Terms of Use

Dated: November 1st, 2009

1 Binding Agreement

The provisions of these Terms of Use constitute a legal agreement between you and GroupCounseling.com. The GroupCounseling.com web site is operated by GroupCounseling.com, LLC, a Florida limited liability company (“GroupCounseling.com”). Your use of this site is subject to the terms, conditions, and other provisions of these Terms of Use. These Terms of Use contain important legal information concerning your rights, remedies and obligations. By using this site, you agree to be bound by these Terms of Use. GroupCounseling.com reserves the right at any time to prospectively modify these Term of Use. The most recent version of the Terms of Use may be viewed by clicking on the “Terms of Use” hypertext link located at the bottom of the home page of this site or can be accessed from the Site Map page for this site. By using this site you acknowledge that you have read, understood and agree to be bound by these Terms of Use, as amended, whether or not you register on the GroupCounseling.com site. If you do not agree to be bound by these Terms of Use, as amended, do not continue to access or use this site.

2 Permitted Use; Limitations on Use.

This web site is intended for your personal and noncommercial lawful use. Subject to these Terms of Use, you may access and display the web pages within this site using web browsing software solely on your personal computer, digital assistant, or similar electronic device, and use this web site and the information made available on this web site, for informational, and noncommercial personal use only. Use of the GroupCounseling.com web site for any public or commercial purpose (including, but not being limited to, on another site or for access through a networked computer environment) is strictly prohibited.

You may not use this web site for any unlawful purpose.

You agree not to disrupt, place unreasonable burdens or excessive loads on or otherwise interfere with the normal operation of this web site or another user’s use and enjoyment of this web site.
You further agree not to use any data mining, robots, or similar data gathering or extraction methods or tools on or in connection with the GroupCounseling.com site, or attempt to gain unauthorized access to any portion of the GroupCounseling.com site or any accounts, computer systems, or networks connected to the GroupCounseling.com site, whether through hacking, password mining, or any other means.

3 Proprietary Rights in Site Content

All content on this site is the proprietary property of GroupCounseling.com or its licensors, and is protected by copyright under United States, or foreign laws. You have no right to reproduce, distribute, create derivative or collective works or publicly display or perform any information or other content made available on this web site but you may download a single copy of the informational material on this web site solely for your personal, noncommercial use, provided you do not modify or alter that informational material in any way or delete or modify any copyright or trademark notice set forth in that informational material. This right does not extend to the design or layout of this web site or to content that is not indicated for download or which you improperly obtained in violation of these Terms of Use. You may not reproduce, modify, publicly display, publicly perform, create derivative or collective works of, or distribute any content obtained from this site. Notwithstanding the foregoing, the downloading, access or other use of content made available on this site that contains its own specific license terms or other terms and conditions governing downloading, access or other use of that content will be governed by those specific license terms or other terms and conditions. You may not mirror any of the content from this site on another Web site or in any other media.

4 User Content, and Proprietary Rights

By posting content to this site, you grant to GroupCounseling.com a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right, and license, with right of sublicense, to use for any purpose, reproduce, publicly display, and perform, and make derivative, and collective works of, all information, data or other content uploaded or posted by you to this web site, including commercial, advertising, and other uses. All derivative, and collective works will be owned by GroupCounseling.com. You represent and warrant to GroupCounseling.com that you have all legal, moral, and other rights that may be necessary to grant GroupCounseling.com this right and license. To the fullest extent permitted by law, you waive all moral rights relating to such content and all rights of personal publicity, and personal privacy except as otherwise expressly provided in our Privacy Statement (which, as amended and in effect at the time, is incorporated by reference into and made a part of these Terms of Use).

You assume all risk for all data, information or other content posted by you on this site and agree that GroupCounseling.com has no liability for any loss, theft or destruction of any such data, information or other content or any unauthorized access to, use (except as otherwise provided in the Privacy Statement), transmission or alteration of any such data, information or other content.
GroupCounseling.com does not control and is not responsible for content posted on this site by other users. You agree that GroupCounseling.com is not responsible to you, and you assume all risk, for any offensive, obscene, objectionable or unlawful content that any other user or other person may post to this site.

5 Use of the Internet

Your use of this web site and its contents is at your own risk. You understand that transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not secure, and is subject to possible loss, interception or alteration while in transit. We do not assume any liability or obligation for any disclosure or interception of information or loss, damage or injury that you may incur as a result of any transmissions over the Internet or other publicly accessible networks in connection with your use of this web site. This web site is based in the United States. We do not represent or warrant that the content of this web site is appropriate or available for use in all locations. Access to or downloading of the content of this web site may not be legal in certain foreign countries. If you access this web site from a foreign country, you are responsible for complying with the laws of the foreign jurisdiction.

