Important Notice of Implied Agreement:
SHM is owned by Pioneer Development Resources, Inc., herein referred to as "PDR". PDR may modify this agreement at any time. Any and all modifications are effective immediately from the date of posting on these policy pages, and may apply retroactively. It is your sole responsibility to check the three policy pages listed above for updated changes, and to act in compliance with them, as well as any and all laws that might specifically apply to you. You hereby also agree to review these documents periodically to ensure that you are aware of any updates and modifications. If you do not or cannot agree to all the terms and conditions of this agreement, you have no authority to use SHM and you are hereby required to immediately leave with website, stop all use of the SHM products, programs, or services in question, including but not limited to SHM Articles, Author Interviews, Blogs, Book Tours, Community Forums, eBooks, Podcasts, Postcards, Psychtoons, TeleWorkshops, Tests and Testimonials, herein referred to as "programs". If these terms are considered an offer by PDR, acceptance is expressly limited to these terms.
1. This website is privately owned, and therefore, edits will be made at the sole discretion of the owner.
All SHM programs are presented for the purpose of educating consumers on the general topics of self-help and psychology and are solely intended to be instructional and educational. SHM programs are not to be considered any form of medical diagnosis or treatment. The information contained in SHM's programs should not be considered complete, nor should it be relied on to suggest a course of treatment for a particular individual. They should not be used in place of an appointment, visit, call, consultation or the advice of your physician, psychologist, psychotherapist or other qualified health care practitioner. Information obtained in SHM and SHM related programs is not exhaustive and does not cover all health or mental health conditions, diseases, ailments, physical conditions, emotional states, relationship problems or their treatment. Should you have any health care-related or mental health care-related questions, please call or see your qualified health care practitioner promptly. Always consult with local professionals, such as physicians, psychologists, psychotherapists or other qualified health care, spiritual or religious leaders, or their associate practitioners before embarking on new treatments or personal change programs. Never disregard medical advice or mental health treatment or delay in seeking it because of something you have read or heard in SHM programs. The information contained in SHM is compiled from a variety of sources ("information providers"). You will not be engaging in a therapist-patient relationship in any way when you access or engage any SHM programs or any of our contributors. Neither SHM nor its information providers are directly or indirectly practicing medicine or psychotherapy, nor dispensing medical or psychotherapeutic services as part of SHM. If you choose to contact any of our information providers by calling a telephone number, accessing a website address, or email address found on our website, you agree that you are doing so at your own risk, and hereby indemnify PDR and SHM against any and all damage that may result from your contact with any of our information providers. PDR and SHM cannot and will not be responsible for any comments or treatments given to you as the result of your contacting our information providers and your private arrangements with them. Information accessed through SHM is provided "as is" without warranty, express or implied. PDR hereby excludes all implied warranties of merchantability, merchantable quality, correspondence to description, fitness for a particular purpose and non-infringement. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. PDR does not represent or warrant that SHM programs will be uninterrupted or error-free, or that typos, errors, outdated or otherwise defective information will be corrected or updated. PDR and information providers cannot and do not warrant against human, computer or mechanical errors, omissions, delays, interruptions or losses, including loss of data. PDR and information providers cannot and do not guarantee or warrant that this website, the server that makes it available, or files available for downloading from this website will be free of infection by viruses, worms, Trojan horses or other program code that manifest destructive or contaminating properties. Without limiting the generality of the foregoing, you are responsible for (1) implementing and maintaining adequate procedures and checkpoints to satisfy your particular security or safety requirements (2) maintaining a means external to SHM for the reconstruction of any lost data left on our website. By using SHM, you agree that any material downloaded or otherwise obtained through the use of SHM is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. There are no warranties which extend beyond the description on the face of this agreement. Therefore, PDR and information providers make no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of SHM.
3. Other Websites
Please use your own judgment and proceed with caution when linking out of SHM using links originating from SHM. While we provide links to outside websites, those links may contain errors and the websites at the other end may have changed between the time we linked to them and the time your reach them. They might also contain information or other influences that you will find objectionable, inappropriate or offensive or may actually harm you or your computer. Links may also lead to websites which contain inaccurate information, false or misleading advertising, or information which violates copyright, libel or defamation laws. Because PDR has no control over such websites and resources, you acknowledge and agree that PDR is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. You further acknowledge and agree that PDR and information providers shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource. SHM and information providers make no representations concerning any effort to review all of the content of websites linked from SHM, or links to those linked websites. Given the number of results from any browsing which starts with a SHM link, it would be impossible for us to know what is at the other end of any link originating from our website. PDR and SHM are also not responsible for the privacy practices of any websites linked from SHM's pages. You may need to know that while some websites publish privacy policies, many websites have been shown to not adhere to their own published policies. For your protection, it is advised that you seek ways to divert mail from your main email address to peripheral email addresses, which can easily be canceled without disrupting the flow of mail from your loved ones or trusted associates. Please take as many precautions as possible to provide an extra layer of protection between you and unscrupulous email spammers. You also hereby agree that any mis-use of your personally identifiable information by any damaging websites is not the responsibility of PDR.
