The Counselor Connection, Inc Terms Of Service

Terms and Conditions of Use Agreement

• YOU ACKNOWLEDGE AND AGREE THAT ON BEHALF OF YOURSELF AND YOUR EMPLOYER YOU HAVE READ THIS AGREEMENT CAREFULLY AND THAT IF APPLICABLE YOUR EMPLOYER HAS INFORMED YOU OF THE RELEVANT PROVISIONS OF THE SERVICE AND LICENSE AGREEMENT ("LICENSE AGREEMENT") WHICH IT MAY HAVE ENTERED INTO WITH THE COUNSELOR CONNECTION, INC. The provisions hereof along with the applicable provisions of the License Agreement are referred to as the "Terms and Conditions." If You do not agree to the Terms and Conditions, You may not access or otherwise use the Counselor Connection and should use Your browser's "Back" button to exit the Counselor Connection.
• The Counselor Connection, Inc. may monitor your use of the Counselor Connection, and may freely use and disclose any information and materials received from you or collected through your use of The Counselor Connection for any lawful reason or purpose. The Counselor Connection, Inc may remove from The Counselor Connection any postings which The Counselor Connection, Inc. deems inappropriate or unsuitable, without notice or liability.
• The Counselor Connection, Inc. reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be posted on the Counselor Connection.
• The Counselor Connection is protected by copyright as a collective work and/or compilation, pursuant to U.S. copy-right laws, international conventions, and other copyright laws. All materials contained on The Counselor Connection ("Content") are protected by copyright, and are either owned, controlled or licensed by The Counselor Connection Inc. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content. Unless otherwise explicitly stated on The Counselor Connection, you may print but may not otherwise download the Content without the express written consent of The Counselor Connection, Inc., provided that you maintain all copyright and other notices contained in such Content.
• The Counselor Connection, Inc. may change, suspend or discontinue any aspect of The Counselor Connection at any time, including the availability of any Counselor Connection feature, database, or Content. The Counselor Connection, Inc. may also impose limits on certain features and services or restrict your access to parts or all of The Counselor Connection without notice or liability.
• You represent, warrant and covenant that:
  • You are of the age of majority in your state and
  • You shall not upload, post or transmit to or distribute or otherwise publish through the Counselor Connection, any material which
    • restricts or inhibits any other user from using or enjoying the Counselor Connection,
    • in The Counselor Connection, Inc’s discretion is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent,
    • constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law,
    • violates, plagiarizes or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right,
    • contains a computer virus or other harmful component,
    • constitutes or contains false or misleading indications of origin or statements of fact.
• You hereby agree to indemnify, defend and hold The Counselor Connection, Inc., and any of its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs, including, without limitation, regulatory penalties, attorneys fees and costs incurred by the Indemnified Parties in connection with any claim arising out of your use of the Counselor Connection or any breach by you of the Terms and Conditions, including, but not limited to, all liability and costs to The Counselor Connection, Inc. for Your infringement of any of Your warranties, representations or acknowledgments herein. You shall cooperate as fully as reasonably required in the defense of any claim. The Counselor Connection, Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter related hereto without the written consent of Company.
• The Counselor Connection may contain links and pointers to other World Wide Web Internet sites, resources, and sponsors of the Counselor Connection. Links to and from the Counselor Connection to other third party sites, maintained by third parties, do not constitute an endorsement by The Counselor Connection, Inc. or any of its subsidiaries or affiliates of any third party resources, or their con-tents.
• The Counselor Connection, Inc. does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Counselor Connection. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. The Counselor Connection, Inc. reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Counselor Connection.
• The Counselor Connection, Inc. does not and cannot review all materials posted to the Counselor Connection, and The Counselor Connection, Inc. is not responsible for any such materials posted by users. However, The Counselor Connection, Inc. reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in The Counselor Connection, Inc.’s sole discretion are objectionable or in violation of the Terms and Conditions.
• The Counselor Connection, including all Content, software, functions, materials and information made available on or accessed through the Counselor Connection, is provided "as is." To the fullest extent permissible by law, The Counselor Connection, Inc. and its subsidiaries and affiliates make no representation or warranties of any kind whatsoever for the Content or the materials information and functions made accessible by the software used on or accessed through the Counselor Connection, for any products or services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through the Counselor Connection or any hyper-linked site. THE COUNSELOR CONNECTION, INC AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COUNSELOR CONNECTION, INC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE COUNSELOR CONNECTION OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE COUNSELOR CONNECTION OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. The Counselor Connection, Inc. and its subsidiaries and affiliates shall not be liable for direct or any indirect damages related to your use of the Counselor Connection, including without limitation, the Content and any errors contained therein.
• By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications") on or to the Counselor Connection, you hereby grant to The Counselor Connection, Inc. a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sub-license, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against The Counselor Connection, Inc. for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.
• You acknowledge that transmission to and from the Counselor Connection are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to The Counselor Connection, Inc. no confidential, fiduciary, contractually implied or other relationship is created be-tween you and The Counselor Connection, Inc. other than pursuant to the Terms and Conditions.
• This agreement shall be governed by and construed in accordance with the laws of the state of California, without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this agreement shall be an appropriate state or federal court located in the state of California.
• The Terms and Conditions constitutes the entire agreement between The Counselor Connection, Inc. and you with respect to your use of the Counselor Connection. Any cause of action you may have with respect to your use of the Counselor Connection must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Terms and Conditions, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the in-tent of the Terms and Conditions, and the remainder of the Terms and Conditions shall continue in full force and effect.