This Agreement applies to your use of the websites which are owned and operated by PSYCHSITES.COM, located in San Diego, California ("PsychSites"), and our affiliates (collectively ("we," "us," or "our"), including, without limitation, PSYCHSITES.COM and all websites that we may own or operate currently or in the future (collectively, the "Site"). By using the Site, you agree to be legally bound by the terms of this Agreement, just as if you had signed it. In the event that you fail to comply with the terms of this Agreement, we reserve the right to suspend or terminate your password, listing, webpage, user account, and/or access to the Site (or any part thereof) without prior notice. Further, you agree that we shall not be liable to you or any third party for any such suspension or termination of your access to, or use of, the Site.
Please review this Agreement periodically. We reserve the right, in our sole discretion, to update the terms of this Agreement from time to time and your continued use of the Site will mean you agree to and accept these changes whether or not you have reviewed them. When we do make such changes, we will also revise the "last modified" date at the bottom of this Agreement.
From time to time, you may be subject to additional posted guidelines or rules applicable to certain Content, Services, or other items and information available through the Site, all of which are hereby incorporated by reference. Top of Page
THE SITE, CONTENT, AND SERVICES (AS DEFINED BELOW) DO NOT PROVIDE ANY FORM OF MEDICAL ADVICE, SERVICES, OR RECOMMENDATIONS. THE SITE, CONTENT AND SERVICES ARE NOT INTENDED AND DO NOT CONSTITUTE (I) THE PRACTICE OF MEDICINE OR THE PROVISION OF HEALTH CARE DIAGNOSIS OR TREATMENT, (II) THE CREATION OF A PHYSICIAN, PATIENT OR CLINICAL RELATIONSHIP, OR (III) AN ENDORSEMENT, RECOMMENDATION, OR SPONSORSHIP OF ANY HEALTH CARE PROVIDER, PRODUCT OR SERVICE BY PSYCHSITES OR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE, AGENTS, EMPLOYEES, CONSULTANTS, OR SERVICE PROVIDERS. Neither PSYCHSITES nor the Site is a medical organization or health care provider. We cannot provide you with professional medical advice or diagnosis and nothing contained on the Site should be construed as such or used as a substitute for a consultation with a physician. We urge you to consult your physician or other qualified health care provider if you have any questions about a medical condition or before taking any drug or before beginning any diet, nutrition, fitness or treatment plan. You are solely responsible for your decision to obtain treatment from a medical professional. PSYCHSITES will not be liable for any injuries or medical malpractice and or claims for remuneration associated with any form of damages, foreseen or unforeseen, incurred by your visit to, or contact with via any medium, any and all medical professionals or services contacted as a result of the Site. PSYCHSITES does not endorse any of the physicians, medical professionals, products, services, or treatments described, mentioned, or discussed on the Site or Web pages accessible from the Site. This Site is simply a DIRECTORY (similar to that of a telephone directory) and is not intended to provide medical care. Although the Site is designed to be used to locate a mental health or allied health provider, there is no guarantee that any referrals will be generated, and in any event there is no fee for any such referrals.
Any Content accessed or Directory searched ("Services") through or by the Site is for informational purposes only and is not intended as a substitute for physician consultation, evaluation or treatment. No Content or Services should be used in the case of a medical emergency or for the diagnosis or treatment of any medical condition. While we believe you will find the Content and Services useful, we do not guarantee that the Content and Services will help you achieve any specific results. PSYCHSITES merely uploads the data provided by health care professionals related to their practices and services and does not perform any type of credentialing or endorsing of any providers listed in the database. This disclaimer applies to both mental health care providers and allied health providers.
Never disregard professional medical advice or delay seeking it because of something that you have read on the Site or that you have discussed with a PSYCHSITES representative! The Site is not intended for children under the age of 18. Individuals are specifically warned to seek professional medical advice prior to initiating any treatment program or fitness regimen. The Site is not meant to be a substitute for a health care professional's clinical judgment. The determination of the need for medical services and the types of health care to provide a patient are decisions that should be made only by a physician or other licensed healthcare provider. Always seek the advice of a physician or other qualified healthcare professional with any questions you have regarding a medical condition.
