COUNSELINGBOOK.COM & ZOMIND INC. TERMS OF USE
1. ACCEPTANCE OF TERMS
This website is owned and operated by Zomind Inc. Zomind Inc. is hereinafter referred to as the "owners of counselingbook.com" or "owners".
The website counselingbook.com provides resources which may include classified ads,video, audio,images, articles, and email services which are collectively referred to hereafter as "the Service" or “counselingbook.com” or “the website counselingbook.com”.
Counselingbook.com may from time to time at its discretion and for its sole benefit add additional resources and you agree that any additional resources will be included in the term “the Service”or “counselingbook.com” or “the website counselingbook.com”. The Service is subject to the following Terms of Use. The Terms of Use is hereafter referred to as the ("TOU").
By using the Service in any way, you agree to comply with the the TOU. You also agree to abide by any applicable posted guidelines for all services. These guidelines may change from time to time.
You agree that should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with the website counselingbook.com in any way, your only recourse is to immediately discontinue use of the website counselingbook.com.
2. MODIFICATIONS TO THIS AGREEMENT
You agree that we reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. All modifications shall become effective immediately upon being posted to the website. You agree that it is your obligation to review this agreement on a regular basis. The terms of use will be posted at:
http://www.counselingbook.com/terms_of_use.html>
3. CONTENT
All listings, text, messages, files, images, photos, or any and all other materials or Content posted on,
transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content
originated.
You are entirely responsible for each individual item of Content that you post, email or otherwise make available
through the Service. You agree that you must evaluate, and bear all risks associated with, the use of any and all
aspects of this website including all Content and messages sent or received. You agree than under no circumstances
will the owners of the website counselingbook.com be liable in any way for any Content or for any loss or damage of any
kind incurred as a result of the use of any Content posted, emailed or otherwise made available through the Service.
You acknowledge that the owners of the website counselingbook.com do not have any obligation to pre-screen or approve Content. The owners of the website counselingbook.com do not pre-screen or approve or confirm the authenticity of any claims made on the ads or listings or other Content posted on this website. You agree that the owners of the website counselingbook.com have no obligation to confirm the authenticty of any claims made on this website.
The owners of the website counselingbook.com shall have the right in their sole discretion to refuse,
delete modify or move any Content that is available through the Service, for any reason it deems appropriate
and for the sole benefit of the owners of the website counselingbook.com .
4. THIRD PARTY CONTENT, SITES, AND SERVICES
The website counselingbook.com and Content available through this website counselingbook.com may link you or provide
you with access to third party Content, or other resources which may or may not be completely independent of the
website counselingbook.com. This access or link to third party content or resources, may include links to other services,
products directories, web sites, computer technology of any kind, computer networks, or other information,images,
audio or video. The website counselingbook.com may allow you to link to any part of the internet without restriction
and without any obligation to provide such restriction.
If you choose to interact with any individual or organization or make use of any information, product,goods, video,
audio image or service you have obtained as a consequence or result of having used the website counselingbook.com you agree that the owners of the website counselingbook.com shall not in any way be responsible or liable for any loss or damage of any sort which you may have incurred from the use of the information, product,goods, video, audio image or service or from any dealings with any individual or organization you have interacted with as a consequence of having used the website counselingbook.com. Any services, counseling, treatment, psychotherapy, purchases, payments, agreements, warranties, conditions, or other representations associated with any dealings with any persons or companies or organizations are soley between you and such organizations, companies or individuals. It is your responsibility to make whatever research or investigations you feel necessary and appropriate before entering into any agreement, purchase, treatment, counseling, therapy or any other service either online or offline.
You agree that it is your responsiblity to check with your medical physician before relying on or using any information you may have obtained as a consequence of having used the website counselingbook.com. You agree that the owners of the website counselingbook.com have no obligation to ensure that any information obtained as a consequence of using the website counseling is valid, reliable, true ,medically or psychologically appropriate or suitable for you. You agree that the owners of the website counselingbook.com shall not be responsible or liable for any loss or damage of any sort incurred as a result of having read, seen or heard any information, Content, material, video, pictures, images ,email or sound as a consequence of having used the website counselingbook.com.
