1. Your Acceptance
BY USING THIS PRODUCT AND/OR VISITING THE WEBSITE (collectively, including all Content available through the MyTherapySession.com domain name, the "MyTherapySession.com Website", or "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Use") AND THE TERMS AND CONDITIONS OF MYTHERAPYSESSION.COM'S PRIVACY NOTICE, WHICH ARE PUBLISHED AT MyTherapySession.com, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use this product or the MyTherapySession.com Website.
2. MyTherapySession, Inc. Educational Materials
These Terms of Use apply to all users of the MyTherapySession.com Website, and this material, including users who are also contributors of video content, information, and other materials or services on the Website. The MyTherapySession.com Website may contain links to third party websites that are not owned or controlled by MyTherapySession.com. MyTherapySession.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, MyTherapySession.com will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve MyTherapySession.com from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the MyTherapySession.com Website and to read the terms and conditions and privacy policy of each other website that you visit.
3. Website Access
A. MyTherapySession.com hereby grants you permission to use the Website as set forth in these Terms of Use, provided that: (I) your use of the Website as permitted is solely for your personal, noncommercial use and with appropriate payment for such usage (II) if it is used for professional purposes, appropriate payment is rendered (III) you will not copy or distribute this product or any part of the Website in any medium without MyTherapySession.com's prior written authorization; (IV) you will not alter or modify any part of this product or the Website; and (V) you will otherwise comply with the terms and conditions of these Terms of Use.
B. In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify MyTherapySession.com immediately of any breach of security or unauthorized use of your account. Although MyTherapySession.com will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of MyTherapySession.com or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the MyTherapySession.com servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, MyTherapySession.com grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. MyTherapySession.com reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website.
4. Intellectual Property Rights
The content on the MyTherapySession.com Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to MyTherapySession.com, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of MyTherapySession, Inc. MyTherapySession, Inc. reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content , you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the MyTherapySession.com Website or features that prevent or restrict use or copying of any Content in other forms or enforce limitations on use of the MyTherapySession.com Website or the Content therein. You understand that when using the MyTherapySession.com Website, you will be exposed to User Submissions from a variety of sources, and that MyTherapySession.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against MyTherapySession.com with respect any content, and agree to indemnify and hold MyTherapySession.com, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site and materials.
MyTherapySession.com permits you to link to materials on the Website for personal, non-commercial purposes only.
5. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE MYTHERAPYSESSION.COM WEBSITE OR OTHER CONTENT PRODUCED BY MYTHERAPYSESSION, INC. SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MYTHERAPYSESSION.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. MYTHERAPYSESSION.COM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, EFFICACY OR COMPLETENESS OF THIS SITE'S CONTENT OR PRODUCTS OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR ITS PRODUCTS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MYTHERAPYSESSION.COM WEBSITE. MYTHERAPYSESSION.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MYTHERAPYSESSION.COM WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MYTHERAPYSESSION.COM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
6. Limitation of Liability
IN NO EVENT SHALL MYTHERAPYSESSION.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR THE CONTENT PROVIDED IN OTHER PRODUCTS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MYTHERAPYSESSION.COM WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT MYTHERAPYSESSION.COM SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Website is controlled and offered by MyTherapySession, Inc. from its facilities in the United States of America. MyTherapySession.com makes no representations that the MyTherapySession.com Website is appropriate or available for use in other locations. Those who access or use the MyTherapySession.com Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
7. Indemnity
You agree to defend, indemnify and hold harmless MyTherapySession.com, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (I) your use of and access to the MyTherapySession.com Website; (II) your violation of any term of these Terms of Use; (III) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (IV) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the MyTherapySession.com Website.
8. Ability to Accept Terms of Use
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. If you are under 18 years of age, then please do not use the MyTherapySession.com Website or other content formats available from MyTherapySession.com.
9. Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MyTherapySession.com without restriction.
10. General
You agree that: (I) the MyTherapySession.com Website shall be deemed solely based in Tennessee; and (II) the MyTherapySession.com Website shall be deemed a passive website that does not give rise to personal jurisdiction over MyTherapySession.com, either specific or general, in jurisdictions other than Tennessee. These Terms of Use shall be governed by the internal substantive laws of the State of Tennessee, without respect to its conflict of laws principles. Any claim or dispute between you and MyTherapySession.com that arises in whole or in part from the MyTherapySession.com Website shall be decided exclusively by a court of competent jurisdiction located in Knox County, Tennessee. These Terms of Use, together with the Privacy Notice at http://www.MyTherapySession.com. and any other legal notices published by MyTherapySession.com on the Website, shall constitute the entire agreement between you and MyTherapySession.com concerning the MyTherapySession.com Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and MyTherapySession.com's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. MyTherapySession.com reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the MyTherapySession.com Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND MYTHERAPYSESSION.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE MYTHERAPYSESSION.COM WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
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