Terms of Use

TERMS OF USE AGREEMENT

PLEASE REVIEW CHANGES TO

TERMS OF USE MADE ON:  December 20, 2010

WELCOME TO OUR WEBSITE, WWW.EMDRINACTION.COM.  BY USING OUR SITE, AND ACCESSING, VIEWING, OR OTHERWISE USING ANY OF THE SERVICES OR INFORMATION PROVIDED ON OUR SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF USE, WHICH ARE SET FORTH BELOW.  IF YOU DO NOT AGREE TO THE TERMS OF USE, YOU SHOULD NOT REVIEW OR SEEK INFORMATION, SEEK SERVICES, BECOME A MEMBER, OR PARTICIPATE IN ANY WAY WITH OUR SITE.

1. Acceptance of Agreement.  You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to our site, EMDRinAction.com (the "Site").  This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement.  YOU AGREE THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

2. Modifications to Agreement.  EMDRinAction.com may, in its sole discretion and without prior notice:  (a) revise and modify these Terms of Use (and Privacy Policy); (b) revise and modify the Site and/or service; and (c) discontinue the Site and/or service at any time.  Site shall post any revision(s) to these Terms of Use to the Site, and the revision(s) shall be effective immediately on such posting.  You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions or modifications.  You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by such revision.  If you do not wish to be bound by the new Agreement, do not use the Site.  Modifications and changes to these Terms of Use will be added on an as-needed basis, and we  urge you to review the Terms of Use on a regular basis to stay aware of these changes.

3. Limited Right to Use.  The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own lawful use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use.  No part of any content, form, or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your lawful use (but not for resale or redistribution). 

4. Finding an EMDR Therapist; Recommending an EMDR Therapist; Disallowed Recommendations.

(a)    General.  This Site was created to help EMDR therapists and people who need EMDR (Eye Movement Desensitizing & Reprocessing) find each other.  At the Site, people can find information about EMDR, watch videos, find an EMDR therapist, and recommend a therapist, among other things.

(b)    Find an EMDR Therapist.  EMDR therapists may sign up as Members of the Site, and will be able to search for an EMDR therapist, either by Keyword name or by location.  You will be provided with the name or names of therapists and their location and contact information in response to your search.  Please note that in order to become a Member and be listed on the Site, the therapists have provided information to the Site that they are properly licensed in their state of practice, have the proper credential to provide EMDR therapy, and/or are an EMDR Approved Consultant.  However, the Site cannot and does not make any assurances, nor does the Site verify, examine, warrant, or determine that these self-stated qualifications of any individual therapist are true or current, or whether the services of any individual therapist would be suitable for your needs.  Once you have obtained a list of therapists in your area, you are advised to call and interview several over the phone to determine which one is best-suited to you and your concerns.  You are also advised to contact the appropriate licensing agency for your state to determine the status of any relevant licenses for the therapist you may select.

(c)    No Warranties Regarding Information or Therapy.  The Site does not provide any warranties regarding information received from the Site or from EMDR therapists found on the Site.

(d)    Guidelines for Recommending an EMDR Therapist.  While everyone is welcome to add a recommendation for his or her own therapist on the Site, we request that such recommendations be factual, civil, and polite.  Our Guidelines for posting a recommendation are to keep your review constructive, concise, first hand, and polite.  No gossip, such as "I heard that . . ."  Please keep in mind that your descriptive recommendation can help other clients find the right therapist for them to do the unique healing work of EMDR.  Describe, rather than editorialize.  Your recommendation can help your therapist get the visibility he or she deserves.

(e)    Editing Recommendations; Objectionable and Prohibited Recommendations.  We reserve the right to edit and/or not post your recommendation if our Guidelines for posting are not followed.  As stated directly above, our Guidelines for posting a recommendation are to keep your review constructive, concise, first hand, and polite.  Anyone found to have misrepresented who they are, in posting a recommendation will be eliminated from any further participation in the Site, including termination of Membership without a refund.  Members may recommend a colleague, but must clearly identify his or herself as such.  

5. Your Content. 

(a)    License.  By posting, storing, or transmitting any content on or to the Site, you hereby Grant Site a perpetual, worldwide, non-exclusive, royalty-free, sublicensable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit, and sublicense such content in any form, in all media now known or hereafter created, anywhere in the world.  You hereby irrevocably waive any claims based on moral rights, if any.

