- "Subscriber" or "Subscribers" refers to any organizations, companies or individuals in the process of submitting or who have submitted information to Company for the purpose of being added to the Internet-accessible and searchable databases owned and operated by Company.
- "User" or "Users" refers to any organizations, companies or individuals using any portion of the Counsel-search.com website.
- "Directory" refers to the Internet-accessible, searchable database of Subscribers developed and maintained by Company, and delivered via the Counsel-search.com website.
Conditions of Use
The Counsel-search.com website is provided as a service to the Marriage & Family Counselor community and to individuals seeking the services of Marriage & Family Counselors. You are authorized to use certain of the Counsel-search.com website content as described below. Except for the authorized uses described in the following paragraphs, you may not copy, download, distribute, reproduce or otherwise use any portion of the Counsel-search.com website, including, without limitation, the "look and feel" of the Counsel-search.com website, the Company logo and other commercial indicia, or the programming code underlying the Counsel-search.com website. You may not programmatically copy Third Party Content Provider information, e.g., through techniques known as "spidering" or "screen scraping" or through any other electronic means.
Company does not guarantee the accuracy of any Directory listing. The inclusion of a listing in the Directory does not constitute an endorsement by Company. Company assumes no liability for any interactions between you and any other user of Counsel-search.com, including but not limited to all companies, organizations and individuals listed within or using the Directory.
THIS COUNSEL-SEARCH.COM WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL INFORMATION AND RELATED SERVICES, IS PROVIDED "AS IS," "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND COMPANY HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. COMPANY DOES NOT WARRANT THAT THE SITE, THE INFORMATION OR RELATED SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. COMPANY MAKES NO WARRANTY THAT THE COUNSEL-SEARCH.COM WEBSITE, INFORMATION OR RELATED SERVICES WILL MEET YOUR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE COUNSEL-SEARCH.COM WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THIS COUNSEL-SEARCH.COM WEBSITE, INFORMATION OR THE RELATED SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THIS COUNSEL-SEARCH.COM WEBSITE AND/OR SUCH INFORMATION AND/OR RELATED SERVICES.
Company makes no commitment to update or correct any Information that appears on the Internet or on this COUNSEL-SEARCH.COM WEBSITE.
Limitation of Liability
IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THIS COUNSEL-SEARCH.COM WEBSITE OR THE INFORMATION, FUNCTIONALITY AND SERVICES RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL COMPANY BE LIABLE FOR OR IN CONNECTION WITH ANY INFORMATION OR OTHER CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF YOU OR OTHER PERSONS ON OR THROUGH THIS COUNSEL-SEARCH.COM WEBSITE.
You agree to defend, indemnify and hold Company, its Content Providers and their respective directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your misuse of this Counsel-search.com website, your use or transmission of any Information, other content, software, services or other materials from the Counsel-search.com website, or your breach or violation of the law or of these Terms and Conditions.
The Counsel-search.com website may request and collect certain personally identifiable information through various means such as online forms, online applications, e-mail, and comments submitted to the Counsel-search.com website. Company uses the information that you provide for such purposes as processing and responding to requests, improving its operations, and communicating with visitors about Company products, services and businesses. Company will not provide personally identifiable information collected from you to any third party, including individuals, organizations, and businesses that have contributed information to this Counsel-search.com website (collectively, "Content Providers"), unless you specifically authorize us to do so, i.e. by submitting information for the purpose of contacting an organization, company or individual listed within the Directory (i.e. you are a User attempting to contact a Subscriber) or by submitting information for use by the Directory (i.e. you are a Subscriber).
The Counsel-search.com website web server also automatically collects non-personally-identifiable information such as the domain name of the site providing you with Internet access, but not, for example, your name or email address. Other examples of information collected by the Counsel-search.com website server include the Internet protocol ("IP") address used to connect your computer to the Internet, your browser type and version, operating system and platform, the average time spent on the Counsel-search.com website, the pages viewed, information searched for, access times and other relevant statistics. Company uses this information in the aggregate to measure the use of its web site, to diagnose problems, remember user preferences and to administer and improve the web site and related services. Company does not share non-personally-identifiable information in whole or part with Content Providers or other third parties.
