Psychology Resources Terms of Use

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE.

By using this site, you signify your assent to the terms and conditions contained in this Agreement. If you do not agree to all of the terms and conditions contained herein, do not use this site.

1. Definitions.

"Psychology-Resources.com" is a web site operated by Psychology Resources consisting of information services and content provided by Psychology Resources, affiliates of Psychology Resources and other third parties. "Client" means each person who accesses Psychology Resources for access to and use of Psychology Resources information.

2. General.

(A) Psychology Resources 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 Psychology Resources.

(B) Psychology Resources does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on Psychology Resources. Reliance on any information provided by Psychology Resources, Psychology Resources employees, others appearing on Psychology Resources at the invitation of Psychology Resources, or other visitors to Psychology Resources is solely at your own risk.

(C) This Agreement, which incorporates by reference other provisions applicable to Client's use of Psychology Resources, sets forth the terms and conditions that apply to Client's use of Psychology Resources. By using Psychology Resources, Client agrees to comply with all of the terms and conditions hereof.

The right to use Psychology Resources is personal to Client and is not transferable to any person or entity.

(D) Psychology Resources shall have the right at any time to change or discontinue any aspect or feature of Psychology Resources, including, but not limited to, content, hours of availability, and equipment needed for access or use.

3. Changed Terms.

Psychology Resources shall have the right at any time to change or modify the terms and conditions applicable to Client's use of Psychology Resources, or any part thereof, or to impose new conditions, including, but not limited to, adding or increasing fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice, which may be given by any means including, but not limited to, posting on Psychology Resources, or by electronic or conventional mail, or by any other means by which Client obtains notice thereof. Any use of Psychology Resources by Client after such notice shall be deemed to constitute acceptance by Client of such changes, modifications or additions.

4. Equipment.

Client shall be solely responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of Psychology Resources and all charges related thereto.

5. Client Conduct.

(A) Client shall use Psychology Resources for lawful purposes only. Client shall not post or transmit through Psychology Resources 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 Psychology Resources restricts or inhibits any other Client from using or enjoying Psychology Resources will not be permitted. Client shall not use Psychology Resources 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 Psychology Resources.

6. Disclaimer of Warranty; Limitation of Liability.

(A) CLIENT EXPRESSLY AGREES THAT USE OF Psychology Resources IS AT CLIENT'S SOLE RISK. NEITHER Psychology Resources, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSERS WARRANT THAT Psychology Resources WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF Psychology Resources, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH Psychology Resources.

(B) Psychology Resources IS 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 MERCHANT ABILITY 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, NEGLIGENCE, 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, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

CLIENT SPECIFICALLY ACKNOWLEDGES THAT Psychology Resources IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CLIENTS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH CLIENT.

(D) IN NO EVENT WILL Psychology Resources, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING Psychology Resources OR THE Psychology Resources SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE Psychology Resources. CLIENT HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON Psychology Resources.

(E) IN ADDITION TO THE FOREGOING, NEITHER Psychology Resources, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN Psychology Resources, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY.
NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER, Psychology Resources, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.

7. Monitoring.

Psychology Resources shall have the right, but not the obligation, to monitor the content of Psychology Resources to determine compliance with this Agreement and any operating rules established by Psychology Resources and to satisfy any law, regulation or authorized government request. Psychology Resources shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on Psychology Resources. Without limiting the foregoing, Psychology Resources shall have the right to remove any material that Psychology Resources, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

8. Indemnification.

Client agrees to defend, indemnify and hold harmless Psychology Resources, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of Psychology Resources by Client or Client's Account.

9. Termination.

Either Psychology Resources or Client may terminate this Agreement at any time. Without limiting the foregoing, Psychology Resources shall have the right to immediately terminate Client's Account in the event of any conduct by Client which Psychology Resources, in its sole discretion, considers to be unacceptable, or in the event of any breach by Client of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section 9 shall survive termination of this Agreement.

10. Miscellaneous.

This Agreement and any operating rules for Psychology Resources constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.

This Agreement shall be construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any dispute with Psychology Resources, or in any way relating to your use of Psychology Resources, resides in the courts of the State of New York and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York in connection with any such dispute including any claim involving Psychology Resources or its subsidiaries, employees, contractors, officers, directors, and content providers.

No waiver by either party of any breach or default here under shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

For any questions or requests other than copyright issues, please contact Psychology Resources.

Psychology Resources
216 N. Michigan Ave Suite 585
Houston, Texas 77058
Attn: Gretchen Browne
(281) 332-5100

14. Children's Privacy.

Psychology Resources is not intended or designed to attract persons under the age of 18. We do not collect information from any person we actually know is under the age of 18.