4. Review of Postings and Uploads
PDR does not and cannot review all communications and materials posted or uploaded to SHM, and is not responsible for the content of these communications and materials. However, PDR reserves the right to block or remove communications or materials that it determines, in its sole discretion, to be (a) abusive, threatening, libelous, defamatory or obscene, (b) fraudulent, deceptive or misleading, (c) in violation of a copyright, trademark, other intellectual property right of another or (d) offensive or otherwise unacceptable to PDR. Any message, advice, opinion or other information contained in any program, both text (such as articles) and interactive (such as in Community Forums and TeleWorkshops), should not be construed as professional advice or instruction.
5. Limited License
By this agreement, PDR grants, subject to the terms of this agreement, only a limited, non-transferable and non-exclusive license to use the software and documentation necessary to access, explore and otherwise use SHM in real time and to use the materials in SHM in a manner consistent with paragraph 11 (copyright) below.
6. User's Agreement
You agree to: (a) maintain all equipment required for your access to and use of SHM; (b) maintain the security of your identifying and/or confidential information, including your name, telephone number, street address, email address and any websites with which you have an affiliation; and (c) be responsible for all liabilities resulting from your misuse of SHM. More specifically: a. You are responsible for your communications and your use of SHM. You may not, under any circumstances, do any of the following: (i) use simultaneous, unattended or continuous connections to SHM with one or multiple accounts; (ii) post or transmit any message which is libelous, harmful, threatening, abusive, hateful, offensive or defamatory; (iii) post or transmit any message, data, image or program which is indecent, obscene or pornographic; (iv) post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion; (v) use SHM to threaten, harass, stalk, abuse or otherwise violate the legal rights (including rights of privacy and publicity) of others; (vi) intercept or attempt to intercept email or other private communications not intended for you; (vii) send email to users or other internet users for any purpose other than personal communication, including to advertise or offer to sell goods or services to other users, use as a mass unsolicited distribution medium to communicate a generally unsolicited message, or use your email account as an address to which users or other internet users need to respond (except as otherwise expressly permitted by PDR); (viii) send unsolicited email messages through third-party mail servers in order to relay your email or hide the origination of your email to others; (ix) upload or download files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights to such files or have received all necessary consents; (x) upload files that contain a virus, malicious or corrupted data; (xi) delete any author attributions, legal notices or proprietary designations or labels in a file that you upload to or download from SHM; (xii) falsify the source or origin of software or other material contained in a file that you copy, upload to or download from SHM; (xiii) use SHM in a manner that adversely affects the availability of its resources to other users; (xiv) use, download or otherwise copy, or provide (whether or not for a fee) to any person or entity any material originating from SHM except for personal, non-commercial purposes (or except as otherwise expressly permitted in writing by a legal representative of PDR); (xv) falsely purport to be an employee or agent of SHM or PDR; (xvi) cause repeated disruptive incidents; or (xvii) act, or fail to act, in your use of SHM, in a manner that is contrary to applicable law or regulation. PDR reserves the right to take such action as it deems appropriate in cases where SHM is used to disseminate statements which are offensive in any way, including but not limited to the release of our records in response to court orders. Each time you upload information to SHM, you represent and warrant that you own or otherwise control the rights or have the necessary consents to do so, and you grant every other user the right to download and use such file. Your failure to observe any of the foregoing limitations or obligations may result in civil or criminal liability. b. You may receive electronic mail ("email"), post messages to SHM's Community Forums, download and upload files and otherwise use SHM as permitted by this agreement, or SHM's operating policies and principles (otherwise known as the "SelfhelpMagazine Code of Conduct") and applicable law. Files that you upload, pages you read, comments you make to the SHM staff and public messages that you send through our Community Forums are subject to modification and deletion without notice or explanation. More specifically, your participation in online communications occurs in real time and is not moderated, censored or otherwise controlled by PDR prior to appearing on SHM webpages. Notwithstanding the foregoing, PDR reserves the right to remove content, which PDR, at its sole discretion, determines to be in violation of this agreement above, or in violation of SHM operating policies and practices for users of SHM ("users"). c. SHM's operating policies and principles relating to online conduct, storage and deletion of email and uploaded files, Community Forums and other matters online. PDR reserves the right in its sole discretion to change any policies at any time. All SHM programs, including user's comments, questions and testimonies are copyrighted by PDR, and you are responsible for adhering to that PDR copyright.
