- Agreement and Definitions.
New England Psychologist and the New England Psychologist Network are the interactive online services operated by Liviant LLC (dba New England Psychologist; herein referred to as “New England Psychologist” or “NEPSY.com”) on the internet, consisting of free information services and content provided by New England Psychologist, affiliates of New England Psychologist, and other third parties.
“User” means any person who accesses NEPSY.com or the New England Psychologist Network, or establishes an account (“Account”) for access to and use of any of the websites contained within the New England Psychologist Network.
Users are responsible for all use of their own Account, the integrity, confidentiality and security of their Account, and for ensuring that all use of their Account complies with the provisions of this Agreement.
- User Conduct.
(A) User shall use the New England Psychologist Network for lawful purposes only. User shall not post or transmit through the New England Psychologist Network any material: (i) which violates or infringes in any way upon the rights of others; (ii) which is unlawful, threatening, discriminatory, hateful, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, racist, obscene, pornographic, or is otherwise objectionable; (iii) which encourages conduct that would constitute a criminal offense, gives rise to civil liability, suggests or condones any terrorist act or activity, or otherwise violate any law; (iv) which, without New England Psychologist’s express prior approval, contains advertising or any solicitation with respect to products or services; (v) which discusses private administrative issues, messages, private messages, or emails between User and New England Psychologist’s staff, volunteers, owner, or other administrative personnel; (vi) or which advertises or performs any commercial solicitation, including, but not limited to, the solicitation of users to become Users of other online communities or websites that are competitive with the New England Psychologist Network. Any conduct by a User that, in New England Psychologist’s sole discretion, violates these Terms, restricts or inhibits any other User from using or enjoying the New England Psychologist Network or any of its services will not be permitted. A User’s account may be terminated at any time, without notice.
(B) The New England Psychologist Network contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the New England Psychologist Network are copyrighted as a collective work under the United States copyright laws. New England Psychologist owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. User may not publish, modify, or participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. User may download copyrighted material for User’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of New England Psychologist and the copyright owner. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
(C) User shall not upload, post or otherwise make available on the New England Psychologist Network any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the New England Psychologist Network, User automatically grants, or warrants that the owner of such material has expressly granted New England Psychologist the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User’s personal use. User hereby grants New England Psychologist the right to edit, copy, publish and distribute any material made available on the New England Psychologist Network by User.
(D) Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (i) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (ii) attempting to probe, scan, using packet capture, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing”; (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; (v) forging any TCP/IP packet header or any part of the header information in any packet directed toward our servers. You are also prohibited from: (a) downloading, copying, or re-transmitting any or all of the website or content without, or in violation of, an explicit written license with New England Psychologist; (b) using any data mining, robots, or similar data gathering or extraction methods for any purpose other than collection of data for the sole purpose of providing a free, publicly-available text search engine (such as Google Search or Bing Search). Violations of system or network security may result in civil or criminal liability.
(E) User shall not conduct any type of research on the New England Psychologist Network, or any website, service of the New England Psychologist Network, including the Forums at the New England Psychologist Network for the purpose of publication or to fulfill a set of educational requirements for an educational institution. Research prohibited includes: (i) naturalistic study of behaviors, Users, or users of this website; or (ii) empirical, qualitative, or quantitative research of either scientific or non-scientific inquiry, for the purpose of publication, either publicly (for instance, in a peer-reviewed journal) or privately (for instance, a Master’s thesis or college research paper). Personal research for one’s own use is allowed.
(F) The foregoing provisions may be supplemented or superseded by specific provisions known as the “Community Guidelines” for any of the New England Psychologist Network’s online communities. When in conflict, the Community Guidelines provisions will take precedence over this Section.
- Representations and Warranties.
3.1 You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least thirteen years old. You hereby indemnify, defend and hold harmless New England Psychologist, and all officers, owners, directors, agents, moderators, administrators, editors, employees, staff, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. New England Psychologist reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
3.2 New England Psychologist does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the New England Psychologist Network by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk.
3.3 THE SITES AND THE SERVICES, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SITES AND SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEW ENGLAND PSYCHOLOGIST, ITS OWNERS, ITS LICENSORS AND THEIR AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE SITES AND/OR SERVICES AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE; (iii) THAT DEFECTS WILL BE CORRECTED; OR (iv) THAT ANY SOFTWARE, SERVICES, SITES OR SERVER(S) ON WHICH THE SITES OR SERVICES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITES AND THE SERVICES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITES AND SERVICES ARE ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PRODUCTS OR SERVICES SOLD OR ADVERTISED HEREIN OR ABOUT THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS WITH REGARD TO THE CONTENT CONTAINED ON THE SITES OR THROUGH THE SERVICES. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY TREATMENT, ACTION OR APPLICATION OF MEDICINE, MEDICATION OR THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE SITES OR THE SERVICES.
- Limitation of Liability.