If you think you may have a medical emergency, call 911 or your physician immediately. Top of Page
All users of the Site that register as providers shall be given a unique login and password that may be used to build and access their web page. In registering with the Site, Providers agree to provide us with true, accurate and complete information about themselves ("Provider Data"), and to maintain and promptly update the Registered Provider Data and any other information provided to us, to maintain its accuracy. Without limiting any other provision of this Agreement, if you provide any information that is untrue, inaccurate, or incomplete in connection with your web page, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your web page and refuse any and all current or future use of the Site (or any portion thereof). Providers shall be entirely responsible for taking all reasonable steps to maintain the confidentiality of their password and login information and shall not allow any third party to use their login information. Each Provider agrees to notify us immediately in the event of any known or suspected unauthorized use of his/her data, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. Providers are entirely responsible for any and all activities in creating and editing their web page. Providers agree to immediately notify us of any unauthorized use of their user data or any other breach of security known to them.
Unless otherwise specified, PSYCHSITES grants each provider a revocable, non-exclusive, non-assignable, non-sublicensable, non-transferable license and right to access the Site solely to create, edit and publish your provider data, provided that you comply fully with the provisions of this Agreement. You may not modify the Site, or any portion of it, without the express written consent of PSYCHSITES. This license does not include any resale or commercial use of the Site, Services, Reports, or any portion thereof; any collection and use of any product listings other than described above, descriptions, or prices; any derivative use of the Site, its Content or Services; or any use of data mining, robots, or similar data gathering and extraction tools. Neither the Site nor any portion thereof may be reproduced, reverse engineered, decompiled, duplicated, copied, sold, resold, or otherwise exploited without the express written consent of PSYCHSITES. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of PSYCHSITES without our express written consent. You may not use any metatags or any other hidden text utilizing PsychSites' name or trademarks without the express written consent of PSYCHSITES. Any such unauthorized use terminates the permission or license granted by PSYCHSITES pursuant to this Agreement. You are granted a revocable non-exclusive non-assignable, non-sublicensable, non-transferrable license and right to place hyperlink(s) on your web page to the home page of the Site. Such hyperlink shall not portray PSYCHSITES, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any PSYCHSITES logo or other proprietary graphic or trademark as part of the link without PsychSites' express written permission.
The Site, Content or Services may not be used for any illegal purpose. You may not access our networks, computers, or the Site, Content or Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person's use and enjoyment thereof. You may not attempt to gain unauthorized access to any Site Content or Services, other Provider data, computer systems, or networks connected with the Site, the Content, or Services. For purposes of this Agreement, any use of these materials on any other Web site or networked computer environment for any purpose is prohibited. Any rights not expressly granted by this Agreement or any applicable end provider license agreements are reserved by PSYCHSITES and/or its vendors and licensors. Top of Page
Use of the Site is currently free of charge for people searching for a health care professionals. Providers may subscribe to have a web page and be listed in the searchable directories free of charge unless they choose the custom web page option. However, PSYCHSITES reserves the right to charge fees for any of its services in the future and may directly bill you, only if agreed to by you prior to such fee being initiated. Additional information regarding any fees applicable to your access to and use of the Site, Content and Services is included on the Provider welcome page. Top of Page
You acknowledge and agree that the Site contains information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials (collectively, "Content) that are protected under intellectual property laws, rules and regulations and that these rights are valid and protected in all forms, including media and technologies existing now or hereafter developed. Any use of the Content not expressly permitted by this Agreement is a breach of this Agreement and may violate such laws. All copyrightable content is protected under the United States copyright laws (and, if applicable, similar foreign laws), including the selection, coordination, arrangement and enhancement of the Site. The owner of such copyright is © 2002-2016 PSYCHSITES.COM. All rights reserved. All trademarks appearing on the Site are trademarks of their respective owners. PSYCHSITES enforces its intellectual property rights to the fullest extent permitted under the law, and may seek civil and criminal remedies where appropriate, including the remedies provided for under 17 U.S.C. §501 et. seq.
Our health care and commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Site, Content or Services made available on the Site. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Site, Content or Services, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.
