User Agreement Regarding Online Advice Service
This is a legal agreement between you the Customer and ______________________________
(Name of Counselor or Organization) hereinafter referred to as Consultant, and states the
terms that govern your use of the Consultant’s (the Website ) and any services or information
provided to you by Consultant . By using the Website, and/or by receiving services or
information provided by Consultant , you agree to comply with and be bound by these Terms of
Use (this Agreement ). This Agreement is subject to changes, updates and additional terms,
rules and polices, which are effective upon posting on the Website. You agree to be bound to
any changes to this Agreement when you use the Website or receive any services or
information from Consultant after the changes are posted. IF YOU OBJECT TO ANY TERMS
OF THIS AGREEMENT OR ANYTHING IN THE WEBSITE, DO NOT USE THE WEBSITE. DO
NOT RECEIVE OR ACCEPT ANY SERVICES OR INFORMATION FROM CONSULTANT .
Services of Consultant
Consultant is an online resource to obtain advice on common life issues. Services offered
through the Website are limited to providing a single email response containing advice to the
average adult, on issues such as handling stress, marital problems, employment matters, family
disputes and the like (the Services ). Only adult Customer s (18 years or older) may use the
Services. A Customer seeking advice can submit an online description of his or her issue and
purchase the Services offered through the Website. The Services will be provided by
Consultant.
THE CONSULTANT IS NOT A LICENSED PSYCHOLOGIST, MENTAL HEALTH
COUNSELOR, SOCIAL WORKER, MARRIAGE OR FAMILY THERAPIST, OR DOCTOR.
CONSULTANT 'S SERVICES DO NOT INCLUDE EVALUATION, ASSESSMENT,
DIAGNOSIS, TREATMENT OR PREVENTION OF ANY EMOTIONAL OR MENTAL
DISORDERS OR BEHAVIORS. IF YOU HAVE AN EMERGENCY YOU SHOULD CALL 911
OR CONTACT A LICENSED MENTAL HEALTH PROFESSIONAL.
If you are an adult over the age of 18 and wish to use the Website and to receive any Services
or information from Consultant , which includes, without limitation, your providing personal and
private information for the purposes of engaging Consultant to provide Services to you, please
read this Agreement and indicate your acceptance by clicking " I AGREE" where indicated in the
box below. IF YOU DO NOT AGREE TO THE TERMS IN THIS AGREEMENT, DO NOT
CLICK "I AGREE," AND DO NOT USE THE WESBITE. DO NOT RECEIVE OR ACCEPT
ANY SERVICES OR INFORMATION FROM CONSULTANT . Consultant may refuse you
access to the Website if you fail and/or refuse to comply with any part of this Agreement. If this
Agreement between you and Consultant terminates, the provisions of this Agreement intended
to survive termination still will remain in effect. In the event that this Agreement is inconsistent
with a subsequent Agreement entered into between you and Consultant , the terms of the
subsequent Agreement shall control.
Eligibility and Security
Your use of the Website is void where prohibited. CONSULTANT SHALL USE REASONABLE
EFFORTS TO PROTECT INFORMATION YOU SUBMIT IN CONNECTION WITH THE
WEBSITE, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH
INFORMATION IS AT YOUR SOLE AND EXCLUSIVE RISK, AND CONSULTANT SHALL NOT
HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE RELATING TO DISCLOSURE
OF SUCH INFORMATION.
Prohibited Use
You may not use the Website in connection with any commercial activity or for financial gain
unless Consultant has given its written consent to such use. Any use of the Website to collect
visitor's email addresses, by electronic or other means, for the purpose of sending unsolicited
commercial email, spam or computer viruses is an unauthorized use of the Website.
Consultant reserves the right to undertake legal action for any illegal and/or unauthorized use of
the Website.
Customer Acknowledgement
The Customer hereby acknowledges and agrees that:
1. Consultant 's Advice
Consultant has no formal education, training or experience in the evaluation,
assessment, diagnosis, treatment and prevention of emotional and mental disorders and
behaviors. Consultant is not a licensed psychologist, mental health counselor, social worker,
marriage or family therapist, or doctor.
2. Consultant 's Services do not include evaluation, assessment, diagnosis, treatment or
prevention of any emotional or mental disorders or behaviors.
3. The Services provided by Consultant are limited to providing one email response to a
question or issue posed by a Customer who has paid in advance for the Services.
4. The links provided on this Website are for informational purposes only. Consultant does
not warrant the accuracy, completeness or quality of any information contained on websites
owned or maintained by third parties.
Customer 's Responsibilities, Representations and Warranties
1. The Customer shall not request from Consultant any evaluation, assessment, diagnosis,
treatment or prevention of any emotional or mental disorders or behaviors.
2. In the event of any emergency, the Customer shall dial 911 or contact a licensed mental
health professional.
3. The Customer shall not provide any confidential or private information to Consultant .
The Customer fully assumes the risk of disclosure of any confidential or private information
provided to Consultant .