NEITHER NEW ENGLAND PSYCHOLOGIST NOR ITS OWNERS, LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, MODERATORS, EDITORS, ADMINISTRATORS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITES AND/OR THE SERVICES; (ii) ANY CONTENT CONTAINED ON THE SITES AND/OR THE SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITES AND/OR THE SERVICES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITES AND/OR SERVICES; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITES AND/OR SERVICES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITES AND/OR SERVICES; OR (vii) ANY OTHER MATTER RELATING TO THE SITES AND/OR THE SERVICES. IN NO EVENT SHALL THE TOTAL LIABILITY OF NEW ENGLAND PSYCHOLOGIST OR ITS LICENSORS TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING ANY OF THE SITES AND/OR SERVICES. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
New England Psychologist shall have the right, but not the obligation, to monitor the content of the New England Psychologist Network, including chat rooms and forums, to determine compliance with this Agreement and any operating rules or community guidelines established by New England Psychologist and to satisfy any law, regulation or authorized government request. New England Psychologist shall have the right, but not the obligation, and at its sole discretion, to edit, refuse to post or remove any material submitted to or posted on the New England Psychologist Network. Without limiting the foregoing, New England Psychologist shall have the right, but not the obligation, to remove any material that New England Psychologist, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
You agree to indemnify, defend and hold New England Psychologist and its Licensors, subsidiaries, affiliates, owners, officers, directors, agents, co-branders or other partners, employees, contractors, staff, community moderators, community administrators and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys’ fees and disbursements) which arise directly or indirectly out of or from (i) your breach of this Agreement; (ii) any allegation that any Submission Materials infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party; and (iii) your access or use of the Sites or the Services.
Either you or New England Psychologist may terminate this Agreement at any time. Without limiting the foregoing, New England Psychologist shall have the right to immediately terminate User’s Account in the event of any conduct by User that New England Psychologist, at its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement. New England Psychologist reserves the right to prohibit or terminate use of or access to the site or any of its services at any time, without notice, for any reason whatsoever.
If a User would like to terminate their New England Psychologist Usership, they may do so by contacting us directly.
Upon termination of this Agreement, you forfeit all rights to access or make use of our Services for any purpose. All previously-downloaded materials must be removed from your computers and possession. Sections 2, 3, 4 and 6 shall survive any termination of this Agreement by either party.
New England Psychologist, the New England Psychologist Network, and each of their logos are trademarks of John M. Grohol, Psy.D. All rights reserved. All other trademarks appearing on the New England Psychologist Network are the property of their respective owners.
- Third Party Content.
New England Psychologist is a distributor and a publisher of content supplied by paid staffers, third parties (such as our bloggers), and New England Psychologist users (Users). Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, bloggers, users, or any other user of the New England Psychologist Network, are those of the respective author(s) or distributor(s) and not of New England Psychologist. Neither New England Psychologist nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through the New England Psychologist Network represents the opinions and judgments of the respective information provider, blogger, User, or other user. New England Psychologist neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the NEPSY.com website or the New England Psychologist Network by anyone. Under no circumstances will New England Psychologist be liable for any loss or damage caused by any user’s or User’s reliance on information obtained through the New England Psychologist Network. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the New England Psychologist Network. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
Opinions and other statements expressed by users and third parties (including our bloggers) are theirs alone, not opinions of New England Psychologist or the New England Psychologist Network. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and distribute content through our site, The New England Psychologist Network is not undertaking any obligation or liability relating to the content. The New England Psychologist Network and its affiliates, successors, assigns, employees, agents, and officers do not undertake or assume any duty to monitor our site for inappropriate or unlawful content. The New England Psychologist Network and its owners, affiliates, successors, assigns, employees, community moderators, administrators, staff, contractors, agents, and officers assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, The New England Psychologist Network reserves the right to block or remove communications, postings or materials at any time at our sole discretion.
New England Psychologist shall have the right at any time to change or discontinue any aspect or feature of the New England Psychologist Network, including, but not limited to, content, hours of availability, and equipment needed for access or use.
- Changed Terms.
New England Psychologist shall have the right at any time to change or modify the terms and conditions applicable to User’s use of the New England Psychologist Network, or any part thereof, or to impose new conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the New England Psychologist Network, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of the New England Psychologist Network by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
If you have a subpoena or other legal notice to serve, please note that New England Psychologist does not accept service via e-mail or fax and will not respond to the subpoena or legal notice (unless it is a properly formatted DMCA claim). All such subpoenas and legal notices to New England Psychologist must be made via postal mail to:
New England Psychologist
PO Box 5464
Bradford, MA 01835
Any dispute or claim relating in any way to your use of the New England Psychologist Network will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our offices: New England Psychologist, 55 Pleasant St., Suite 207, Newburyport, MA 01950. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.
- Photo Credits.
New England Psychologist makes use of a variety of photo services for its editorial imagery, including Big Stock Photo, Flickr, the Creative Commons license, and ShutterStock. We appreciate their royalty-free licensing and access to high quality images that complement our editorial content.