By posting, storing or transmitting any information, data, content or comments ("Provider Content) to the Site, you hereby grant PSYCHSITES a perpetual, world-wide, royalty-free, irrevocable transferable, sublicensable, right and license to display, distribute, copy, adapt, reproduce, transmit, make demonstrative works of and otherwise use any content and information you provide on the Site, including provider content provided via interactive features or in Public Areas (as defined below), for any purpose, commercial, advertising, or otherwise, and in any media now known or hereinafter developed. You expressly agree that PSYCHSITES is free to use any ideas, concepts, know-how, or techniques contained in any Provider Content provided by you on the Site, or in any communications you send to PSYCHSITES, without compensation and for any purpose whatsoever, including but not limited to developing and marketing products and services using such information. You agree that any Provider Content is subject to change, rejection, or deletion by PSYCHSITES without notice or explanation to you. Top of Page
6.1 Notification. We respect the intellectual property rights of others. If you believe that the Site contains content or material that infringes a copyright you own, you may file a notice with PSYCHSITES by contacting us by email.
From time to time, the Site may provide links to third party websites or information, as well as software, data, or other content on or off the Internet, including linked click-through or other advertising, or through featured or sponsored websites (collectively, " Third Party Links"). PSYCHSITES neither recommends nor endorses the content of any Third Party Links. PSYCHSITES is not responsible for the content of Third Party Links and it does not make any representations regarding their content or accuracy. Your use of Third Party Links is at your own risk and may be subject to separate terms and conditions for the use of such site.
Providers may add a limited number of links (as noted on the current welcome page) to other sites on their provider web page using the PSYCHSITES.COM edit page feature. These links may be reviewed, approved and/or removed by PSYCHSITES based on PSYCHSITES determined appropriatenes.
Certain Content or Services offered on the Site may be provided by third parties. Such third parties may be third party beneficiaries to this Agreement pursuant to our agreements with such third parties. To the extent such third parties are third party beneficiaries to this Agreement, the rights and protections provided to us hereunder inure to such third parties benefit. Top of Page
PSYCHSITES has no liability or responsibility to users of the Site including Searchers, Providers, or any other person or entity for performance or nonperformance of the aforementioned activities and is not required to actively monitor the Site or contact anyone, including care providers, regarding any postings, contact, or other information, including but not limited to critical lab results or other health care data. PSYCHSITES reserves the right to take any action it deems necessary to protect the personal safety of our users or the public.
PLEASE NOTE: PROVIDERS LICENSES OR CREDENTIALS ARE NOT CHECKED OR EVALUATED BY PSYCHSITES.COM. Top of Page
The goals of PSYCHSITES.COM are to provide improved or greater access to mental health professionals and to facilitate the on-line presence and practice promotion of mental health care providers. By using the PSYCHSITES.COM edit page tools, and carefully reviewing your page as you build it, you, the health care provider are in complete control and responsible for the content and privacy of the information displayed on your page. It is PSYCHSITES.COM policy not to sell any of your data including your email. However, be aware that any information displayed on a Provider's PSYCHSITES.COM web page is in the public domain and not considered private.
Email and short message service (SMS) communications to and from the Site are not encrypted and this information is not secured. It is possible for these communications to be intercepted or accessed without your authorization, and by using the Site, you hereby release PSYCHSITES and its affiliates from any liability arising from or related to any such unauthorized access. Top of Page
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND THE CONTENT AND SERVICES PROVIDED THEREIN IS AT YOUR OWN RISK.
ALL OF THE CONTENT, SERVICES, PRODUCTS AND OTHER MATERIALS OFFERED ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. NEITHER WE NOR OR ANY OF OUR LICENSORS OR AFFILIATES MAKE ANY EXPRESS WARRANTIES AND WE AND EACH OF THEM DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT.
NEITHER WE NOR ANY THIRD PARTY PROVIDERS OR LICENSORS MAKE ANY WARRANTY THAT THE SITE, CONTENT OR SERVICES PROVIDED SATISFY GOVERNMENT REGULATIONS INCLUDING THOSE REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS. THE SITE, THE CONTENT AND SERVICES WERE INITALLY DEVELOPED FOR USE IN THE UNITED STATES, AND NEITHER WE NOR ANY OF OUR THIRD PARTY PROVIDERS OR LICENSORS MAKES ANY REPRESENTATION CONCERNING THE SITE, THE CONTENT OR SERVICES WHEN USED IN ANY OTHER COUNTRY.