4. The Customer shall pay for the Services in advance.
Consultant 's Rights
Consultant reserves the right to remove, block and/or delete your information from its database
without warning if you violate this Agreement. Consultant reserves the right to take any action
that Consultant deems in its sole and absolute discretion reasonably necessary or appropriate
to enforce and/or verify your compliance with any part of this Agreement and to cooperate with
any legal process relating to your use of the Website, and/or to investigate a third party claim
that your use of the Website is unlawful and/or infringes such third party's rights. You agree that
Consultant has the right, without liability to you, to disclose any information you provide to any
third party, as Consultant deems, in its sole and absolute discretion, reasonably necessary or
appropriate to enforce and/or verify compliance with any part of this Agreement, to cooperate
with any legal process relating to your use of the Website, and/or to investigate a third party's
claim that your use of the Website is unlawful and/or infringes such third party's rights.
Consultant reserves the right to reject and refuse to accept any information you provide, and to
delete, remove or edit any information you provide any time, for any reason, in Consultant 's sole
and absolute discretion and without prior notice or liability. Consultant reserves the right, in its
sole and absolute discretion, to restrict, suspend, or terminate your access to all or any part of
the Website at any time, for any or no reason, with or without prior notice, and without liability.
You agree that Consultant may store and use the information you provide (including PayPal
account information) for its own use in maintaining your account and billing fees to your PayPal
account.
Consultant 's Content
Consultant owns and retains all proprietary rights in the Website, which contains copyrighted
text, information, video recordings, audio recordings, works of authorship and images created
by or on behalf of Consultant , trademarks, and other proprietary information and intellectual
property of Consultant and its licensors ( Consultant Content ). Except for that Consultant
Content which is in the public domain, for which Consultant or its licensors have given you
express written permission, you may not license, transfer, copy, modify, publish, transmit,
distribute, display, or sell any such Consultant Content.
Authorization, License and Release
You unconditionally authorize and grant Consultant the non-exclusive authority, right and
license to publish, distribute, display and commercially use your initials and information you
submit to the Website, in any media, whether print, audio, video, radio, television, film or
internet, in and on the Website, and to promote, advertise or publicize the Website. You forever
release, on behalf of yourself, your heirs and your personal representatives, Consultant and its
shareholders, officers, directors, agents, representatives, employees, assigns, affiliates,
successors and any person or entity in privity therewith, of and from any and all claims, lawsuits,
damages and actions that you could assert in the future arising from or relating to this
Authorization, License and Release including, without limitation, claims for royalties,
trademark/copyright infringement, defamation, libel, slander, emotional distress, false light,
invasion of right to privacy, infringement on the right to publicity, attorney's fees, compensatory
damages and punitive damages.
Copyright Policy
You may not post, publish, distribute, display or reproduce in any way any copyrighted material,
trademarks, or other proprietary information without obtaining the prior written consent of the
owner of such proprietary rights. If you believe that your work has been copied and posted on
the Website in a way that constitutes copyright infringement, please provide Consultant with the
following information: an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest; a description of the copyrighted work that you claim
has been infringed; a description of where the material that you claim is infringing is located on
the Website; your address, telephone number, and email address; a written statement by you
that you have a good faith belief that the disputed use is not authorized by the copyright owner,
its agent, or the law; a written statement signed by you, made under penalty of perjury, that the
above information in your notice is accurate and that you are the copyright owner or authorized
to act on the copyright owner's behalf.
Computer System Integrity
Consultant does not represent, warrant, guarantee or promise that the Website will be free from
loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and
Consultant disclaims any liability relating thereto. You are responsible for backing up your own
computer system. Consultant is not responsible for any error, omission, interruption, deletion,
defect, delay in operation or transmission, communications line failure, change of email
address, theft or destruction or unauthorized access to, or alteration of, any Consultant Content
or email message. Consultant is not responsible for any problems or technical malfunction of
any telephone network or lines, computer online systems, servers or providers, computer
equipment, software, failure of any email or account information due to technical problems,
change of email address, or traffic congestion on the Internet or on the Website or combination
thereof, including any injury or damage to you or to your computer related to or resulting from, in
whole or in part, any use of the Website.
Electronic Signatures and Payment
Your use of the Website includes the ability to enter into agreements and/or to make purchases
electronically. You acknowledge that your electronic submissions constitute your agreement and
intent to be bound by and to pay for such agreements and purchases. You agree to pay for any
and all services you purchase through the Website, and that Consultant may charge your
PayPal account for any services you purchase, and for any additional amounts (including any
taxes and late fees, as applicable) as may be incurred by or in connection with your account.
YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR
PROVIDING CONSULTANT WITH VALID PAYPAL ACCOUNT DETAILS FOR PAYMENT OF
ALL FEES. All fees will be billed to the PayPal account you designate. If there is a change in
your PayPal account or status, you must change your PayPal account information contained in
your account. Consultant may disable or terminate your account until it verifies the validity of
the new PayPal account information. Fees and availability of any service are subject to change
at any time.
