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Services Agreement & Disclaimer
1. Services and Conditions of Use
Welcome to Counselors Link (CL) Website (the "Service"). As
part of our service, CL (the "Provider") agrees to provide you with Information Libraries, Email Service,
Chat Rooms, Access to our counselors, Educational and Entertaining Games and Tests that Provider may decide
to offer, subject to the terms of this Agreement.
In no way is this site proposing, suggesting, soliciting, or providing on-line counseling. This site
provides only advice/education/information from our Licensed Counselors. 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 "CL" or "Provider" not only includes the entity Counselors
Link, but also its Directors, Officers, Employees, Agents, Successors and Assigns.
2. Rules for Online Conduct for CL Chat Rooms
Statements or postings which violate the above terms will be deleted from postings upon
discovery. Users who violate the Terms of Service will receive a warning from Forum Sysops or another agent
of Provider's stating that "User has committed a violation and that further violations may result in the
termination of the User's account". After one or more warnings, depending on the nature of the violation,
Provider at its sole discretion may terminate User's account.
3. Copyright Materials and Software (Information) Libraries
Only public domain software or graphics files or files where the owner has given express
permission for online distribution may be posted to the Service. The posting of any other type of file is
strictly forbidden. The following types of files are examples of strictly forbidden postings:
Unauthorized copies of copyrighted photographs, drawings, graphics, text or other writings,
computer programs or other software, recordings or designs; files containing advertisements or solicitations
aimed at persuading other members to use certain goods or services; material of a sexually explicit nature,
including photographs and text.
Copyrighted material, including, but without limitation, text, photographs, sound, music
and video, may not be placed on the Service without the express permission of the author or owners of the
copyright on the material. User acknowledges that only the owner or someone authorized by the owner to post
the material may do so.
The downloading of copyrighted material is allowed by Users only for Users' own use. Users
may not copy, reproduce, retransmit, distribute, publish, commercially exploit other otherwise transfer any
copyrighted material. The burden of determining that any information, software or any other content on the
Service is not protected by copyright rests with the User. User acknowledges that provider and/or any
third-party content providers remain the owners of the posted materials, and that User does not acquire any
of those ownership rights by downloading copyrighted material.
4. Limitation of Liability and Warranty
User 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, advice by our counselor’s, 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:
Any warranties concerning the availability, quality, accuracy or content of information,
products or advice and other services; and any warranties of title or warranties of merchantability or
fitness for a particular purpose.
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, tortuous 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 agents, 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.
5. Confidentiality and Security
Regarding Online and Telephone Advice Services available through CL, 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.
With Regard to our Mental Health Counselors (MHC), there are three important exceptions to
our assurances of confidentiality:
All U.S. citizens (including the MHC) are required by law to report any suspicion of risk
of child abuse. If we, or the Counselors, believe that a child is at risk of being abused, has
already been abused, or that someone who previously abused children is still a threat, we have no choice
but to immediately make every effort possible to report it to Social Services and/or the police.
If someone's life is in danger, we will attempt to report it. This applies to cases
of both suicide and homicide.
At this moment, as you read this text, if you are seriously
considering committing suicide or committing a homicide, please LOG OFF your computer NOW and immediately
telephone the Police or Emergency Medical Services in your area.
Most U.S. Courts have the power to subpoena ours and the Counselor's records, if you are
involved in a court case in which your relationship with Counselors Link or
the Counselor is somehow relevant. Although this may be rare, if you have any questions, it is better to
contact your lawyer, or ask one of our Legal Counselors prior to disclosing any information you may deem
private.
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
completely fill out our Service Order Form dealing with the Counselor type selected before you access one of
our Counselors for advice.
Other Issues to Consider Before Accessing the Counselor:
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 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 the Counselor 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.
6. Trademarks
Counselors Link and the CL logo are trademarks of
Counselors Link. All other trademarks appearing on the Service are trademarks
of their respective owners.
7. Notice
Provider 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:
Counselors Link
P.O. Box 296
Bryant, AR 72089-0296
8. Indemnification
User 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.
9. Additional Specific Release of Liability
Users of Counselors Link’s Services understand that the
Counselor alone is responsible for his/her actions; that the Counselor is not an employee or agent of CL,
and CL assumes no responsibility for any act or omission of the Counselor either prior to or after the User
has engaged the Counselor's services/advice. The User understands and agrees that although the Counselor was
accessed through the Service, CL 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 CL is strictly limited to providing access to the
Cervices for the User's consideration.
CL cannot be a guarantor of the honesty, quality, reliability, or performance of the
Counselor, nor is CL an agent of the Counselor or vice versa. Accordingly, the User hereby releases and
agrees to hold CL, 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 CL, 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 CL, 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 CL or from some other cause. Furthermore, CL's aggregate liability arising under or
with respect to the Agreement, and specifically the Advice Services, shall in no event exceed the total fees
(as established by CL and listed on the Service) paid or payable by the User to CL or the Counselor.
10. Choice of Law
This Agreement shall be construed and controlled by the laws of the State of Arkansas.
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 Arkansas. User agrees to personal jurisdiction by the State and Federal
Courts sitting in the State of Arkansas.
11. Merger Clause
This 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.
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