About Stress - Terms & Conditions

TERMS AND CONDITIONS OF USE

Stress Management Institute (“SMI”) provides this Internet site, http://www.AboutStress.com, and pages within that domain and related services (collectively, the “Site”) subject to your compliance with the terms and conditions set forth below. Your continued use of this Site evidences your agreement to them. Please read the following information carefully because it constitutes a legally binding contract between you, SMI, and AboutStress.com. Hereafter known as "SMI"

DISCLAIMER

THERAPY AND/OR COUNSELING ARE NOT OFFERED ON THE SITE. THE SITE PROVIDES GENERAL INFORMATION, SUGGESTIONS, TIPS AND MAY PROVIDE PRODUCTS ONLY. IF YOU ARE HAVING AN EMERGENCY, CRISIS, OR URGENT CONCERN, PLEASE CONTACT 9-1-1 OR OTHER APPLICABLE EMERGENCY ASSISTANCE NEAR YOU, AND SEEK THE IMMEDIATE SERVICES OF YOUR LOCAL MENTAL HEALTH AND/OR CRISIS INTERVENTION PROFESSIONAL, OR LOCAL HEALTH CARE PROVIDER.

SMI makes no claims that of any information or products found on the site or on website links are appropriate for your particular situation, circumstances, or needs. You agree that use of any or every part of the Site is entirely at your own risk. The Site is provided “as is” and SMI makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of information on the Site. SMI cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. SMI will make every effort and use the standard software industry safeguards to ensure the safety of data downloaded from our site. SMI cannot and does not guarantee or warrant that files available for downloading from this Site are free from infection by viruses, worms, Trojan horses or other code that may harm your computer or system. SMI does not warrant that this Site will be delivered to you over the Internet uninterrupted or error-free or that defects will be corrected. Users are responsible for implementing and maintaining adequate procedures and safeguards to ensure data is accurate and to make backup copies of all information supplied to www.AboutStress.com.

Should you rely on any information in bulletin boards or chat sessions, and/or website links which we offer, you do so at your own risk. You assume the risk that the data entered by users in these chat rooms or bulletin boards may be incorrect, inaccurate and/or unsound. No such information by users should be construed as that of a professional. When chat rooms involve chats with professional psychologists, physicians, or other experts they will identify themselves as such. The information and suggestions offered by them in these chats should not replace the advice of a personal health care provider. Professional suggestions are based on the limited knowledge available about you in the context of the chat room. Any serious concern requires the attention of a professional who can evaluate you in person. See a local professional health care provider for these matters.

ADDRESS AND CONTACT INFORMATION

SMI is the “doing business as” name for the practice of Dr. Martin Shaffer, Ph.D. SMI’s address is: 5 3rd Street, San Francisco, CA 94103 U.S.A. You may send email to AboutStress.com through info@AboutStress.com

INTELLECTUAL PROPERTY AND USE OF THE SITE

All text, graphics and multimedia content available from the entry point URL http://www.AboutStress.com and pages within the Site and all related code, including but not limited to HTML, other mark-up languages, and all scripts within this Site are the property of SMI and/or its affiliates. All material on this Site, including (but not limited to) images, illustrations, audio clips and video clips, is protected by copyrights that are owned or controlled by SMI or by other parties that have licensed their material to SMI (or posted to the Site pursuant to a user agreement with SMI). Material from the site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of copyright and other proprietary rights. The use of any such material on any other Web site or computer environment is prohibited.

All trademarks, service marks and logos used on this Site identifiable to third parties are the trademarks, service marks and logos of their respective owners. Any use of our proprietary items as defined above is strictly prohibited, without written permission of SMI.

SMI has made every effort to secure appropriate clearances for all proprietary intellectual properties used on this Site. If you believe any material on this site is infringing, please contact SMI immediately. Pursuant to the Digital Millennium Copyright Act, SMI has a registered agent to receive copyright infringement claims.

You may notify SMI of alleged intellectual property rights infringement by contacting SMI’s Designated Agent, Andrea Mize, at: 5 3rd Street, San Francisco, CA. 94103.

NO WARRANTIES

THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, OR ANY WEBSITE LINK IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. IN PARTICULAR (BUT WITHOUT LIMITATION), SMI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SMI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THE SITE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT SMI) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND ALL SITE-RELATED SERVICES. IN PARTICULAR (BUT WITHOUT LIMITATION), SMI IS NOT RESPONSIBLE FOR THE CONTENT OF ANY SITES THAT MAY BE LINKED TO THIS SITE. THE LINKED SITES ARE FOR YOUR CONVENIENCE ONLY, AND YOU ACCESS THEM AT YOUR OWN RISK.

