TERMS AND CONDITIONS
COMPLIANCE WITH TERMS AND UPDATES: You agree to use the services in compliance with these all of the terms and conditions set forth in this Agreement.
We reserve the right to modify this Agreement at any time. If we do this, we will post the changes to this Agreement on this page and will indicate at the top of this page the date those terms will be effective. We will attempt to give you advance notice of any substantive changes, but reserve the right to make such modifications immediately if required. Your use of the Services after any such changes become effective constitutes your acceptance of the new Agreement . If you do not agree to abide by these or any future Agreement, do not use or access (or continue to use or access) the Services. It is your responsibility to check to determine if there have been changes to these Agreement and to review such changes.
BY USING THE SITE AFTER ANY SUCH CHANGES TAKE PLACE, YOU SIGNIFY YOUR ACCEPTANCE OF THE CHANGE(S) AND YOUR AGREEMENT TO BE BOUND BY THEM. IN ADDITION, YOU ARE REQUIRED TO READ AND ABIDE BY ANY ADDITIONAL TERMS AND CONDITIONS THAT MAY BE POSTED ON THIS SITE FROM TIME TO TIME CONCERNING INFORMATION OBTAINED FROM SPECIFIC THIRD PARTY PROVIDERS. SUCH THIRD PARTY PROVIDERS SHALL HAVE NO LIABILITY TO YOU FOR MONETARY DAMAGES ON ACCOUNT OF THE INFORMATION PROVIDED TO YOU VIA THIS SERVICE.
LIMITATION OF LIABILITY AND INDEMNITY
DISCLAIMER OF WARRANTIES AND LIABILITY:
THE COMPANY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME THE COMPANY MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY THE COMPANY HEREIN) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
IN NO CASE SHALL THE COMPANY, ITS DIRECTORS, MANAGING MEMBERS, OFFICERS, MEMBERS, EMPLOYEES, CONSULTANTS, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR PREVIOUSLY AWARE OF THE LIKELIHOOD OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE COMPANY'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
THE COMPANY SHALL USE REASONABLE EFFORTS TO PROTECT MATERIALS OR INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND THE COMPANY HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
THE COMPANY DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND THE COMPANY DISCLAIMS ANY LIABILITY RELATING THERETO.
WAIVER AND INDEMNITY: BY USING THE SERVICES, YOU AGREE TO INDEMNIFY AND HOLD THE COMPANY, ITS DIRECTORS, MANAGING MEMBERS, OFFICERS, MEMBERS, EMPLOYEES, CONSULTANTS, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS, LIABILITIES, LOSSES, COSTS (INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES), AND/OR DAMAEGES OF AN KIND ARISING OUT OF (A) YOUR BREACH OF THIS AGREEMENT, (B) YOUR USE OF THE SITE OR SERVICES, (C) ANY MESSAGES, INFORMATION, MATERIAL OR CONTENT UPLOADED, DOWNLOADED, USED, STORED, POSTED, PUBLISHED, DISTRIBUTED, E-MAILED, TEXT-MESSAGED, INTERNET RELAY-CHATTED, DISSEMINATED OR TRANSMITTED BY YOU, DIRECTLY OR INDIRECTLY, TO THE COMPANY, ITS DIRECTORS, MANAGING MEMBERS, OFFICERS, MEMBERS, EMPLOYEES, CONSULTANTS, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS OR ANY OTHER USER OF THE SERVICES, OR (D) ANY ACTION TAKEN BY THE COMPANY AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM THE COMPANY, ITS DIRECTORS, MANAGING MEMBERS, OFFICERS, MEMBERS, EMPLOYEES, CONSULTANTS, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICES, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF THE COMPANY'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN, RESULTING FROM, OR CONTEMPLATED BY THIS AGREEMENT.
LIMITATION OF LIABILITY: NOTWITHSTANDING ANYTHING TO THE CONTRARY, NEITHER THE COMPANY NOR ITS THIRD PARTY PROVIDERS NOR ANY PERSON THROUGH WHOM THE COMPANY MAKES THE WEBSITE AVAILABLE SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT, THE WEB SITE, OR THE USE OF, OR RELIANCE ON, THE WEB SITE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEPT TO THE EXTENT SUCH DAMAGES ARISE DIRECTLY FROM A WILLFUL BREACH BY THE COMPANY (OR THAT PERSON) OF ANY OF ITS EXPRESS OBLIGATIONS UNDER THIS AGREEMENT.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE AGGREGATE LIABILITY OF THE COMPANY AND ITS THIRD PARTY PROVIDERS ARISING FROM OR RELATING TO THIS AGREEMENT, THE WEB SITE, AND THE USE OF, OR RELIANCE ON, THIS WEB SITE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL BE LIMITED TO ACTUAL DIRECT DAMAGES THAT CAN BE FINALLY PROVED IN A COURT OF COMPETENT JURISDICTION IN AN AMOUNT NOT TO EXCEED $500.
THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER'S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT AND OPERATOR ERRORS ETC. THE COMPANY CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO REPORTS OR INFORMATION ON THE SITE.
NO WARRANTIES AS TO SECURITY: The Company makes no warranty whatsoever to you, express or implied, regarding the security of the site, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through this service. The Company is not nor will not be responsible for any loss or damage that could result from interception by third parties of any Information found in any report or available through this Site.
NO LIABILITY FOR CONTENT OR USE: The Company shall have no liability, contingent or otherwise, to you or to third parties, or any responsibility whatsoever, for the failure of any connection or communication service to provide or maintain your access to this service, or for any interruption or disruption of such access or any erroneous communication between the Company and you, regardless of whether the connection or communication service is provided by the Company or a third party service provider. The Company shall have no liability, contingent or otherwise, to you or to third parties, for the correctness, quality, accuracy, timeliness, reliability, performance, continued availability, completeness or delays, omissions, or interruptions in the delivery of the data and services available on this Site or for any other aspect of the performance of this service or for any failure or delay in the execution of any transactions through this service. In no event will the Company be liable for any special, indirect, incidental, exemplary, punitive or consequential damages which may be incurred or experienced on account of you using the data or services made available on this Site, even if the Company has been advised of the possibility of such damages. The Company will have no responsibility to inform you of any difficulties experienced by the Company or third parties with respect to the use of the services or to take any action in connection therewith.
NO LIABILIITY FOR VIRUSES AND ACCURACY OR COMPLETENESS OF INFORMATION: The Company and its affiliates assume no responsibility, and shall not be liable for any such damages to or viruses that may infect, your computer equipment, software, data or other property on account of your access to, use of, or browsing in this Site or your downloading of any materials, data, text, images, video or audio from this Site or any linked sites. The Company, its affiliates, and its third party providers further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the materials posted, set forth, downloadable or linked to this Site. The Company may make changes to any or all of these materials, or to the products described therein, at any time without notice.
NO DUTY TO UPDATE; AVAILABILITY OF INFORMATION: The information, data, products and services provided by the Company or its third party providers through this Site speaks only as of the respective dates on which the information was first created. This information can become out-of-date from the date on which the information was first created, and accordingly, may be inaccurate or incomplete when viewed, downloaded, or used by you in the first instance. Neither the Company nor its third party providers makes any commitment, and disclaims any duty, to maintain the information, data, products and services made available through this Site, update or correct any of this information, data, products or services, or supply any releases in connection therewith, except as expressly stated on this Site. Availability of information, data, products and services are subject to change without notice.
System Outages, Slowdowns, and Capacity Limitations: As a result of high Internet traffic, transmission problems, systems capacity limitations, and other problems, you may, at times, experience difficulty accessing this Site or communicating with the Company through the Internet or other electronic and wireless services. Any computer system or other electronic device, whether, it is yours, an Internet service provider's or the Company' can experience unanticipated outages or slowdowns, or have capacity limitations. Neither the Company, nor any of its clients, directors, officers or employees, nor any third party vendor, will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this Site, or resulting from the act or omission of any other party involved in making this Site, the data contained herein or the products or services offered on this Site available to you, or from any other cause relating to your access to, inability to access, or use of this Site or these materials, whether or not the circumstances giving rise to such cause may have been within the control of the Company or of any vendor providing software or services.
EXCLUSIONS: Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
MISCELLANEOUS
APPLICABLE LAWS: The Services are operated by the Company from its offices in California within the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Services. All transactions on the Services are governed by California law, without giving effect to its conflict of law provisions. Your use of the Services may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with the Company or relating in any way to your use of, or reliance on, the Services resides in the courts of the State of California, whether based in contract, tort or otherwise. Risk of loss and title for all electronically delivered transactions pass to the purchaser in California upon electronic transmission to the recipient. Neither the Company nor any of its affiliates make any representation that materials at this Site are appropriate or available for use outside the United States, and access to them from territories where the content of this Site is illegal is prohibited. While this Site may be viewed internationally and may contain references to products and services not available in all countries, such references do not imply that the Company or any of its affiliates intends to make such products or services available in such countries. You may neither use, export or re-export the materials at this Site, nor may you use any copy or adaptation of such materials, in each case, in violation of any applicable laws or regulations, including, without limitation, United States export laws and regulations.
