Psycanics Web Site

Terms and Conditions of Use

(Effective May 4, 2007)

Please read these Terms and Conditions of Use carefully before using this Site. By using the Site, you agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Site.

Psycanics ("Psycanics Foundation" or "Psycanic Science") may revise and update these Terms and Conditions at any time. Your continued usage of the Psycanics Web Site ("Psycanics Foundation Site," "Psycanics.com," "Psycanics.info," "Psycanics.org," "Psycanics Site," the "Web Site" or the "Site") will mean you accept those changes.

SITE USER RESTRICTIONS

All information and materials on this Site, including but not limited to, text, trademarks, logos, graphics, and images (the "Materials"), are the copyrighted works and other forms of intellectual property of Psycanics or third parties who have authorized use of the Materials on this Site. Unless otherwise provided in respect to specific areas or materials on the Site, Psycanics grants you only the limited license to display the Materials on your personal computer or personal wireless device, and to copy and download such Materials, provided that: (1) any copyright, trademark or other notice appearing on such Materials is also retained by, displayed, copied, or downloaded as part of the Materials, and is not removed or obscured, and (2) such display, copy, or download is used solely for your personal information. Such Materials may not be distributed, transmitted, displayed, or broadcast in any manner or for any purpose, unless specifically noted. You acknowledge and agree that you have no right to nor will you modify, edit, alter, or enhance any of the Materials in any manner. This limited right terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited right of display, User agrees to immediately erase or otherwise destroy any downloaded and printed Materials. Except as expressly stated herein, you acknowledge that you have no legal right, title, or interest in or to the Materials other than a limited right of display.

THIRD PARTY CONTENT

Psycanics is a venue for content supplied by third parties and visitors to its Site. Accordingly, Psycanics has no specific prior review process or editorial control over such content, specifically the Forum. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Members or any other User of this Site, are those of the respective parties and not necessarily those of Psycanics. Neither Psycanics nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any third-party content, nor its merchantability or fitness for any particular purpose.

You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all material they contain and that such Postings do not infringe any proprietary or other rights of third parties.

LINKS TO AND FROM THIRD PARTY SITES

There may be links established between this Site and other sites on the World Wide Web or Internet which are not under the control of, or maintained by, Psycanics. Such links do not necessarily constitute an endorsement by Psycanics of those sites. Psycanics undertakes no obligation to monitor such sites, and User agrees that Psycanics is not responsible for the content of such sites, or any technical or other problems associated with any such third-party Site, links, or usage. You further agree that in the event that you establish a link from any other site to the Site, you will immediately discontinue such link upon receiving written notice from Psycanics of its objection to any such link.

CHANGES IN TERMS AND CONDITIONS AND CHANGES IN THE SITE

Psycanics may, in its sole discretion and at intervals of its sole choosing, modify this Site and/or the Site Use Agreements/Policies connected with them at any time and without prior notice. It is the responsibility of each User to monitor such changes, and to determine whether or not to continue to access and use the Site based upon any such changes.

TERMINATION

User's access to Site will be subject to Psycanics' authorization to access the Site. Psycanics reserves the right to terminate User's access to the Site at any time without notice, for any reason (including, but not limited to, if you violate these Terms) or for no reason. While Psycanics' preferred course of action is to advise you of your inappropriate behavior and recommend any necessary corrective action, Psycanics does not represent that it will nor is it required to either actively monitor such behavior or to provide such notice to you. Psycanics' right to terminate User's access is in addition to all other legal or equitable remedies available to Psycanics hereunder, which rights are fully and expressly reserved by Psycanics. Upon termination of this Agreement for any reason, User shall cease to use or further access any Psycanics Content or Services and be liable for any unauthorized attempts to do so via any means.

