ThrivepointCounseling.com (the “Site”) is an online informational, educational and promotional service provided by Dr. Brandon Santan, PhD, LPC/MHSP, NCC, DCC and is subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. DR. SANTAN MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are the owner of the Site, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use, provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to the owner of the Site a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to the Site by all means and in any media now known or hereafter developed. You also grant to the owner of the Site the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against the owner of the Site for any alleged or actual infringement or misappropriation of any proprietary right in your communications to the Site.
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of the Site. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by the Site, the owner of the Site do not operate, control or endorse any information, products or services on the Internet in any way. Except for information, products or services identified as belonging to the owner of the Site, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with the Site. You also understand that the owner of the Site cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. THE OWNER OF the Site PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND the Site SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. THE OWNER OF the Site DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. THE OWNER OF the Site HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL THE OWNER OF the Site BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SITE, OR DOWNLOADED FROM THE SITE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF THE OWNER OF OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, the Site’s LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
The owner of the Site makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-ThrivepointCounseling.com web site, please understand that it is independent from the Site, and that the owner of the Site has no control over the content on that web site. In addition, a link to a website does not mean that the owner of the Site necessarily endorses or accepts any responsibility for the content, or the use, of such web site.
You agree to indemnify, defend and hold harmless the owner of the Site, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorney fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Site and/or Services.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of the Site and its owners officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights), 6 (Miscellaneous) and 7. (Legal notice to PicScout, Getty Images, PicScout Clients and Cyveillance Intelligence Center, their subsidiaries, agents and assigns shall survive any termination of this Agreement.
This Agreement shall all be governed and construed in accordance with the laws of the USA applicable to agreements made and to be performed in the USA. You agree that any legal action or proceeding between the owner of the Site and you for any purpose concerning this Agreement or the party’s obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the USA and the state of Georgia. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. The Site owner’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. The owner of the Site may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
7. LEGAL NOTICE TO PICSCOUT, GETTY IMAGES, PICSCOUT CLIENTS, and CYVEILLANCE INTELLIGENCE CENTER their subsidiaries, agents, and assigns:
You are prohibited from accessing this site!
Legal Notice to PicScout, http://www.picscout.com, Getty Images, http://www.gettyimages.com/ trading as: GYI, all other customers of PicScout, and Cyveillance Intelligence Center http://www.cyveillance.com, and to any and all clients of Cyveillance Intelligence Center, their subsidiaries, agents, or assigns are prohibited from accessing the Site
1: Permission for the copyright scanning robot program known as PicScout and for robots owned or operated by Cyveillance Intelligence Center, Getty Images, their subsidiaries, agents, and assigns to access this site is explicitly denied. All other robots which scan content for the purpose of any law enforcement, criminal or civil, are also denied permission to access this site at any time without a duly served warrant in accordance with the 4th Amendment of the Constitution of the United States of America and duly codified laws of the State of Georgia.
2: All photo, video, and audio content on the Site is licensed for all noncommercial reproduction with attribution to the Site EXCEPT by any law enforcement agency, Getty Images, PicScout, and Cyveillance Intelligence Center or any of their subsidiaries, agents, or assigns; or by any other corporation that has at least once filed a copyright infringement lawsuit against one or more online users of their content. Use of any original the Site story, photo, audio, or video recording for any purpose, by any entity which is a plaintiff in a copyright infringement case is hereby prohibited.
3: Getty Images, PicScout, and Cyveillance Intelligence Center their subsidiaries, agents, and assigns are explicitly prohibited from using any image or video that originated in a the Site camera for any purpose. These photos are released for noncommercial use by the general public with attribution to the Site, our agents, or assigns; their use for any monetary gain by any party claiming copyright against a third party downloader from a third party web site shall be treated as a copyright violation under this Notice.
***Notice concerning demands for damages originating from Getty Images, PicScout, Cyveillance Intelligence Center, or any of their subsidiaries, agents, or assigns or any other scanning robot users sending “demand notices” prior to DMCA takedown notices.
We regard Getty Images, PicScout, Cyveillance Intelligence Center, or any of their subsidiaries, agents, or assigns as entities engaged in extortion. As such, all payment demands SHALL BE REFUSED if any threats of legal action are ever received from Getty Images, PicScout, Cyveillance Intelligence Center, their subsidiaries, agents, or assigns or any other copyright holder demanding “damages” prior to sending DMCA takedown notifications. Not only will we refuse to pay the funds you demand and we shall instead seek liquidated damages in the amount of not less than $25,000 US per violation of our Terms of Service concerning image scanning robots.
THE INFORMATION ON THIS SITE DOES NOT CONSTITUTE A COUNSELOR-CLIENT RELATIONSHIP. THIS SITE IS FOR EDUCATIONAL, INFORMATION AND PROMOTIONAL PURPOSES ONLY AND NOT INTENDED TO SUBSTITUTE FOR COUNSELING WHEN NEEDED. IF YOU ARE HAVING A CRISIS PLEASE CALL 911.