Legal/Terms and Conditions of Use

www.MyChildPsychologist.com, LLC.
This document updated June 1, 2011.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

BY USING THIS SITE YOU ASSENT AND AGREE TO THESE TERMS AND CONDITIONS.  IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS OF USE, DO NOT USE THIS SITE.  YOUR USE OF WWW.MYCHILDPSYCHOLOGIST.COM, LLC. (HEREINAFTER REFERRED TO AS “SITE”) IS SUBJECT TO ALL ADDITIONAL DISCLAIMERS, TERMS AND CONDITIONS, DIRECTIONS, ANNOUNCEMENTS, INSTRUCTIONS, STATEMENTS AND CAVEATS THAT APPEAR ON THIS SITE, INCLUDING BUT NOT LIMITED TO THE CONTENT OF THE PRIVACY AND SECURITY SECTIONS.  THIS AGREEMENT INCORPORATES BY REFERENCE AS IF MORE FULLY SET FORTH HEREIN ALL OF SAID CONTENT. THE SITE MAY REVISE AND UPDATE SAID ITEMS AT ANY TIME AND YOUR CONTINUED USAGE OF OUR SITE CONSTITUTES YOUR ACCEPTANCE OF SAME, REVISED OR NOT REVISED. 

YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND THAT YOU POSSESS THE LEGAL RIGHT AND ABILITY TO ENTER INTO THIS AGREEMENT AND TO USE THIS SITE IN ACCORDANCE WITH THIS AGREEMENT.

THIS CONTAINS A BINDING ARBITRATION CLAUSE WHICH MAY BE ENFORCED BY THE PARTIES.
 

This Site Is Not a Substitute for Professional Consultation and Treatment

The content (hereinafter referred to as “Content”) of this Site is designed to give parents or caregivers initial information as a basis for seeking additional advice, consultation, assessment, counseling, therapy, diagnosis or treatment from a doctor or a licensed mental health provider.  Because there is no therapist-patient relationship established by purchasing videos, specific questions you have about your child may not be directly addressed or fully explained.  This Site does not provide a guarantee of outcomes if the users elect on their own to try some of the techniques discussed. 

The Content of this Site, such as videos, text, graphics, images, and other material are for informational and educational purposes only.  The Content is not considered to be a substitute for or in lieu of face-to-face professional advice, consultation, assessment, counseling, therapy, diagnosis, or treatment.  The use of this Site does not constitute a therapist-patient relationship.  Therefore, MyChildPsychologist.com does not request confidential or personal information, such as mental health information of its users or the user’s family members.  Do not submit confidential or personal information.  If such information is sent to this Site, there are absolutely no guarantees of confidentiality. 

You agree any and all actions undertaken by you (user) as a result of the Content of this Site are done solely by your discretion.  By accessing and using the information on this Site, you, your heirs, agents, representatives, attorneys, attorneys in fact, and any other individual or entity representing you now or in the future, hereby waive any rights to hold this Site, clinical psychologists associated with this Site and other individuals and entities associated with this Site, liable for any damages and liabilities that you believe may have resulted from the use of this Site and information presented. 

Rental Terms

The user is granted seven (7) days of viewing privileges of the Site’s videos after purchase.  If the user wishes to view the video product after the expiration of this 7-day period, the user will be required to purchase the video again.  This Site does not offer users a refund if they do not find the products useful.  Product descriptions along with questions are listed to provide users with as much information as possible prior to purchase. 

Use of Content

The Site authorizes you to view videos you purchase solely for your personal, noncommercial use.  You are expressly prohibited from copying Content for your personal or commercial use, whether or not you profit from same, or from distributing the Content to others.

The content of this Site is protected by copyright under both United States and foreign laws.  Title to the Content remains with MyChildPsychologist.com.  Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.  Content and features are subject to change or termination without notice in the editorial discretion of MyChildPsychologist.com.  All rights not expressly granted herein are reserved to MyChildPsychologist.com and its licensors.

If you violate any of these Terms and Conditions, (1) your permission to use the Content automatically terminates; (2) you must immediately destroy any copies you have made or any portion of the Content; (3) you must provide this Site or its attorneys with evidence of compliance of the foregoing; and (4) you will be subject to all remedies at law or in equity, including a temporary injunction and permanent injunction (judgment), this Site’s costs and attorneys fees, patent and trademark infringement and damages.