       (b) Objectionable Content.  Any and all content that you post on the Site should be factual, civil, and polite, which is the same as our Guidelines for posting recommendations for an EMDR therapist.  You are solely responsible for any content you post to the Site.  Site will not be liable for any damage or harm resulting from any content or your interactions with other users or Members of the Site.  Site reserves the right, but has no obligation, to monitor actions between you and other users of the Site and take any other action to restrict access to or the availability of any material that we or another user of the Site may consider to be obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable including, without limitation, because it violates these Terms of Use.

        (c)            Prohibited Content.  You may not post, submit, or transmit any content on the Site that:  (1) is libelous, defamatory, or slanderous; (2) advocates the violent overthrow of the government of the United States; (3) incites, encourages, or threatens immediate physical harm against another; (5) presents an immediate and genuine danger to another person or entity; (5) is extremely offensive and rude; or (6) violates any applicable law, regulation, or rule.

6. Editing, Deleting, and Modification.  We reserve the right in our sole discretion to edit or delete any documents, information, or other content appearing on the Site. 

7. Indemnification.  You agree to indemnify, defend and hold harmless this Site and company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property, or other right of any person or entity.  The Site will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

8. Nontransferable.  Your right to use the Site is not transferable.  Any password or right given to you to obtain information or documents is not transferable. 

9. Disclaimers; Exclusions; and Limitations.

(a)    DISCLAIMER OF WARRANTIES.  THE SITE AND THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).  THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.  WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE.  IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.  THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

            All responsibility or liability for any damages caused by

            viruses contained within the electronic file containing the

            form or document is disclaimed.  WE WILL NOT BE LIABLE TO YOU

            FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY

            KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. 

            OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE

            EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES, OR

             INFORMATION.

(b)  THIRD PARTY SERVICES.  THE THIRD-PARTY LINKS, SERVICES, GOODS, OR RESOURCES AND INFORMATION THAT THE SITE PROVIDES ON OR MAKES AVAILABLE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THOSE AVAILABLE THROUGH THIRD-PARTY SITES, ARE NOT CONTROLLED BY THE SITE.  ACCORDINGLY, THE SITE MAKES NO WARRANTIES REGARDING SUCH THIRD-PARTY SERVICES, RESOURCES AND INFORMATION, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, ANDNON-INFRINGEMENT AND WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON SUCH THIRD-PARTY SERVICES, RESOURCES, OR INFORMATINO.

      (c)  LIMITED LIABILITY AND EXCLUSION OF DAMAGES.  THE SITE'S LIABILITY TO YOU IS LIMITED.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE SITE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY THE SITE.  This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

10.   Force Majeure.  This Site will not be liable for failing to perform under these Terms of Use by the occurrence of any event beyond its immediate control, including, without limitation, a labor disturbance, an Internet outage or interruption of service, a communications outage, failure by a service provider to perform, fire, terrorism, natural disaster, or war.

11.   Use of Information.  We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

12.   Privacy Policy. 

(a)    You agree to comply with the terms of EMDRinAction's Privacy Policy, which is incorporated by reference into these Terms of Use.

(b)    Password.  To become a Member on this Site, you are required to open an account to use or access the Site, and you must complete the registration process by providing the complete and accurate information requested on the registration form.  You will also be asked to provide a user name and password.  You are entirely responsible for maintaining the confidentiality of your password.  You may not use the account, user name, or password of someone else at any time.  You agree to notify the Site immediately on any unauthorized use of your account, user name, or password.  The Site shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge.  You may be held liable for any losses incurred by the Site, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of your account or password.

13.   Payments.  You represent and warrant that if you are purchasing a membership from us, that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.

14.   Links to other Websites.  The Site contains links to other websites.  We are not responsible for the content, accuracy or opinions express in such Websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us.  Inclusion of any linked website on our Site does not imply approval or endorsement of the linked website by us.  If you decide to leave our Site and access these third-party sites, you do so at your own risk.  We disclaim any responsibility if some site you link to has material on it that offends you in any way.

15.   Compliance with Intellectual Property Laws.  When accessing this Site or using its services, you agree to obey the law and to respect the intellectual property rights of others.  Your uses of the services and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property.  You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, "Content") in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights.  You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your Member User ID.  The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

16.  Copyright.  The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights.  The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by this section is strictly prohibited.  You do not acquire ownership rights to any content, document, or other materials viewed through the Site.  The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.  All contents of the Site or Service are:  Copyright © 2010 EMDRinAction.com, 3020 El Cerrito Plaza #346, El Cerrito, CA  94530.  All rights reserved.