If there is an disagreement or a dispute as a consequence of of using the website counselingbook.com you understand and agree that the owners of the website counselingbook.com are under no obligation to become involved. In the event that you have a dispute with one or more other users of the website counselingbook.com, you hereby release the owners of the website counselingbook.com, its officers, employees, agents and
successors in rights from claims, demands and damages (actual and
consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disagreements or disputes and / or our service.
5. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you have reasonable reasons to believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify us at admin@counselingbook.com
6. INFORMATION DISCLOSURE
You acknowledge and agree that the owners of the website counselingbook.com may, in their sole discretion, preserve or disclose your Content, as well as any information provided by you such as email addresses, IP addresses, timestamps,private messages and other user or private information provided by you as a consequence of your use of the website counselingbook.com.
7. CONDUCT
You agree not to use the website counselingbook.com in anyway that is that is unlawful, harmful, threatening, abusive, harassing, defamatory,libelous, invasive of another's privacy, or is harmful to anyone in any way.
You agree not to post text, images, any Content, email or any other information communicated visually, or through sound that might reasonably be expected to cause harm to any individual or group of individuals, company or organization.
Specifically you agree not to post any information or Content that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation,race, ethnicity, age, or disability.
You agree not to use the website counselingbook.com in any way that violates or contravenes the laws within the region or country where you are residing. You agree not to use the website counselingbook.com in anyway that violates or contravenes the the laws and regulations of any country or region you have directed a listing , ad or communication to even if you do not reside in that country.
You agree not to represent yourself or your affiliations in any way which is not completely true.
You agree not to represent yourself in anyway that is false, deceptive, misleading, deceitful, misinformative.
You agree not communicate any Content that you do not have a right to make available under any law or under contractual or fiduciary
relationships.
You agree not to use the website counselingbook.com in anyway that constitutes or contains "spam," "link referral code",
"chain letters, "affiliate marketing,", "pyramid schemes", "junk mail", or or any unsolicited commercial advertisement;
You agree to post only Content that is related to health and is intended to help improve health.
You agree not to email users of the website counselingbook.com who have not indicated that they wish you to contact them about other services, products or commercial interests.
You agree that the use of the names or any other information in this directory may not be used for any marketing or sales purpose or to establish independent data files or information without the express written permission of the the owners of the website counselingbook.com.
You agree not to solicit any individuals who have placed listings on this site for commercial or other purposes unless written permission has been granted by the owners of counselingbook.com.
You agree not to transmit either directly or indirectly any software viruses or any other computer code or files or programs which would interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
You agree not to engage in any activity such as but not limited to interrupting the normal flow of information with an excessive amount of Content (flooding attack).
You not to engage in any activity which would reasonably be considered harmful to the the functionality of the website counselingbook.com.
You agree not to employ misleading email addresses, forged headers or otherwise manipulate identifiers in order to disguise the origin of Content transmitted through the Service.
You agree not to "stalk" or otherwise harass anyone;
You agree not to collect personal data about other users for commercial or unlawful purposes;
You agree not to use any means, including spiders, robots, crawlers, data mining tools, or other similair tools or methods to download data from the website counselingbook.com.
You agree not to post irrelevant Content of any form and you agree that if there could reasonably be considered
ambiguity, doubt or question as to relevancy of the material being posted that it is your obligation to write to
admin@counselingbook.com and obtain clarification prior to posting what would reasonably be considered questionable or irrelevant Content. You agree to accept and abide by any instruction or decision by the administrator of the website counselingbook.com with regards to the posting of material which would be considered irrelevant, questionable or unnacceptable and agree not to repeatedly post the same or similar Content. You agree that should you object to the decision or instruction of the owners of the website counselingbook.com your only recourse is to discontinue use of the website counselingbook.com.
You agree not represent yourself as being qualified to offer services you are not qualified to provide.
You agree that all statements and qualifications and information provided in your listing or posting are true.
You agree not to impose an unreasonable or disproportionately large load on our servers.
You agree to post listings in the appropriate categories and not to post more than one listing in each category.
You agree not to attempt to gain unauthorized access to website counselingbook.com or its computer systems.
You agree not to engage in any activity that disrupts or interferes
with the performance of, or impairs the functionality of the website counselingbook.com.
You agree to only post each listing manually and you agree not to use any form of automated device or computer program that enables submission of postings to the website counselingbook.com.
