Welcome to our site.
PsycTech, Ltd. maintains this Web site as a service to our
customers. By subscribing to the interactive self-help program
designed to help individuals reduce or stop pulling out their
hair (the "Program") offered on our www.StopPulling.com
site (the "Site"), you are agreeing to comply with
and be bound by the following terms of use. Please review
the following terms carefully. If you do not agree to these
terms, you should not review information or subscribe to the
program offered on this site.
1. Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms
of Use Agreement ("Agreement") with respect to your
subscription to the Program offered on 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. This Agreement may
be amended at any time from time to time by us without specific
notice to you. The latest Agreement will be posted on the
Site, and you should review this Agreement prior to using
the Site.
2. Intellectual Property.
The content, organization, graphics, design, compilation,
magnetic translation, digital conversion and other matters
related to the Program and the Site are confidential and proprietary
information (the "Information") 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 Information
or any part of the Site, except as allowed by Section 3, is
strictly prohibited. You do not acquire ownership rights to
any content, document, materials or other Information viewed
through the Site. The posting of Information on the Site does
not constitute a waiver of any right in such Information.
You agree to keep all Information on the Site confidential
and not to disclose, directly or indirectly, any Information
to any third party.
3. Limited Right to Use.
The viewing, printing and downloading of any content, graphic,
form, document or other Information from the Site grants you
only a limited, nonexclusive license for use solely by you
for your own personal 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 personal use (but not for resale or redistribution).
No linking to the Site is permitted without the prior written
permission of PsycTech, Ltd.
4. 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.
5. Indemnification.
You agree to indemnify, defend and hold us and our partners,
attorneys, staff and affiliates (collectively, "Affiliated
Parties") harmless from any liability, loss, claim and
expense, including reasonable attorneys' fees, related to
your violation of this Agreement or use of the Site.
6. 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.
7. Disclaimer and Limits.
STOPPULLING.COM IS AN INTERACTIVE SELF-HELP PROGRAM DESIGNED
TO ASSIST PEOPLE MODIFY THEIR OWN BEHAVIOR. THE PROGRAM IS
NOT THERAPY AND IS NOT INTENDED TO REPLACE THERAPY. THE PROGRAM
DOES NOT PURPORT TO CURE TRICHOTILLOMANIA. STOPPULLING.COM
DOES NOT GUARANTEE SUCCESS WITH THE PROGRAM. RESULTS OF THE
PROGRAM ARE DIFFERENT FOR EVERY PERSON. YOU USE THE PROGRAM
AT YOUR OWN RISK. IF YOU HAVE ANY QUESTIONS ABOUT THE PROGRAM,
YOU SHOULD CONSULT WITH A MEDICAL PROFESSIONAL.
THE INFORMATION FROM OR THROUGH THE SITE IS 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, SERVICES
AND PROGRAMS MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER
FOR YOUR USE OF ANY INFORMATION, SERVICE OR PROGRAM. 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 IS A FUNDAMENTAL ELEMENT
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, DOCUMENT OR PROGRAM 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.
8. Use of Information.
We reserve the right, and you authorize us, to use and assign
all information regarding Site uses by you and all information
provided by you in any manner consistent with our Privacy
Policy.
9. Privacy Policy.
Our Privacy Policy, as it may change from time to time, is
a part of this Agreement.
10. Payments.
You represent and warrant that if you subscribe to our Program,
(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.
11. Links to Other Web Sites.
The Site contains links to other Web sites. We are not responsible
for the content, accuracy or opinions express in such Web
sites, and such Web sites are not investigated, monitored
or checked for accuracy or completeness by us. Inclusion of
any linked Web site on our Site does not imply approval or
endorsement of the linked Web site by us. If you decide to
leave our Site and access these third-party sites, you do
so at your own risk.
12. Links to Our Web Site.
Links to our Site are not permitted without the prior written
permission of PsycTech, Ltd.
13. Cancellation Policy
If a program purchased by you proves to be defective or not
to your reasonable satisfaction, you may cancel your subscription
at any time by choosing the "Cancel" option under
your Account page. Please read all
about the program and our Terms of Use policy before purchasing
as PsycTech, Ltd does not issue refunds. This Section
13 sets forth your sole and exclusive right to refund and
return.
14. Use of Progeam by Minors
All persons under the age of 18 years wishing to subscribe to the program must obtain parental consent for use of a credit card.
15. Miscellaneous.
This Agreement shall be treated as though it were executed
and performed in Houston, Texas, and shall be governed by
and construed in accordance with the laws of the State of
Texas (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 7. The language in
this Agreement shall be interpreted as in accordance with
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 Houston, Texas.
You expressly submit to the exclusive jurisdiction of said
courts and consent to extraterritorial 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.
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