17.   Copyright Infringement and Copyright Agents.  We respect the intellectual property of others, and we ask you to do the same.  If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information: 

(a)    An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(b)    A description of the copyrighted work that you claim has been infringed;

(c)    A description of where the material that you claim is infringing is located on the Site;

(d)    Your address, telephone number, and email address;

(e)    A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(f)     A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. 

Our Copyright Agent for Notice of claims of copyright infringement on the Site is Colleen West who can be reached as follows:

By mail:

Colleen West
Copyright Agent
c/o EMDRinAction
3020 El Cerrito Plaza #346
El Cerrito, CA  94530

By email:

Colleen@EMDRinAction.com

18.   Notices and Electronic Communication.  All notices required or permitted to be given under these Terms of Use will be in writing and delivered to the other party by any of the following methods:  (1) hand delivery; (2) certified U.S. mail, return receipt requested, postage prepaid; (3) overnight courier; or (4) electronic mail.  If you give notice to Site, you must use the address shown in Section 17 above.  All notices will be deemed received as follows:  (1) if by hand delivery, on the date of delivery; (2) if by delivery by U.S. mail, on the date of receipt appearing on a return receipt card; (3) if by overnight courier, on the date receipt is confirmed by such courier service; or (4) if by electronic mail, 24 hours after the message was sent, if no "system error" or other notice of non-delivery is generated.  Each party agrees that any notice it receives from the other party electronically satisfies any legal requirement that such communications be in writing.  It is the Member's responsibility to provide a working email to the Site, and to notify Site any time a previously provided email has been changed.

19.   Limitation of Actions.  You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of this Site, must be filed within one calendar year after such claim or cause of action arises, or forever be barred. 

20.   Integration.  These Terms of Use contain the entire understanding between you and this Site regarding its subject matter, and supercedes all prior and contemporaneous agreements and understandings between us regarding its subject matter.

21.   Severability; Waiver.  If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect.  No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

22.   Miscellaneous.  This Agreement shall be treated as though it were executed and performed in Contra Costa County, California, and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles).  Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred.  All actions shall be subject to the limitations set forth in Section 8.  The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party.  All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Contra Costa County, California.  You expressly submit to the exclusive jurisdiction of said courts and consents to extra-territorial service of process.  Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.  To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.  Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. 

23.   Arbitration.  All disputes arising out of or relating to these Terms of Use (including its formation, performance, or alleged breach), or your use of our Services, or the Network will be exclusively resolved under confidential binding arbitration held in Contra Costa County, California before and in accordance with the rules of the American Arbitration Association.  The arbitrator's aware will be binding and may be entered as a judgment in any court of competent jurisdiction.  To the fullest extent permitted by applicable law, no arbitration under these Terms of Use will be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.  Notwithstanding the forgoing, EMDRinAction.com will have the right to seek injunctive or other equitable relief in state or federal court located in Contra Costa County, California or the Northern District of California to enforce these terms or prevent an infringement of a third party's rights.  In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court. 

24.   Termination.

(a)    By EMDRinAction.com.  EMDRinAction.com will have the right in its sole discretion, for any reason or no reason at all, without notice or liability to you or any third party, to terminate your account or your access to the Site or its services, with or without cause.  Reasons for termination will include, but are not limited to:  (i) your breach of any part of these Terms of Use; (ii) your violation of the rights of any third party; (iii) the invalidity of your credit card; (iv) your exceeding your credit card limit; (v) "chargeback" of a fee or other payment; (vi) your membership account becoming inactive for an extended period of time; (vii) loss of your professional license; or (viii) falsifying information provided to this Site. 

(b)    By You.  If you are a Member, you may terminate your account for any reason at any time by terminating it through the process set forth on the MEMBERS ONLY section of the Site or by providing notice to the Site, subject to these Terms of Use.   While you are welcome to terminate your account, no refund of any amount will be given upon termination.

(c)    Effect of Termination.  If your account is terminated, EMDRinAction.com may, in its sole discretion, delete any website, files, graphics, or other content or materials relating to your use of the Network or Services on EMDRinAction.com's servers or otherwise in its possession.  Following termination, you will not be permitted to use the Network or the Services.  If your account or your access to the Network or Services is terminated, EMDRinAction.com reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to the Network or the Services, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet Service Provider. 

25.   Acknowledgement.  By using the service or accessing this Site, you acknowledge that you have read these Terms of Use and agree to be bound by them.  If you are unable to comply with these Terms of Use or do not agreed to be so bound, do not access or use this Site.

26.   Contact Us.  If you have any questions regarding these Terms of Use, your membership, or our Site, please contact us.