Children

This Site is committed to protecting the privacy of children.  MyChildPsychologist.com is not designed or intended to attract children under the age of 18.  This Site does not collect personally identifiable information from any person this Site knows is under 18 years of age.  A parent or guardian is solely and exclusively responsible for ensuring that the registration information is kept secure.

Resource Directory

MyChildPsychologist.com has no “for profit” business or commercial relationship, connection, or interest in any other provider, service, institution, or other business referenced on this Site, including those listed in the Resource Directory. MyChildPsychologist.com, its officers, directories, employees, agents, information providers, and suppliers do not warrant the information or services, or any aspect of the services listed on the Resource Directory.  You shall hold harmless this Site for any such services which may be provided by any person, provider, service, institution or other business listed in the Resource Directory. This Directory, much like a telephone directory, is a tool to acquaint users with topics of interest. The user understands and agrees that the Directory is not a list of businesses preferred by MyChildPsychologist.com nor does it endorse or otherwise accept responsibility for the content of those websites.

Privacy

MyChildPsychologist.com endeavors to ensure confidentiality, privacy, and security through this Site. However, confidentiality, privacy, and security cannot be 100% guaranteed over the internet. As a result, you agree to take all appropriate and reasonable measures toward those ends as a user of this Site, including the careful handling of your user ID, password, email, address, and credit card information.

All emails seeking professional answers to questions will not be answered through this Site.

MyChildPsychologist.com reserves the right to decline services to any user and at the sole discretion of MyChildPsychologist.com.

Binding Arbitration 

In the event a dispute shall arise between this Site and User, User agrees that the dispute shall be referred to United States Arbitration and Mediation in St. Louis County, Missouri for arbitration in accordance with United States Arbitration and Mediation Rules of Arbitration. The arbitrator’s decision shall be final and binding and judgment may be entered thereon.

In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with arbitrator’s award, the other party is entitled of costs of suit including a reasonable attorney’s fee for having to compel arbitration or defend or enforce the award.

This agreement shall be governed by and construed in accordance with the laws of the State of Missouri. You agree that any arbitration or legal action or proceeding (to enforce the arbitrator’s decision) shall be brought exclusively in a court of competent jurisdiction in the County of St. Louis, Missouri, United States.

Waiver and Limitation of Liability

You understand and agree that the use of this Site is entirely at your own risk.  Content is provided “as is,” without warranty of any kind, either express or implied. Specifically, any and all warranties are disclaimed, including without limitation any warranties concerning the availability, quality, accuracy or content of information, products or treatment services, or outcome. This disclaimer of liability applies to any damages or injury caused by the failure of performance, error, omission, interruption, deletion, defect, delay in operation of transmission, computer virus or breakdown, communication line failure, theft, destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. Neither this Site, clinical psychologists nor any of its agents, affiliates, or content providers shall be liable for any direct, indirect, special, incidental, consequential, or punitive damages arising out of the use of this Site.  You hereby acknowledge that the provisions of this section shall apply to all Content on this Site.

BY USING OR ACCESSING THIS SITE, THE USER HEREBY RELEASES AND FOREVER DISCHARGES ANY AND ALL CLAIMS THE USER MAY HAVE AGAINST MYCHILDPSYCHOLOGIST.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS, OR SUPPLIERS, INCLUDING, BUT NOT LIMITED TO, CLAIMS BASED UPON NEGLIGENCE OF MYCHILDPSYCHOLOGIST.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS FOR LOSSES OR DAMAGES THE USER MAY ALLEGEDLY SUSTAIN IN CONNECTION WITH THE USE OF MYCHILDPSYCHOLOGIST.COM.

NOTWITHSTANDING THE FOREGOING PARAGRAPH AND WITHOUT WAIVING SAME, THE TOTAL LIABILITY OF MYCHILDPSYCHOLOGIST.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS, OR SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY THE USER FOR THE PARTICULAR INFORMATION OR SERVICE/VIDEO(S) PROVIDED. IN NO EVENT SHALL MYCHILDPSYCHOLOGIST.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS BE LIABLE TO THE USER FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT SPECIFIED OR REFERRED TO ABOVE. THE USER HEREBY RELEASES AND FOREVER DISCHARGES ANY AND ALL CLAIMS IT MAY HAVE AGAINST THIS SITE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFOMRATION ROVIDERS OR SUPPLIERS THE USER MAY HAVE FOR ALL DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE ARISING FROM ANY INFORMATION OR USE OF INFORMATION OR OTHER CONTENT OF MYCHILDPSYCHOLOGIST.COM.