Welcome to our site.
PsycTech, Ltd. maintains this Web site
as a service to our customers. By subscribing
to the interactive self-help program designed
to help individuals reduce or stop picking/biting
their skin (the "Program") offered
on our www.StopPicking.com site (the "Site"),
you are agreeing to comply with and be
bound by the following terms of use. Please
review the following terms carefully.
If you do not agree to these terms, you
should not review information or subscribe
to the program offered on this site.
1. Acceptance
of Agreement.
You agree to the terms and conditions outlined
in this Terms of Use Agreement ("Agreement")
with respect to your subscription to the
Program offered on the Site. This Agreement,
constitutes the entire and only agreement
between us and you, and supersedes all
prior or contemporaneous agreements, representations,
warranties and understandings with respect
to the Site, the content, products or
services provided by or through the Site,
and the subject matter of this Agreement.
This Agreement may be amended at any time
from time to time by us without specific
notice to you. The latest Agreement will
be posted on the Site, and you should
review this Agreement prior to using the
Site.
2. Intellectual
Property.
The content, organization, graphics, design,
compilation, magnetic translation, digital
conversion and other matters related to
the Program and the Site are confidential
and proprietary information (the "Information")
protected under applicable copyrights,
trademarks and other proprietary (including
but not limited to intellectual property)
rights. The copying, redistribution, use
or publication by you of any such Information
or any part of the Site, except as allowed
by Section 3, is strictly prohibited.
You do not acquire ownership rights to
any content, document, materials or other
Information viewed through the Site. The
posting of Information on the Site does
not constitute a waiver of any right in
such Information. You agree to keep all
Information on the Site confidential and
not to disclose, directly or indirectly,
any Information to any third party.
3. Limited Right to
Use.
The viewing, printing and downloading
of any content, graphic, form, document
or other Information from the Site grants
you only a limited, nonexclusive license
for use solely by you for your own personal
use and not for republication, distribution,
assignment, sublicense, sale, preparation
of derivative works or other use. No part
of any content, form or document may be
reproduced in any form or incorporated
into any information retrieval system,
electronic or mechanical, other than for
your personal use (but not for resale
or redistribution). No linking to the
Site is permitted without the prior written
permission of PsycTech, Ltd.
4. Editing,
Deleting and Modification.
We reserve the right in our sole discretion
to edit or delete any documents, information
or other content appearing on the Site.
5. Indemnification.
You agree to indemnify, defend and hold
us and our partners, attorneys, staff
and affiliates (collectively, "Affiliated
Parties") harmless from any liability,
loss, claim and expense, including reasonable
attorneys' fees, related to your violation
of this Agreement or use of the Site.
6. Nontransferable.
Your right to use the Site is not transferable.
Any password or right given to you to
obtain information or documents is not
transferable.
7. Disclaimer
and Limits.
StopPicking.com IS AN INTERACTIVE SELF-HELP
PROGRAM DESIGNED TO ASSIST PEOPLE MODIFY
THEIR OWN BEHAVIOR. THE PROGRAM IS NOT
THERAPY AND IS NOT INTENDED TO REPLACE
THERAPY. THE PROGRAM DOES NOT PURPORT
TO CURE SELF-INJURIOUS SKIN PICKING. StopPicking.com
DOES NOT GUARANTEE SUCCESS WITH THE PROGRAM.
RESULTS OF THE PROGRAM ARE DIFFERENT FOR
EVERY PERSON. YOU USE THE PROGRAM AT YOUR
OWN RISK. IF YOU HAVE ANY QUESTIONS ABOUT
THE PROGRAM, YOU SHOULD CONSULT WITH A
MEDICAL PROFESSIONAL.
THE INFORMATION FROM OR THROUGH THE SITE
IS PROVIDED "AS IS," "AS
AVAILABLE," AND ALL WARRANTIES, EXPRESS
OR IMPLIED, ARE DISCLAIMED (INCLUDING,
BUT NOT LIMITED TO, THE DISCLAIMER OF
ANY IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE).