AS STATED ABOVE UNDER THE CAPTION “DISCLAIMER”, THERAPY AND/OR COUNSELING ARE NOT OFFERED ON THE SITE. SEEK THE IMMEDIATE ASSISTANCE OF EMERGENCY PERSONNEL / MENTAL HEALTH PROFESSIONALS, OR CALL “9-1-1” IF YOU ARE EXPERIENCING AN EMERGENCY OR CRISIS. Although SMI 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 inaccuracies or 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 SMI so that it can be corrected.

LIMITATION OF LIABILITY

SMI, its affiliates and sponsors, are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to the Site, Site-related services and/or content, or information contained within the Site. Your sole remedy for dissatisfaction with the Site and/or Site-related services is to stop using the Site and/or those services.

POSTED INFORMATION AND INTERNET SERVICES PROVIDED BY SMI

The information and opinions expressed on user Web pages or in website links, bulletin boards, chat rooms, or other forums conducted on the site are not those of SMI or its affiliated or related entities or content providers. SMI merely provides the Internet Services by which third parties are able to post information to certain AboutStress.com Site areas. While SMI may remove any such content provided by third parties for any reason whatsoever, SMI does not undertake to review or monitor all such discussions or Web page content. SMI makes no representations or warranties regarding that information or those opinions. Neither SMI nor its affiliated or related entities or its content providers are responsible or liable to any person or entity whatsoever, including (without limitation) persons who may use or rely on such data or materials, or to whom such data or materials may be furnished, for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided at the Site.

Any information provided by you to the Site is subject to our Privacy Policy, “Privacy Policy” and is therefore kept in the strictest of confidence; provided, however, pursuant to our Privacy Policy, by providing any information to SMI through a non-private chat or by posting to a bulletin board, you grant to SMI a non-exclusive, worldwide, royalty-free, perpetual license to any Web page information (including but not limited to text, graphics, video, and sound, but excluding information which could identify you), notes, message or billboard postings, ideas, suggestions, concepts or other material (all such content being referred to as “User Content”). You hereby grant to SMI the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any material and other information (including ideas for new and improved products) of all such User Content. When you submit User Content to the Site, you agree that SMI has the right to publish or use such material for any type of use as outlined above, including promotional and advertising purposes.

SMI is not responsible for any material posted on our forums. You shall not submit or otherwise publish through such forums any content that: (a) libels, defames, invades privacy, or is obscene, pornographic, abusive, or threatening; (b) infringes any intellectual property or other right of any entity or person, including (but not limited to) violating anyone’s copyrights or trademarks (by way of example, you shall not use the term “Little League” and understand and agree that “Little League” is a trademark of Little League Inc. If a third party notifies SMI of your trademark violation, including, without limitation, the Little League trademark, SMI shall be forced to remove said material without notice to you); (c) violates any law; (d) advocates illegal activity; or (e) advertises or otherwise solicits funds or is a solicitation for goods or services. You agree to indemnify SMI and its officers, directors, employees, agents, distributors and affiliates from and against any and all third-party claims, demands, liabilities, costs or expenses, including reasonable attorney’s fees, resulting from your breach of any of the foregoing agreements, representations and warranties.

LIMITED DISTRIBUTION AND TERRITORIAL CONSIDERATIONS

Unless otherwise specified, all materials in the Site are presented solely for general informational purposes in the United States, its territories, possessions and protectorates. This Site is controlled and operated by SMI from its offices within the State of California, U.S.A. SMI makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Use of or access to the Site should not be construed as the purposeful availability of the benefits or privilege of doing business in any state other than the State of California by SMI.

OPERATION

SMI reserves the right to withdraw, suspend or discontinue any functionality or features in the Site, including the cessation of all activities associated with the Site.

GENERAL PROVISIONS

This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely with such state. Any action you, any third party, or SMI bring to enforce this agreement, or in connection with any matters related to this site, shall be brought only in either the state or Federal courts located in San Francisco County, California. You expressly consent to the jurisdiction of said courts.

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed sever able from this agreement, and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters set forth herein, and shall not be modified except in writing, signed by SMI.

SMI reserves the right to change or update these terms and conditions of use at any time. Any changes or updates will be effective immediately upon posting to the site.