6 Password Security

When you register, you will be asked to provide a user name and password. You agree to provide accurate, and current, information when requested during registration. You are responsible for maintaining the confidentiality of your password and are solely responsible for all use of this site obtained by use of your user name and password, whether authorized or unauthorized by you. You agree immediately to notify GroupCounseling.com of any unauthorized use of your user name or password.

7 Other Limitations on Use; Conduct.

You are solely responsible for the content you post to this site. You agree that GroupCounseling.com, without notice to you, may remove, and destroy any content posted by you on this site which GroupCounseling.com determines, in the exercise of its sole judgment, is or may be offensive, illegal, or violate the rights of, or threaten or cause harm to, any other person or which violates these Terms of Use or that contains third-party commercial advertisements or solicitations.

You agree that you will not: (a) use this web site for any unlawful or improper purpose, (b) use this web site to distribute or transmit spam, bulk or unsolicited communications, or any pyramid scheme or chain letter, (c) pretend to be GroupCounseling.com or someone else, or impersonate GroupCounseling.com's or someone else's identity, (d) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any content transmitted to this web site, (e) misrepresent your affiliation with a person or entity, (f) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to use the web site or which is designed to or interferes with or interrupts the site or any service provided on the site or the servers or networks connected to the site, (g) upload, post, or otherwise transmit content which contains software viruses, malware, or other destructive or deleterious programming routine, file or program or which is designed to interrupt, destroy or limit the functionality of the web site or site or the servers or networks connected to the site, (h) post or upload to this site any content that is known to be inaccurate, or that is threatening, harassing, harmful, abusive, vulgar, obscene, pornographic, tortuous, defamatory, libelous, racist, violent, offensive, or objectionable, (i) make any unauthorized disclosure of personal information; (j) violate or infringe upon or misappropriate anyone's intellectual property or other proprietary rights, (k) collect or harvest any data, including email addresses or any other information on users or solicit any personal information from an individual who has not attained the age of eighteen (18) years, or (l) provide any content that may give rise to civil or criminal liability on the part of GroupCounseling.com or which may constitute or be considered a violation or any local, national, or international law or which violates any intellectual property or other proprietary right of any person.

8 Third Party Sites, Products, and Services

This site contains links to a sites maintained by third party providers of products or services. GroupCounseling.com is not in control of these third party sites or providers and is not responsible for the performance or any failure of performance by the third party provider. GroupCounseling.com does not warrant that any product or service descriptions or other content of this site or any site linked from or to this site is accurate, complete, reliable, current, or error-free. The fact that we have provided a link to a third party’s site is not an endorsement, authorization, sponsorship, or affiliation with respect to that site, its owners, or its providers. When you purchase a product or service on the third party’s site, you understand and agree that you are purchasing that product or service directly from the third party and not GroupCounseling.com. The linked site may contain terms of use, a privacy policy, and other provisions relating to your use of the linked site and the products and services available from the linked site. GroupCounseling.com is not responsible for those provisions, and expressly disclaims any and all liability relating to those provisions. We encourage you to read the provisions contained on the third party’s site including the privacy policy, and Terms of Use of use, as the third party’s privacy policy, and Terms of Use of use may be materially different from those of GroupCounseling.com. Insofar as it relates to this site, GroupCounseling.com, or GroupCounseling.com’s facilitating your obtaining third party products and services through this site, GroupCounseling.com’s Terms of Use, and Privacy Statement control. References to “product(s)” in these Terms of Use include (but are not limited to) software and electronic media.

GroupCounseling.com is not the manufacturer, seller or provider of any product or service available from or through this site. Rather, GroupCounseling.com provides this site as a means to facilitate your obtaining products and services from third party providers who are not affiliated with GroupCounseling.com. These products and services are offered by the third party provider, not GroupCounseling.com. We do this in two ways.