PROPRIETARY MATERIALS AGREEMENT

1. You understand that all concepts, information and materials on this Site (including without limitation trademarks, logos, graphics and images) (the "Materials") are the proprietary property of Psycanics and are protected by copyright and other applicable laws. Submissions made by you or other participants are not considered part of the Materials, but are subject to the restrictions set forth below. You acknowledge that the Materials constitute commercially valuable, proprietary, confidential property of Psycanics, the design and development of which required the investment of substantial effort, time, and money and reflect, in part, the credibility and "good will" of Psycanics.
2. 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. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
3. You have the limited right to display the Materials only on your personal computer, and to copy and download the Materials provided that: (1) any copyright and trademark notices appearing on such Materials are also displayed, copied or downloaded as part of the Materials, and are not removed, moved, or obscured, and (2) such display, copy, or download is solely for your personal informational use. This limited right to access, display, and use of the Site terminates automatically, without notice to you, if you breach any of these Terms.
4. You acknowledge and agree that you have no right to modify, edit, alter or enhance any of the Materials in any manner. The Materials may not be distributed, transmitted, or broadcast in any manner, or for any purpose, unless expressly authorized to do so by Psycanics, in advance, and in writing.
5. You agree not to use the Materials in any way that would compromise the proprietary nature of the Materials. Without limiting all of the foregoing, you agree not to deliver the Materials themselves, either reproduced or modified, or anything derived from the Materials, either orally or in writing, as part of any seminar, training program, workshop, consulting, or similar business activity which you make available to your clients or to others, except with the prior written permission of Psycanics.
6. Unless expressly indicated otherwise herein by Psycanics, even if you have previously obtained Psycanics' written permission to use any Materials or Submissions, you must obtain such written consent each time before again using any Materials or Submissions from this Site.
7. Except as expressly stated herein, you acknowledge that you have no right, title, or interest of any kind on any legal basis in or to the Materials or the Submissions of any party.
8. Upon termination of this limited license, you agree to immediately destroy any downloaded and/or printed Materials that you may have in your possession or control.

PURCHASED MATERIALS AND EBOOKS

After purchasing any downloadable eBook or product from Psycanics, it is the User's responsibility to download the eBook or product within 24 hours of purchase or receipt of access to the materials. If you believe an error has been made in the purchase, please do not download the eBook (you must contact us explaining the error at support@psycanics.org). Once you download the eBook, then it is impossible for us to refund you for it

Please note: Because of the constantly evolving nature of the eBook industry and eBook formats, we do not guarantee that eBooks you purchase from Psycanics will always be available in the formats that we currently support.

For 3 months after the initial purchase, the User may request access to a previously purchased product by sending a message with their name and order or receipt number to support@psycanics.org.

YOU EXPRESSLY AGREE that Psycanics has the right to put a temporary hold on any account while it validates credit card or e-check purchases and/or reviews such transactions for potential fraud. While an account is on hold, downloading eBooks is not allowed. Once the purchase is validated, the hold will be removed and downloading will be possible. Or, if the transaction is fraudulent, then the account will be frozen and other actions will be taken.

eBooks may not be printed, copied, or "loaned" to others due to copyright laws.

Once an eBook is downloaded, it cannot be refunded or exchanged for another eBook for for a different format of the same eBook.

All eBooks at Psycanics Site are the exclusive property of the publisher or its licensors and is protected by copyright and other intellectual property laws. The download of these product(s) is intended for the Psycanics Member's personal and noncommercial use. Any other use of eBooks downloaded from Psycanics is strictly prohibited. Users may not modify, transmit, publish, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the content of these product(s), in whole or in part. By downloading Psycanics eBooks, the User hereby acknowledges and agrees to these terms.

NOTICES

Psycanics may provide notice to User via email, or (at its discretion) via certified U.S. Mail, to the address provided on the User's registration form or such other address provided by User to Psycanics. User shall provide notice to Psycanics via email to: support@psycanics.org.