8. POSTING AGENTS
You agree that any listing posted by you represents only yourself and not some other person or organization.
Third-party agents, services or other companies, individuals or organizations whose intended purpose is to post listing on behalf of others are strictly prohibited from using this service.
9. NO SPAM POLICY
Any unauthorized use of the website counselingbook.com's computer systems is a violation of the TOU.
You agree that you cannot send unsolicited email advertisements to
counselingbook.com's email addresses or through counselingbook.com's computer systems.
10. PAID POSTINGS AND REFUNDS
The owners of the website counselingbook.com reserve the right to charge a fee to post Content in some categories or areas of the Service.
All sales of classified postings on counselingbook.com are final and Zomind Inc is unable to offer refunds. Please look at the example listings to ensure that you are satisfied with the upgraded lisitng package before purchasing.
Any and all fees paid will be not be refunded if the the Content is removed from the Service for violating this agreement.
Any individual, company or organization or other party which posts Content to the website counselingbook.com is responsible for the Content they post and is also responsible for being in compliance with this agreement.
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11. LIMITATIONS ON SERVICE
You agree that the owners of the website counselingbook.com reserve the right to limit the use of the website counselingbook.com in any and all ways. Limitations may be set at the sole discretion of the owner's of the website counselingbook.com and for the sole benefit of the owners of the website counselingbook.com. Theses limitations to the use of the website counselingbook.com may include but are not limited to the number of days that Content will be retained, the ability to send or receive email, the number and size of postings the frequency with which you may access the website,and the storage or transmission of any other Content.
You agree that the owners of the website counselingbook.com and its owners have no liability for failure to store any Content, or for deletion of any Content, or failure to transmit any Content.
You agree that the website counselingbook.com and all services (or any part thereof) it offers may be modified or discontinued with or without notice and that the owners of the website counselingbook.com
shall not be liable to you or to any third party for any modification,suspension or discontinuance of the website counselingbook.com
12. ACCESS TO THE SERVICE
The owners of the website counselingbook.com grant you a revocable, limited,nonexclusive license to access the website for your own personal use.
This license excludes access to the Service by Posting Agents or any individual or organization of company providing similar services.
This license also excludes any collection,aggregation, copying, duplication, display or derivative use of the website counselingbook.com.
This license also excludes the use of spiders,robots, data mining, or any other similar data gathering tools.
There is a limited license exception provided to general purpose internet search engines and non-commercial public archives that gather information exclusively for the purpose of displaying hyperlinks to the website counselingbook.com. General purpose internet search engines and noncommercial public archives to whom this exception applies must gather information from a stable IP address or range of Ip addresses and use an easily identifiable agent. General purpose internet search engines and noncommercial public archives must comply with our robots.txt file.
Any website or information gathering technology of any sort that specializes in classified listings or a subset of classified listings or is in the business of providing classified ad listing services is specifically excluded from a license to access or use the website counselingbook.com.
You are allowed to create a hyperlink on your website to individual postings on the website counselingbook.com as long as the hyperlink is created for noncommercial or news reporting purposes only. You agree that the maximum number of postings displayed or linked to on your website will be limited to 25 postings. If the number of postings on your website exceeds 25 you agree that you will be violating the terms of this agreement.
You also agree that by creating a hyperlink to any part of the website counselingbook.com that the the link will not portray the website counselingbook.com, its owners,its employees, or its affiliates in a derogatory, misleading,false, or offensive manner.
The use of the website counselingbook.com beyond the scope which has been expressly granted to you by the owners of the website counselingbook.com will immediately terminate any and all permission to access or use the website counselingbook.com in manner and any permission or license previously granted will be immediately terminated.
13. TERMINATION OF SERVICE
You agree that your account can be terminated, your Content and messages deleted and your IP address blocked and you furthermore agree that these actions may be done without notice and for any reason for the sole benefit of the owner of the website counselingbook.com and futhermore you agree that these actions may be done at the sole discretion of the owner of the website counselingbook.com.
14. PROPRIETARY RIGHTS
The website counselingbook.com is protected to the maximum extent permitted by copyright laws and all international treaties.
You further agree not to copy or reproduce Content from the website counselingbook.com without the express written consent of the owners of counselingbook.com.