INJUNCTIVE RELIEF: You acknowledge that the rights granted and obligations made hereunder to the Company are of a unique and irreplaceable nature, the loss of which shall irreparably harm the Company and which cannot be replaced by monetary damages alone so that the Company shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you.
ENTIRE AGREEMENT: This Agreement shall constitute the entire agreement between you and the Company regarding the subject matter hereof and shall supersede any and all prior negotiations, representations, warranties, undertakings, or agreements, written or oral, between the parties regarding such subject matter, and may be modified by the Company pursuant to the terms of this Agreement. No employee or agent of the Company has the authority to vary this Agreement.
SEVERABILITY: To the maximum extent possible, each provision in this Agreement shall be interpreted in such manner as to be valid and enforceable under applicable law. If any provision of this Agreement is held to be invalid or unenforceable under applicable law, such provision shall be modified so as to be rendered valid and enforceable while implementing, to the maximum extent possible, the original intent of such provision. If such modification is not possible or allowed, then such provision shall be ineffective only to the extent of such unenforceability or invalidity without affecting the remainder of such provision or any other provisions in this Agreement
NO WAIVER: The Company's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. The Company will not be responsible for failures to fulfill any obligations due to causes beyond its control.
NOTICES: The Company may send you notice with respect to the Services by sending an email message to your Account email address or a letter via postal mail to your Account mailing address, or by a posting on the Services. Notices shall become effective immediately.
ENFORCEMENT AND DISCLOSURE TO AUTHORITIES: The Company reserves the right to take steps the Company believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that the Company has the right, without liability to you, to disclose any registration data and/or account information to law enforcement authorities, government officials, and/or a third party, as the Company believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to the Company's right to cooperate with any legal process relating to your use of the Services and/or products, and/or a third-party claim that your use of the Services and/or products is unlawful and/or infringes such third party's rights).
GENERAL: The Company may revise these terms at any time by updating this posting. You should visit this page from time to time to review the then-current terms because they are binding on you. Certain provisions of these terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.
PRIVACY POLICY
Welcome to Aventura Counseling Center (the “Company”). BY ACCESSING AND USING OUR SERVICES, CONTENT, PRODUCTS, INCLUDING COUNSELING (COLLECTIVELY, THE “SERVICES), YOU ARE AGREEING TO ABIDE BY THE TERMS OF OUR PRIVACY POLICY. The following is a description of our Privacy Policy, which may be updated and changed from time to time without notice to you, subject to applicable law.
Protecting your privacy is important to us. To better protect your privacy, the Company wants you to know what information we learn about you when you visit this site, what we do with that information, and what choices you can make about the way your information is collected and used.
In no event shall you be entitled to any compensation for the use of any of your personal information.
Information Collection. When you use our Services, we recognize only your apparent network address (IP address). The only way we will see your personal information, such as your name, address, phone number or e-mail address, is if you provide it to us by filling out a form or sending us an e-mail message. We use the information that you provide to us when you register on a page for the Services, fill out a survey, or otherwise voluntarily tell us about yourself or your activities for our own use to improve our products and services and the content of the Services. You may also receive mailings or other communications from the Company or carefully selected third parties. We always offer you the option to decline any or all of these communications by clicking the unsubscribe link in our e-mails or by sending an e-mail message to us at hannyh@me.com telling us that you do not want to receive e-mail or other mail from the Company.
The Company however does use “cookies” to collect information about how the Services are used. See “ABOUT COOKIES” below. Information, such as the server your computer is logged onto, your browser type (e.g., Internet Explorer or Firefox), and whether you responded to a banner ad on the website from which you are accessing the Services or e-mail, as well as any stored preferences of our registered users that may be stored in “cookies”, is collected and tracked in aggregate. This information is sued for purposes of measuring response rates to banner ads and e-mail offers, as well as for measuring and improving our web site and for providing web site analytics that may be useful for us to sell or develop our products, services or advertising to third parties.
