PsyCorp.com Web Site Agreement
The psycorp.com Web Site (the "Site") is an online information service
provided by Robert F. Hicks, Ph.D. A Psychological Corporation, subject to your
compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT
CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO
BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY
THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. PSYCORP.COM MAY MODIFY
THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON
POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT
PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE
SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright and trademark
laws. Except where noted, the owner of the copyrights and trademarks is Robert F. Hicks,
Ph.D.. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR
DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR
SOFTWARE. Where specified, you may print and download portions of material from the
different areas of the Site solely for your own non-commercial use provided that you agree
not to change or delete any copyright or proprietary notices from the materials. You agree
to grant to psycorp.com a non-exclusive, royalty-free, worldwide, perpetual license, with
the right to sub-license, to reproduce, distribute, transmit, create derivative works of,
publicly display and publicly perform any materials and other information (including,
without limitation, ideas contained therein for new or improved products and services) you
submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or
by e-mail to psycorp.com by all means and in any media now known or hereafter developed.
You also grant to psycorp.com the right to use your name in connection with the submitted
materials and other information as well as in connection with all advertising, marketing
and promotional material related thereto. You agree that you shall have no recourse
against psycorp.com for any alleged or actual infringement or misappropriation of any
proprietary right in your communications to psycorp.com.
TRADEMARKS.
Psycorp.com, and/or any other names of psycorp.com or its publications, products,
content or services referenced herein or on the Site are the exclusive trademarks or
servicemarks of psycorp.com. Other product and company names mentioned in the Site may be
the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information, products or services clearly identified as
being supplied by psycorp.com, psycorp.com does not operate, control or endorse any
information, products or services on the Internet in any way. Except for psycorp.com-
identified information, products or services, all information, products and services
offered through the Site or on the Internet generally are offered by third parties that
are not affiliated with psycorp.com. You also understand that psycorp.com cannot and does
not guarantee or warrant that files available for downloading through the Site will be
free of infection or viruses, worms, Trojan horses or other code that manifest
contaminating or destructive properties. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements for accuracy of data
input and output, and for maintaining a means external to the Site for the reconstruction
of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET.
PSYCORP.COM PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE
ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING
WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY
MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY, AND PSYCORP.COM SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER
DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO
EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES,
MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY. PSYCORP.COM DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR
ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
LIMITATION OF LIABILITY
IN NO EVENT WILL PSYCORP.COM BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR
INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE,
OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF
PSYCORP.COM OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE
SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES,
PSYCORP.COM'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
psycorp.com makes no representations whatsoever about any other web site which you may
access through this one or which may link to this Site. When you access a non-psycorp.com
Web site, please understand that it is independent from psycorp.com, and that psycorp.com
has no control over the content on that Web site. In addition, a link to a psycorp.com Web
site does not mean that psycorp.com endorses or accepts any responsibility for the
content, or the use, of such Web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless psycorp.com, its officers, directors,
employees, agents, licensors, suppliers and any third party information providers to the
Service from and against all losses, expenses, damages and costs, including reasonable
attorneys' fees, resulting from any violation of this Agreement (including negligent or
wrongful conduct) by you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for
the benefit of psycorp.com and its officers, directors, employees, agents, licensors,
suppliers, and any third party information providers to the Service. Each of these
individuals or entities shall have the right to assert and enforce those provisions
directly against you on its own behalf.
5.Term; Termination.
This Agreement may be terminated by either party without notice at any time for any
reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use
of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall
survive any termination of this Agreement.
6.Miscellaneous.
This Agreement shall all be governed and construed in accordance with the laws of the
State of California applicable to agreements made and to be performed in California. You
agree that any legal action or proceeding between psycorp.com and you for any purpose
concerning this Agreement or the parties' obligations hereunder shall be brought
exclusively in a federal or state court of competent jurisdiction sitting in California.
Any cause of action or claim you may have with respect to the Service must be commenced
within one (1) year after the claim or cause of action arises or such claim or cause of
action is barred. PsyCorp.com's failure to insist upon or enforce strict performance of
any provision of this Agreement shall not be construed as a waiver of any provision or
right. Neither the course of conduct between the parties nor trade practice shall act to
modify any provision of this Agreement. psycorp.com may assign its rights and duties under
this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are
reserved.
COPYRIGHT NOTICE. Copyright 1998 psycorp.com, P.O
Box 458 Alamo, California 94507. All rights reserved |