First, we may provide a link directly to a site maintained by the third party seller or provider of the product or service. When you click on this link, you leave GroupCounseling.com’s site and navigate to the third party’s site. GroupCounseling.com has no control over the third party’s site. The fact that GroupCounseling.com has provided a link to a third party’s site is not an endorsement, authorization, sponsorship, or affiliation with respect to that site, its owners, or its providers. When you purchase a product or service on the third party’s site, you understand and agree that you are purchasing that product or service directly from the third party and not GroupCounseling.com. The linked site may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions relating to your use of the linked site and the products and services available from the linked site. GroupCounseling.com is not responsible for those provisions, and expressly disclaims any and all liability relating to those provisions. We encourage you to read the provisions contained on the third party’s site including (but not limited to) the privacy policy, and Terms of Use of use, as the third party’s privacy policy, and Terms of Use of use may be materially different from those of GroupCounseling.com. Insofar as it relates to this site, GroupCounseling.com, or GroupCounseling.com’s facilitating your obtaining third party products and services through this site, GroupCounseling.com’s Terms of Use, and privacy policy control.

Alternatively, we may collect from you all the information that the third party provider requires to provide the product or service to you. When that information has been collected and you elect to “Purchase,” that information is transmitted by us on your behalf to the third party provider who is the actual seller or provider of the product or service and who is responsible for providing that product or service to you. You understand and agree that, when you purchase that product or service by opting to “Purchase” you are purchasing directly from the third party and not from GroupCounseling.com. Further, you agree that GroupCounseling.com may transmit the information provided by you to the third party provider. You agree that the use of that information by the third party provider is governed by the third party provider’s privacy policy which we encourage you to review.

GroupCounseling.com is not in control of these third party sites or providers and is not responsible for the performance or any failure of performance by the third party provider. GroupCounseling.com does not warrant that product or service descriptions or other content of this site or any site linked from or to this site is accurate, complete, reliable, current, or error-free. GroupCounseling.com does not endorse and is not responsible or liable for any content, advertising, products or services on or available from any third party site. Additionally, this web site may contain links to other web sites and, similarly, we make no representation or warranty in relation to any other web site you might access through this web site. When you use a link to access another web site, please understand that it is independent from us, and that we have no control over the content on that web site. A link to another web site does not mean that we endorse or accept any responsibility for the content, use or otherwise of that web site.

9 LIMITATION OF LIABILITY

YOU AGREE THAT USE OF THIS SITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES MADE AVAILABLE TO YOU ON OR THROUGH THIS SITE ARE PROVIDED BY GROUPCOUNSELING.COM ON AN “AS IS” AND “WITH ALL FAULTS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GROUPCOUNSELING.COM DISCLAIMS AND EXCLUDES ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, RELATING TO THIS SITE, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THIS SITE OR USE OF THIS SITE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OR ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE OR BY COURSE OF PERFORMANCE.

YOU AGREE THAT GROUPCOUNSELING.COM IS NOT THE PROVIDER OF THE PRODUCTS AND SERVICES OBTAINED BY YOU THROUGH THIS SITE FROM THIRD PARTIES. YOU AGREE THAT ANY AND ALL CLAIMS REGARDING ANY FAILURE OR BREACH WITH RESPECT TO THE PRODUCTS AND SERVICES OFFERED THROUGH THIS SITE FROM THIRD PARTIES ARE LIMITED TO CLAIMS AGAINST THE THIRD PARTY PROVIDING THOSE PRODUCTS OR SERVICES. GROUPCOUNSELING.COM DISCLAIMS ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING (BUT NOT BEING LIMITED TO) LIABILITY FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, COLLATERAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, WHETHER IN AN ACTION OF CONTRACT, EQUITY, STRICT LIABILITY, STATUTORY, TORT (INCLUDING NEGLIGENCE), OR OTHER THEORY OF LIABILITY (INCLUDING, BUT NOT BEING LIMITED TO, BREACH OF WARRANTY), IN CONNECTION WITH THE PRODUCTS OR SERVICES PROVIDED BY ANY THIRD PARTY THROUGH THIS SITE, INCLUDING (BUT NOT BEING LIMITED TO) LIABILITY FOR ANY ACT, ERROR OR OMISSION OF SUCH THIRD PARTY AND YOU HEREBY RELEASE AND EXONERATE GROUPCOUNSELING.COM FROM ANY LIABILITY WITH RESPECT THERETO.

YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GROUPCOUNSELING.COM IS NOT LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, COLLATERAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, WHETHER IN AN ACTION OF CONTRACT, EQUITY, STRICT LIABILITY, STATUTORY, TORT (INCLUDING NEGLIGENCE), OR OTHER THEORY OF LIABILITY (INCLUDING BREACH OF WARRANTY), INCURRED BY YOU OR ANY OTHER PERSON ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THIS SITE, YOUR USE OF THIS SITE OR ANY SITE LINKED FROM OR TO THIS SITE, OR ANY PRODUCT OR SERVICE OBTAINED ON OR THROUGH THIS SITE OR ANY SITE LINKED FROM OR TO THIS SITE, EVEN IF GROUPCOUNSELING.COM HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES (BUT IS NOT LIMITED TO) THE TRANSMISSION OF ANY VIRUSES OR OTHER HARMFUL COMPONENT. THESE LIMITATIONS AND EXCLUSIONS APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY OR ANY BREACH OR DEFAULT BY GROUPCOUNSELING.COM OR ANY THIRD PARTY PROVIDER.

SOME STATES DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOT BRING, REQUEST, JOIN OR PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION PROCEEDING AS TO ANY CLAIM, DEMAND, SUIT OR CAUSE OF ACTION YOU MAY HAVE AGAINST GROUPCOUNSELING.COM ARISING OUT OF, RELATING TO OR IN ANY WAY CONNECTED WITH THIS SITE OR ANY PRODUCT OR SERVICE OBTAINED ON OR THROUGH THIS SITE, AND YOU WAIVE AND RELINQUISH ANY RIGHT YOU MAY NOW OR IN THE FUTURE HAVE TO BRING, REQUEST, JOIN OR PARTICIPATE IN ANY LAWSUIT OR ARBITRATION OR OTHER PROCEEDING ON A CLASS ACTION OR CONSOLIDATED BASIS OR TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM, DEMAND, SUIT OR CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE, OR ANY PRODUCT OR SERVICE OBTAINED ON OR THROUGH THIS SITE. THIS PROVISION DOES NOT CONSTITUTE A WAIVER OF ANY OF YOUR RIGHTS AND REMEDIES TO PURSUE A CLAIM INDIVIDUALLY, AND NOT ON A CLASS ACTION, CLASS ARBITRATION OR CONSOLIDATED BASIS OR AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS.

10 Third Party Warranty

These Terms of Use do not preclude you from exercising your rights under any warranty offered by any third party whose product or service is obtained by you through this site. If you desire information regarding any warranty for a third party product or service made available by GroupCounseling.com through this site, please contact the third party seller or provider of that product or service directly to obtain a copy of the warranty, if any, offered by that third party seller or provider.

11 Indemnification

You agree to indemnify and hold harmless GroupCounseling.com, it subsidiaries, and affiliates, and their respective officers, directors, employees, agents, servants, contractors, advertisers, partners, and co-branders from and against all liability, loss, injury, damage, cost, expense, including reasonable attorney's fees, claims, and demands that may be made by any third party that arises out of, is connected with, or in any manner related to your use of this site or any site linked from or to this site, your conduct or violation of law in relation to this site, your posting of content on this site, including infringement liability, your violation of these Terms of Use, and your violation of the rights of any other person, including any intellectual, or industrial property or other proprietary right.

12 Reservation of Rights

All rights not expressly granted to you by these Terms of Use are reserved by GroupCounseling.com. GroupCounseling.com reserves the right at all times to suspend or terminate your access to the site, registration, or account, without notice, for any reason whatsoever. Upon termination, suspension or cancellation of your access, registration, or account, all content posted or upload by or relating to you may be deleted or removed by us and will not be retrievable by you. Further, we reserve the right at any time and from time to time to modify this site, its features and functionality, in whole or in part without notice to you. We will not be liable to you or any third party for any modification, suspension, or termination of access to this site, or loss of related information or other content.

13 Applicable Law

Florida law and controlling United States federal law govern any action or proceeding relating to these Terms of Use, and your use of the web site. Choice of law rules of any jurisdiction and the United Nations Convention on Contracts for the International Sale of Goods will not apply to any dispute under these Terms of Use. Any legal action or other judicial proceeding that is brought in relation to this site, these Terms of Use or your use or failure to use this site must be brought in Hillsborough County, Florida.

14 Notice of Claimed Infringement.

Notices of claimed infringement pursuant to Tile 17, United States Code, §512(c)(3), should be sent to the following agent designated pursuant to Title 17, United States Code, §512(c)(2):

GroupCounseling.com, LLC                                             Telephone Number: 800-80-GROUP
705 W Fletcher Ave                                                              Facsimile Number: 813-341-5511
Tampa, FL 33612                                                                Email: CustomerService@GroupCounseling.com

15 Additional Disclaimers

See, the “Disclaimer Policy” which can be accessed from the Site Map page for this web site. The Disclaimer Policy as in effect from time to time is incorporated by reference into and made a part of these Terms of Use.

 

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