THE INFORMATION, SERVICES AND PROGRAMS
MAY CONTAIN BUGS, ERRORS, PROBLEMS OR
OTHER LIMITATIONS. WE AND OUR AFFILIATED
PARTIES HAVE NO LIABILITY WHATSOEVER FOR
YOUR USE OF ANY INFORMATION, SERVICE OR
PROGRAM. IN PARTICULAR, BUT NOT AS A LIMITATION
THEREOF, WE AND OUR AFFILIATED PARTIES
ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING
DAMAGES FOR LOSS OF BUSINESS, LOSS OF
PROFITS, LITIGATION, OR THE LIKE), WHETHER
BASED ON BREACH OF CONTRACT, BREACH OF
WARRANTY, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY OR OTHERWISE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE NEGATION OF DAMAGES SET FORTH ABOVE
IS A FUNDAMENTAL ELEMENT OF THE BASIS
OF THE BARGAIN BETWEEN US AND YOU. THIS
SITE AND THE INFORMATION WOULD NOT BE
PROVIDED WITHOUT SUCH LIMITATIONS. NO
ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM US THROUGH
THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION
OR GUARANTEE NOT EXPRESSLY STATED IN THIS
AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY
DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN
THE ELECTRONIC FILE CONTAINING THE FORM,
DOCUMENT OR PROGRAM IS DISCLAIMED. WE
WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY
KIND THAT MAY RESULT FROM USE OF OR INABILITY
TO USE OUR SITE. OUR MAXIMUM LIABILITY
TO YOU UNDER ALL CIRCUMSTANCES WILL BE
EQUAL TO THE PURCHASE PRICE YOU PAY FOR
ANY GOODS, SERVICES OR INFORMATION.
8. Use of Information.
We reserve the right, and you authorize
us, to use and assign all information
regarding Site uses by you and all information
provided by you in any manner consistent
with our Privacy Policy.
9. Privacy Policy.
Our Privacy Policy, as it may change from
time to time, is a part of this Agreement.
10. Payments.
You represent and warrant that if you
subscribe to our Program, (i) any credit
information you supply is true and complete,
(ii) charges incurred by you will be honored
by your credit card company, and (iii)
you will pay the charges incurred by you
at the posted prices, including any applicable
taxes.
11. Links to
Other Web Sites.
The Site contains links to other Web sites.
We are not responsible for the content,
accuracy or opinions express in such Web
sites, and such Web sites are not investigated,
monitored or checked for accuracy or completeness
by us. Inclusion of any linked Web site
on our Site does not imply approval or
endorsement of the linked Web site by
us. If you decide to leave our Site and
access these third-party sites, you do
so at your own risk.
12. Links to
Our Web Site.
Links to our Site are not permitted without
the prior written permission of PsycTech,
Ltd.
13. Cancellation
Policy
If a program purchased by you proves to
be defective or not to your reasonable
satisfaction, you may cancel your subscription
at any time by choosing the "Cancel"
option under your Account page. Please
read all about the program and our Terms
of Use policy before purchasing as PsycTech,
Ltd does not issue refunds. This Section
13 sets forth your sole and exclusive
right to refund and return.
14. Use of Progeam by Minors
All persons under the age of 18 years wishing to subscribe to the program must obtain parental consent for use of a credit card.
15. Miscellaneous.
This Agreement shall be treated as though
it were executed and performed in Houston,
Texas, and shall be governed by and construed
in accordance with the laws of the State
of Texas (without regard to conflict of
law principles). Any cause of action by
you with respect to the Site (and/or any
information, products or services related
thereto) must be instituted within one
(1) year after the cause of action arose
or be forever waived and barred. All actions
shall be subject to the limitations set
forth in Section 7. The language in this
Agreement shall be interpreted as in accordance
with its fair meaning and not strictly
for or against either party. All legal
proceedings arising out of or in connection
with this Agreement shall be brought solely
in Houston, Texas. You expressly submit
to the exclusive jurisdiction of said
courts and consent to extraterritorial
service of process. Should any part of
this Agreement be held invalid or unenforceable,
that portion shall be construed consistent
with applicable law and the remaining
portions shall remain in full force and
effect. To the extent that anything in
or associated with the Site is in conflict
or inconsistent with this Agreement, this
Agreement shall take precedence. Our failure
to enforce any provision of this Agreement
shall not be deemed a waiver of such provision
nor of the right to enforce such provision.
|