You may not attempt to discover any source code contained in the
in the website counselingbook.com. You may not decompile or disassemble, reverse engineer the source code for the website counselingbook.com.
You agree not to exploit for any commercial purposes, any
aspect of the website counselingbook.com.
By posting Content to any public area of the website counselingbook.com you automatically grant, and represent and warrant that you have the right to grant, to the owners of the website counselingbook.com a completely paid, perpetual,irrevocable, non-exclusive, worldwide
license to use, copy, perform, display, and distribute said Content.
You also agree that by posting Content to any public area of the website counselingbook.com you automatically grant the owners of counselingbook.com a completely paid, perpetual,irrevocable, non-exclusive, worldwide license to prepare derivative works of, or incorporate into other works, any Content,and to grant and authorize sublicenses at no cost and without any restriction of any kind.
15. DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOU ARE USING THE WEBSITE COUNSELINGBOOK.COM ENTIRELY AT
YOUR OWN RISK. THE WEBSITE COUNSELINGBOOK.COM AND ALL SERVICES AND OR INFORMATION ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND.
TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE
FULLEST EXTENT PERMITTED BY LAW.
TO THE FULLEST EXTENT PERMITTED BY LAW THE WEBSITE COUNSELINGBOOK.COM AND ITS OWNERS DISCLAIMS ANY WARRANTIES FOR THE TIMELINESS, ACCURACY, RELIABILITY,VALIDITY, SECURITY, AND PERFORMANCE OF THE WEBSITE COUNSELINGBOOK.COM.
TO THE FULLEST EXTENT PERMITTED BY LAW THE WEBSITE COUNSELINGBOOK.COM AND ITS OWNERS DISCLAIMS ANY WARRANTIES FOR TIMELINESS, ACCURACY, RELIABILITY,VALIDITY, SECURITY, AND PERFORMANCE OF ANY AND ALL SERVICES, PRODUCTS, GOODS OR INFORMATION OFFERED ON THE WEBSITE COUNSELINGBOOK.COM OR CONNECTED IN ANY WAY EITHER DIRECTLY OR INDIRECTLY TO THE WEBSITE COUNSELINGBOOK.COM.
TO THE FULLEST EXTENT PERMITTED BY LAW THE WEBSITE COUNSELINGBOOK.COM AND ITS OWNERS DISCLAIMS ANY WARRANTIES FOR TIMELINESS,ACCURACY,RELIABILITY,VALIDITY, SECURITY, AND PERFORMANCE OF ANY SERVICES, OR FOR ANY INFORMATION OR PRODUCTS OR GOODS OFFERED OR ADVERTISED ON THIS WEBSITE OR ENCOUNTERED AS A CONSEQUENCE OF HAVING USED THE WEBSITE COUNSELINGBOOK.COM.
16. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE OWNERS OF THE WEBSITE COUNSELINGBOOK.COM BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF THE OWNERS OF COUNSELINGBOOK.COM HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE COUNSELINGBOOK.COM OR WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE COUNSELINGBOOK.COM OR FROM INABILITY TO USE THE WEBSITE COUNSELINGBOOK.COM OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE COUNSELINGBOOK.COM. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE COUNSELINGBOOK.COM OR ANY LINKS ON THE COUNSELINGBOOK.COM WEB SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE COUNSELING.COM WEBSITE OR THE SERVICE OR ANY LINKS ON THE COUNSELINGBOOK.COM WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions,limitations of liability are not permitted.
In such jurisdictions, some of the foregoing limitation may not apply to you.
17. INDEMNITY
You agree to indemnify and hold the owners of the website counselingbook.com, its officers, subsidiaries,affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand,including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.
18. GENERAL INFORMATION
The TOU constitute the entire agreement between you and the owners of counselingbook.com and govern your use of the Service, superseding any prior agreements between you and the owners of the website counselingbook.com. The TOU and the relationship between you and the owners of the website counselingbook.com shall be governed by the laws of the Province of Ontario, Canada without regard to its conflict of law provisions. You and the owners of the website counselingbook.com agree to submit to the personal and exclusive jurisdiction of the courts located within the Province of Ontario,Canada. The failure of the owners of the website counselingbook.com to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
19. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.