ENTIRE AGREEMENT; SEVERABILITY; NO UNINTENTIONAL WAIVER

This Agreement, including the Site's Privacy Policy, constitutes the entire User Agreement between User and Psycanics, and supersedes any prior agreements or understandings between User and Psycanics. No amendment or modification hereof will be valid or binding upon either party unless made in writing and signed by the authorized representatives of both parties.

NO THIRD PARTY BENEFICIARIES

User acknowledges and agrees that this Agreement shall in no event be construed as a third party beneficiary contract, and that it is not intended for the benefit of any person or company whomsoever except the parties hereto.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Psycanics and its affiliates and their respective directors, officers, employees, volunteers and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of your use of the Site.

JURISDICTION, DISPUTE RESOLUTION AND CHOICE-OF-LAW

The parties agree that any controversy or claim arising out of or relating to this Agreement, or the breach thereof, at the election of the initiating party, shall be settled either by the courts of the State of Texas or the United States District Court of the Texas, where applicable, or by the arbitration in Houston, in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction and venue or venue as provided above. The parties hereby acknowledge that certain rights and actions relating to the Site are not compensable with monetary damages and, therefore, hereby consent to extraordinary relief, in equity, including but not limited to injunctive relief, which may be entered and shall be deemed fully enforceable, by either a court or the AAA, with jurisdiction of the matters arising under or relating to the Web site, its Terms and Conditions of Use and/or its Privacy Policy Statement. Each party agrees and consents to the personal jurisdiction and venue in any of these forums for dispute resolution, and will not challenge the service of process, the legal authority, or the jurisdiction of any proceedings which, at the request or either of the parties, may be held Confidential and not publicly disclosed.

ATTORNEY'S FEES

In any action or proceeding between or among the parties hereto to interpret or enforce any of the provisions hereof, the prevailing party shall, in addition to any other award of damages or other remedy, be entitled to reasonable attorneys' fees and costs.

DISCLAIMER OF WARRANTIES

You as a User of the Site, acknowledge and agree that Psycanics has no liability for any errors or omissions in the Site, including in the Materials, whether provided by Psycanics or third parties. You further acknowledge and agree that Psycanics makes no warranty or representation of any kind as to the availability of the Site or any portion thereof, that the Site or portions thereof may be inaccessible for various time periods (whether due to Internet service provider problems or otherwise), and that Psycanics shall have no liability for any unavailability of or inaccuracy in the Site or the Materials.

User will bear all risk associated with any content that you access. User accessing of any content made available by or through Psycanics and third parties is subject to your agreement to this provision and these Terms and Conditions.

DISCLAIMER NOTICE:

PSYCANICS DOES NOT PURPORT TO OFFER ANY MEDICAL, PSYCHOLOGICAL, THERAPEUTIC, RELIGIOUS, OR OTHER PROFESSIONAL ADVICE TO USERS. PLEASE SEEK THE ADVICE OF COUNSELING PROFESSIONALS (PHYSICIANS, THERAPISTS, CLERGY, QUALIFIED BUSINESS ADVISORS, LAWYERS, FINANCIAL ACCOUNTANTS, ETC.), AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINIONS, ADVICE, OR OTHER CONTENT.

THIS SITE AND ALL SERVICES PROVIDED THROUGH IT ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, PSYCANICS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. PSYCANICS DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THIS SITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED IN THE SITE. PSYCANICS SIMILARLY DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SITE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OF SUCH MATERIAL.

UNDER NO CIRCUMSTANCES SHALL PSYCANICS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND/OR RELIANCE ON THE SITE, OR ITS ASSOCIATED PRODUCTS AND SERVICES. USER EXPRESSLY AGREES THAT SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF PSYCANICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE, PRODUCTS OR SERVICES, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THIS SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THIS SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICES, OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES.

INDEMNITIES

By using this Site, User agrees to indemnify and defend Psycanics and its parents, subsidiaries, affiliates, directors, officers, consultants, and employees and hold them harmless from any and all claims and expenses, including attorney's fees, arising from User's misuse of this Site or Service.

Privacy Policy