As with many web sites, Company may use "cookies" and/or other technology such as tracker GIFs (collectively, "Tracking Technologies") in the Counsel-search.com website or in our communications with you to enhance the functionality of the Counsel-search.com website and to make your transactions and other activities more convenient and efficient. These Tracking Technologies may vary, but in some cases may involve a small file stored locally on the computer used to access the Counsel-search.com website, and may be used by Company to store and collect information relating to your viewing and use of the Counsel-search.com website and Company' communications with you. You may set your web browser software not to accept cookies, but, if so, certain functionality of the Counsel-search.com website may be affected. Neither Company nor the Content Providers for this Counsel-search.com website shall be liable for your inability to access or use this Counsel-search.com website or any portion of this Counsel-search.com website as a result of settings on your browser that prevent cookies.
Third parties (including, but not limited to, Content Providers) may also use Tracking Technologies by or through this Counsel-search.com website. Company has no control over what information such third parties track or collect, and Company shall have no responsibility or liability for any tracking, data collection or other activities of such third parties.
To the extent required or permitted by law, Company may also collect, use and disclose personally-identifiable information collected from you in connection with duly authorized security related or law enforcement investigations, and in the course of cooperating with authorities or complying with legal requirements.
The Counsel-search.com website may contain e-mail addresses to Content Providers ("Third Party E-mail Addresses") and links to other web sites owned and operated by third parties ("Third Party Sites"). Company shall have no responsibility or liability for any communications between you and such Content Providers via Third Party E-Mail Addresses. In addition, the Third Party Sites are not covered by this privacy statement, and Company is not responsible for the privacy practices or the content of these Third Party Sites. The Counsel-search.com website may also contain links to other web sites owned, operated by, or affiliated with Company ("Other Company Sites"). The Other Company Sites are not governed by this privacy statement and you are advised to review the privacy statement applicable to each Other Company Site you visit.
EMAIL PERMISSION STATEMENT
Company does not sell or rent any personal information collected from the various electronic forms present throughout the Counsel-search.com websites to any third-party company. However, in an effort to comply with Federal and State anti-spam regulations, your agreement to these Terms and Conditions indicates your consent to receive from Company future faxes, email transmissions and/or U.S. mail to the physical and/or electronic address information you provide.
GOVERNING LAW, JURISDICTION AND VENUE.
The parties and signatories to these Terms & Conditions agree that the laws of the state of California shall govern these Terms & Conditions, without regard to any conflict of laws principles. With respect to any lawsuit or injunctive relief in connection with these Terms & Conditions, you agree to submit to the jurisdiction of any competent court sitting in San Diego County, California, including the Federal District Court for the Southern District of California, and agree that venue shall be solely and exclusively in San Diego and not elsewhere.
ENTIRE AGREEMENT; BINDING EFFECT.
These Terms & Conditions constitutes the entire agreement between the parties and signatories regarding Company and the Counsel-search.com website and all prior agreements regarding Company and the Counsel-search.com website, prior and contemporaneous conversations, negotiations, possible and alleged agreements, and representations, covenants, and warranties, express or implied, oral or written, with respect to the subject matter hereof, are waived, merged herein and superseded hereby. There are no other agreements, representations, covenants or warranties not set forth herein regarding Company and the Counsel-search.com website. The terms of these Terms & Conditions may not be contradicted by evidence of any prior or contemporaneous agreement. No part of these Terms & Conditions may be amended or modified in any way unless such amendment or modification is expressed in a writing signed by all parties to these Terms & Conditions. The parties further agree that they will make no claim at any time or place that these Terms & Conditions have been orally altered or modified or otherwise changed by oral communication of any kind or character or by any course of dealing. There are no unwritten oral agreements between the parties regarding Company and the Counsel-search.com website.