Registration for Online Products and Services. In order to provide you with a particular product or service online, we may request that you voluntarily supply us with personal information, including your e-mail address and credit card number, for purposes such as correspondence, site registration, checking your account status online, making a purchase or participating in online surveys, and enabling us to provide an online product or service to you in an efficient manner. If you are known to us as a registered online customer, we may combine information about your use of the Services and the online product or service you utilize with certain other online and offline information we have about you as a customer and information you have provided to us as well as information available from external sources, such as census bureau data, in order to customize your online experience and present you with relevant online and offline offers and updates. We also use a "cookie" to enable our server to recognize you as a registered as our online customer when you re-access the Services.
Information Use. We may use information you have given us to, for example, provide a service, ensure proper billing, measure consumer interest in our various services and inform you about products and services. If you have provided your e-mail address to us or to a company we've partnered with to make their products and services available to you, we may send you e-mail offers. We may also send you e-mail offers if you have provided your e-mail address to a third party and have actively chosen or requested, on an opt-in basis, to receive e-mail offers from other parties. These offers may be based on information you provided in your initial transaction with us, in surveys, from information that may indicate purchasing preferences and lifestyle, as well as information available from external sources, such as census bureau data. These e-mail offers come directly from the Company. You can opt out from receiving e-mail offers from the Company as described below in the section, "DECLINING E-MAIL OFFERS."
When we send e-mails to you, we may be able to identify information about your e-mail address, such as whether you can read graphic-rich html e-mails. If your e-mail address is html-enabled, we may choose to send you graphic-rich html e-mails.
Please note that we do not provide your e-mail address to our business partners. However, we may send you offers on behalf of our business partners. Keep in mind that if you take advantage of an offer from our business partner and become their customer, they may independently wish to send offers to you. In this case, you will need to inform them separately if you wish to decline receiving future offers from them.
Our goal is to deliver offers to people who we believe will find them of value. Offers are developed and managed under strict conditions designed to safeguard the security and privacy of customer personal information.
Declining E-mail, Direct Mail or Telemarketing Offers. The Company provides customers with an easy means to decline receiving e-mail, direct mail or telemarketing offers. Although some customers tell us they appreciate receiving notice of these carefully designed opportunities, we recognize the importance of providing you with choices. At any time, you may request to discontinue receiving these offers from us by simply replying to the e-mail and informing us of your preferences. All e-mail, direct mail or telemarketing offers that you receive from the Company will inform you of how to decline receiving further such offers.
Commitment to Privacy. This Privacy Statement applies only to our United States customers and U.S. visitors to our web site. If you are a U.S. customer and have questions about our online Privacy Statement or your account, please send us e-mail at legal@insultwars.com. You may also request a copy of the Privacy Statement we posted prior to the Web updates made to this document. Our Privacy Policy may be modified with respect to certain jurisdictions as needed for particular products and services, or to conform to local laws or customs around the world.
We provide links to third party sites. We try to alert you where ever possible when you will be leaving the website from which the Services are hosted or from which you are accessing the Services, but we may not be able to do so all of the time. As we do not control these web sites, we encourage you to review the privacy policies posted on these and all third party sites. You should be aware that other Internet sites to which you link from our web site might contain privacy provisions that differ from the provisions of our Privacy Statement.
About Cookies. Cookies were originally designed to help a web site distinguish a user's browser as a previous visitor and thus save and remember any preferences that may have been set while the user was browsing the site. A cookie is a small string of text that a web site can send to your browser. A cookie cannot retrieve any other data from your hard drive, pass on computer viruses, or capture your e-mail address. Currently, web sites use cookies to enhance the user's visit; in general, cookies can securely store a user's ID and password, personalize home pages, identify which parts of a site have been visited or keep track of selections in a "shopping cart."
If you are just browsing the Services, a cookie identifies only your browser. If you become a registered online customer of the Company (with a designated user ID and password), we use cookies so that we can provide customized information that we believe our customer, as well as information available from external sources such as the census bureau. The preferences in your cookies are available to us for reviewing and measuring the analytics of how our web site is being used, and such data is aggregated by us. It is possible to set your browser to inform you when a cookie is being placed. This way, you have the opportunity to decide whether to accept the cookie. If you are just browsing the Services and are not a registered online customer, you do not have to accept a cookie and you may continue visiting the Services.
The Company reserves the right to change or update this policy at any time without notice by updating this posting. All updates to this policy will be posted here. You should visit this page from time to time to review the then-current terms because they are binding on you.