1. Services and Conditions of UseWelcome to Concerned Counseling, Inc.'s (CCI) Website (the "Service"). As part of our service, CCI (the "Provider") agrees to provide you with access to counseling services, subject to the terms of this Agreement. Upon notice published through the Service, Provider may modify this Agreement at any time. You agree and continue to agree to use Provider Services in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out below. Please note that you will be referred to as "User" sometimes in this Agreement. The terms "CCI" or "Provider" not only includes the corporate entity, Concerned Counseling, Inc., but also its directors, officers, employees, agents, successors and assigns. 2. Limitation of Liability and WarrantyUser agrees that use of any or every part of the service is entirely at user's own risk. Provider's services are provided "as is," without warranty of any kind, either express or implied, including without limitation any warranty for information, services, counseling, uninterrupted access, or products and services provided through or in connection with the Service, including without limitation the provider software licensed to the User and the results obtained through the Service. Specifically, provider disclaims any and all warranties, including without limitation:
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, communication line failure, theft or 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. User specifically acknowledges that provider is not liable for the defamatory, offensive or illegal conduct of other Users or third-parties and that the risk of injury from the foregoing rests entirely with the User. Neither provider nor any of its agent, affiliates or content providers shall be liable for any direct, indirect, incidental, special or consequential damages arising out of use of the service or inability to gain access to or use the service or out of any breach of any warranty. User hereby acknowledges that the provisions of this section shall apply to all content on the service. |
3. CONFIDENTIALITY AND SECURITYRegarding online and telephone counseling services available through CCI, we assure you that the counselors will not communicate anything to a third party except at times when supervision of the individual counseling professional(s) is required in order to better serve you. Furthermore, professional ethical guidelines prevent the counselors from talking about any of their clients with family members and/or other people that we/they, personally might trust. There are three important exceptions to our assurances of confidentiality:
Please be aware that our efforts to fulfill the above obligations are limited by the information that you provide us and/or the counselors. We cannot and will not be held responsible for failure to act if you do not provide us and/or the counselors with sufficient information. We urge you to fill out our Service Order Form completely before you access the counseling services. Other Issues to Consider Before Accessing the Counseling Services: If you are going to communicate with the counselors via computer, please consider carefully whether you are willing to take the risk of third-party interception. While some experts say third-party interception is unlikely, others argue that encryption of sensitive information is a necessary precaution and the only way to ensure private communication. Receiving counseling services via computer negates the possibility of verbal communication between you and the counselor. This has both positive and negative implications. On the positive side, you, as a client, have easy access to counseling and have more control over what you reveal to the counselors. On the negative side, it is possible that what you choose to omit from your computer (and even telephone) conversation may also lead the counselors to an inaccurate assessment of your situation. To the extent that this occurs, the counselors could respond to you in ways that are less than optimal for your situation. 4. TrademarksConcerned Counseling, Inc. and the Concerned Counseling logo are trademarks of Concerned Counseling, Inc. All other trademarks appearing on the Service are trademarks of their respective owners. 5. NoticeProvider may give notice to Users by means of a general notice on the Service. You may give notice to Provider (such notice shall be deemed given when received by provider at any time by any of the following:
6. IndemnificationUser agrees to indemnify and hold Provider harmless from any dispute which may arise from a breach of the terms of this Agreement. User agrees to hold Provider harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to a member's violation of this Agreement, including the Rules of Conduct or any information, software or content placed on the Service by User. 7. Additional Specific Release of LiabilityUsers of the counseling services understand that the counselor alone is responsible for his/her actions; that the counselor is not an employee or agent of CCI and CCI assumes no responsibility for any act or omission of the counselor either prior to or after the User has engaged the counselor's services. The User understands and agrees that although the counselor was accessed through the Service, CCI cannot predict the counselor's behavior or performance and only the User can assess the counselor's competence and appropriateness for the User's needs. The User also understands that she/he takes full responsibility for the decision to access the counselor through the Service and to continue to use the counselor and that the role of CCI is strictly limited to providing access to counseling services for the User's consideration. CCI cannot be a guarantor of the honesty, quality, reliability, or performance of the counselor nor is CCI an agent of the counselor or vice versa. Accordingly, the User hereby releases and agrees to hold CCI, its directors, officers, employees, agents, successors and assigns harmless from any act of nonfeasance, misfeasance, or malfeasance by the counselors, nor will the User hold CCI, its directors, officers, employees, agents, successors and assigns liable for any other claim which she/he may have. The User agrees to fully indemnify and hold CCI, its directors, officers, employees, agents, successors and assigns, and separately and individually, the counselors accessed through the Service, harmless from any and all claims, demands, losses, liabilities, damages or expenses for investigation or reasonable attorney's fees and/or court costs arising out of, or in any way related to, this Agreement, including any personal injury or property damage whether such liabilities, claims or demands arise out of the negligent acts of CCI or from some other cause. Furthermore, CCI's aggregate liability arising under or with respect to the Agreement, and specifically the counseling services, shall in no event exceed the total fees (as established by CCI and listed on the Service) paid or payable by the User to CCI or the counselor. 8. Choice of LawThis Agreement shall be construed and controlled by the laws of the State of Texas. Further, any dispute arising from the terms of this Agreement or a breach of this Agreement will be governed by the laws of the State of Texas. User agrees to personal jurisdiction by the state and federal courts sitting in the State of Texas. 9. Merger ClauseThis Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between Provider representatives and User. Provider may, at any time, amend or modify this Agreement or impose new conditions at any time upon notice from Provider to User as published through the Service. Any use of the Service by User after such notice shall be deemed to constitute acceptance by User of such amendments, modifications or new conditions. It is understood and agreed that if any part, term, or provision of this Agreement is held by a court to be illegal or in conflict with any law of the State of Texas, the validity of the remaining terms of this Agreement shall not be altered, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the part, term, or provision held invalid. our counselors |
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