVICES.
(B) THE ONLINE SERVICES ARE 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, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, 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, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT THE ONLINE DISTRIBUTOR IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH CLIENT.