Legal Compliance
The Website is controlled and operated by Consultant from his/her offices in the United States.
You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and
regulations that apply to your use of the Website.
DISCLAIMERS
CONSULTANT DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE
OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT
CONSULTANT MAY DISABLE THE WEBSITE INDEFINITELY OR PERMANENTLY WITHOUT
NOTICE TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE,
THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, AND ANY PRODUCTS AND/OR
SERVICES PROVIDED THROUGH THE WEBSITE ARE PROVIDED AS IS AND WHEN
AVAILABLE FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, AND EXCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. CONSULTANT DOES NOT GUARANTEE,
REPRESENT, OR WARRANT THE QUALITY, MERCHANTABILITY, FITNESS,
APPROPRIATENESS, SAFETY OR NECESSITY OF THE INFORMATION ON THIS WEBSITE
OR OF THE SERVICES YOU MAY REQUEST. YOU EXPRESSLY AGREE THAT THE
INFORMATION PROVIDED ON THIS WEBSITE AND THE SERVICES, OR CONSULTANT 'S
INABILITY TO PROVIDE THE SERVICES, IS AT YOUR SOLE RISK. THE SERVICES ARE
PROVIDED "AS IS" AND "WHEN AVAILABLE," WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, AND EXCLUDING ALL IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BECAUSE SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE
ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
Limitation of Liability
In no event shall Consultant , his/her employees, representatives, affiliates, agents, contractors,
licensors, successors or assigns be liable for any direct, indirect, incidental, punitive, special, or
consequential damages arising from your use of the Website or for any other claim related in
any way to your use of the Website, even if Consultant knows of the possibility of such loss or
damage. In no event shall Consultant , his/her employees, representatives, affiliates, agents,
contractors, licensors, successors or assigns be liable for any direct, indirect, incidental,
punitive, special, or consequential damages, including, without limitation, personal injury,
wrongful death, disability, pain and suffering, lost wages, lost profits or revenues, arising from
your use or receipt of the Website or the Services or any services provided by a third party in
relation thereto, even if Consultant knows of the possibility of such loss or damage. In no event
shall Consultant 's liability to you exceed the total price you pay to Consultant for the Services
causing the claimed loss or damage. Because some states or jurisdictions do not allow the
exclusion or the limitation of liability for consequential or incidental damages, in such states or
jurisdictions, Consultant 's liability shall be limited to the extent permitted by law. Your obligations
under this paragraph shall survive the termination or cancellation of this Agreement.
Release and Indemnity
By using the Website, you and on behalf of your spouse, domestic partner, heirs, executors,
personal representatives, successors and assigns, agree to release Consultant , his/her
employees, representatives, affiliates, agents, contractors, licensors, successors, assigns and
any person and entity in privity therewith from and against any and all claims for costs,
expenses, negligence, personal injuries, malpractice, wrongful death, property damage, lost
wages, lost income, attorney's fees, compensatory damages, consequential damages and
punitive damages, arising out of arising from or relating to, whether directly or indirectly, in
whole or in part, your breach of this Agreement, your use of the Website, any act or omission by
Consultant with respect to the Services or by any person or entity providing services to you in
referral from Consultant . The Customer 's obligations under this paragraph shall survive the
termination or cancellation of this Agreement. You and on behalf of your spouse, domestic
partner, heirs, executors, personal representatives, successors and assigns, agree to indemnify,
defend and hold harmless Consultant , his/her employees, representatives, affiliates, agents,
contractors, licensors, successors, assigns and any person and entity in privity therewith from
and against any loss, liability, claim, or demand, including reasonable attorneys' fees, made,
alleged or asserted by any third party due to, arising from or relating to, whether directly or
indirectly, in whole or in part, your use of the Website, whether in violation of this Agreement or
otherwise, any act or omission by the Customer or the Customer 's breach of this Agreement.
The Customer 's obligations under this paragraph shall survive the termination or cancellation of
this Agreement.
Notices
Consultant may send you a notice by sending an email message to the email address listed in
your registration or contact information or by sending a letter via United States postal mail to the
contact address listed in your registration or contact information. Notices shall become effective
immediately.
Governing Law, Venue, Jurisdiction and Mandatory Arbitration
The laws of the State of _______________________ (Name of State ), excluding its conflicts of
law rules, govern this Agreement and your use of the Website. Your use of the Website may
also be subject to other local, state, national, or international laws. Any dispute under this
Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the
parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators
shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The
arbitration shall be governed by the rules of the American Arbitration Association then in force
and effect.
Miscellaneous
This Agreement constitutes the entire agreement between you and Consultant and governs
your use of the Website, superseding any prior agreements between you and Consultant .
Consultant 's failure to enforce any right or provisions in this Agreement shall not constitute a
waiver of such provision, or any other provision of this Agreement. If any provision of this
Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, the other
provisions will remain in full force and effect.
[ ] I AGREE TO THE FOREGOING USER AGREEMENT.