NEITHER WE NOR ANY OF OUR THIRD PARTY PROVIDERS OR LICENSORS REPRESENT OR WARRANT THAT THE SITE OR ANY PORTION THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER WE NOR ANY OF OUR LICENSORS REPRESENT OR WARRANT THAT THE USE OR THE RESULTS OF THE USE OF THE SITE CONTENT OR SERVICES ARE CORRECT, ACCURATE, RELIABLE, OR OTHERWISE FREE OF ERRORS.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THIS WEBSITE SHALL CREATE ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. THERE ARE NO IMPLIED WARRANTIES IN THIS AGREEMENT OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT.
Accuracy and Integrity of Information - Although PSYCHSITES attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform PSYCHSITES so that it can be corrected. Information contained on the Site may be changed or updated without notice. Top of Page
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR THIRD PARTY PROVIDERS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE SITE; (B) THE USE OF ANY CONTENT, SERVICES OR OTHER MATERIAL ON THE SITE OR ANY WEBSITE OR WEBSITES LINKED TO THE SITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (F) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING, USING, OR POSTING TO THE SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, INCLUDING BUT NOT LIMITED TO THE CONTENT AND SERVICES PROVIDED THEREIN, OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THE SITE. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. Top of Page
You agree to indemnify, hold harmless and, at our option, defend us and our third party providers and licensors and their respective officers, directors, employees, stockholders, agents and representatives (collectively, the "PSYCHSITES Indemnities") from any and all claims, actions, allegations or demands, against any liabilities, judgments damages and/or costs (including, without limitation, reasonable attorneys fees and expenses) incurred by, or alleged to have been incurred by, the PSYCHSITES Indemnities as a result of (a) your improper use of the Site, the Content, the Services or our products or offerings, (b) your violation of this Agreement, (c) your Provider Content or (d) your violation, misappropriation or infringement of any intellectual property or other right of any person or entity. Top of Page
Alternatively, at PsychSites' sole discretion, a claim may be adjudicated in the state or federal courts located in San Diego County, California. By using this Site, you consent to exclusive jurisdiction of, and venue in, the state or federal courts located in San Diego County, California.
PSYCHSITES is based in San Diego, California in the United States of America. PSYCHSITES makes no representations, warranties, or claims that the Site, Content or Services are appropriate or may be accessed or used outside the U.S., and such access and use is void where prohibited. Access to and use of the Site, Content or Services may not be legal by certain persons or in certain countries. If you access or use the Site, Content or Services from outside the U.S., you do so at your own risk and are responsible for compliance with the laws, rules and regulations of your jurisdiction. You may not use, export or re-export the Site Content or Services in violation of any applicable laws, rules or regulations including, without limitation, U.S. export laws and regulations. Not all products and services displayed on the Site may be available in your jurisdiction. Top of Page
PSYCHSITES reserves the right in its sole discretion, for any reason or no reason at all, without notice or liability to you, to change or discontinue this Site, or to terminate your account or your access to this Site, with or without cause. Top of Page
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of this Site must be filed within one calendar year after such claim or cause of action arises, or forever be barred. Top of Page
In any action against us arising from the use of this Site, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees.
You and us shall at all times and for all purposes be deemed to be independent contractors and neither you nor us, nor our respective employees, representatives, subcontractors or agents, shall have the right or power to bind the other party. This Agreement shall not create or be deemed to create a joint venture, partnership or similar association between the parties or either party's employees, subcontractors or agents. This Agreement shall not be interpreted or construed to confer any rights or remedies on any third parties.
All payment obligations and the provisions of this Agreement expected to survive termination shall survive the expiration or termination of this Agreement. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions thereof.
Upon written notice to you, we may assign or otherwise transfer our rights and obligations under this Agreement without your prior approval, including without limitation in connection with a merger, acquisition reorganization, reincorporation or change of control of PSYCHSITES, and this Agreement shall inure to the benefit of our successors, assigns and licensees. An assignee of PSYCHSITES authorized hereunder shall be bound by the terms of this Agreement and shall have all of the rights and obligations of PSYCHSITES set forth in this Agreement.
The failure of you and us to insist upon or enforce the strict performance with respect to any provision of this Agreement, or to exercise any right under this Agreement, will not be construed as a waiver or relinquishment to any extent of any right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.