7. Use of User Information
- PDR respects the privacy of users. Any name, address and other information that you provide when you use the services of SHM and information regarding the manner in which you use SHM and/or the internet will not be processed or disclosed by PDR except as permitted by all three of the PDR policy agreements outlined above or as required or allowed by applicable law or legal process.
- You agree that PDR may share with other parties aggregate information gathered during your use of SHM. "Aggregate information" is information that describes the habits, usage patterns and/or demographics of users as a group but does not indicate the identity of particular users.
- You also agree that user information about you may be gathered, processed or used. "User information" consists of a user's name, email address, and/or other data that enables the recipient to personally identify the user. You agree that user information for you may be gathered, processed or used in the following instances: (i) if you obtain access to SHM from a third party independent internet service provider (an "ISP"), user information relating to you may be obtained by the ISP; and (ii) PDR and your ISP may use your identifiable user information as is necessary for enforcement of any of the terms of the three PDR policy agreements mentioned herein.
- PDR may, in its complete and sole discretion, review uploaded files, Community Forums and authorize restrictions on access thereto. SHM is designed specifically for use by adults over 18. Parents and those permitting minors to use their SHM account should be aware that PDR's policies concerning privacy and the use of user information govern PDR through SHM's use of user information is intended for adults only. Any information voluntarily given by users in Community Forums or email addresses left in those forums (which is strictly prohibited by SHM policy, yet can occur without the knowledge of PDR staff) may be used by unscrupulous third parties to harm you personally in a range of ways, from initiating contact with your children to generating unsolicited mail. Parents are advised to prevent children and teens from using this website, and hereby indemnify PDR and SHM from any damage that may result from your choosing to violate SHM policy statements and leave your computer open to anyone leaving your email address(es), website addresses, telephone numbers or other contact information on our pages or in any of our other program materials. PDR encourages all parents to instruct their children in the safe and responsible use of their user information when engaged with the Internet. Such user information sent over the internet cannot be tracked or retrieved by PDR. PDR encourages you to use caution when giving out any personally identifiable information about yourself or your children anywhere online.
- When communicating with SHM staff or contributors while using your employer's equipment, you are not legally entitled to a reasonable expectation of privacy. Always use your own telephone and computer equipment or other connections when visiting this website or engaged in any of our programs.
- If at any time you believe that PDR has not adhered to these policies concerning privacy and use of user information or if you have questions about these policies, please notify PDR as provided in the notice provision below and PDR will use all reasonable efforts to promptly determine and correct the problem.
PDR reserves complete and sole discretion with respect to the operation of SHM. PDR may, among other things withdraw, suspend or discontinue any functionality, service or feature of SHM.
9. User Representations
Without limiting the generality of anything set forth hereinabove, you represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this agreement and to use SHM in accordance with this agreement. You agree to be financially responsible for your use of SHM (as well as for use of your Internet Service Provider account by others to access SHM, including minors living with you) and to comply with your responsibilities and obligations as stated in this agreement.
Statements made in SHM programs reflect only the views of their authors. Bloggers, Community Forum Moderators, or merchants appearing on SHM are not authorized PDR spokespersons, and their views do not necessarily reflect those of PDR. The advertisers presented on SHM have no influence on the subject or manner in which the editorial content is conveyed nor does the presentation of any specific advertisement imply endorsement by SHM or PDR. Advertisers typically pay a fee to advertise.
The entire contents of SHM are copyrighted as a collective work under the laws of United States and other copyright laws. PDR holds the copyright in the collective work. The collective work includes works which are the property of the information providers which are also protected by copyright and other intellectual property laws. You agree not to change or delete any proprietary notices from materials downloaded from SHM. You may not display any of the material from the SHM or SHM programs in any form without prior written approval. Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. If you wish to request permission for copyright, please go to this page for further instructions: FAQ
12. Digital Millennium Copyright Act Notice
We respect the rights of copyright owners and expect you to comply with U.S. copyright law. We have procedures in place to protect the rights of copyright owners in the event of alleged infringement, in accordance with the Digital Millennium Copyright Act ("DMCA"). If You believe that your copyright is being infringed by any material viewed on this SHM, please us send a notice, in accordance with the DMCA, to our designated agent,
Marlene M. Maheu, Ph.D.
Pioneer Development Resources, Inc.
1876 Horse Creek Road
Cheyenne, Wyoming 82009
We reserve the right to expel users and prevent their further access to this web site for violating these terms or the law and reserve the right to remove any communications from this site without explanation.
13. Licenses and Idea Submissions
You agree to grant to PDR a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, 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 programs) you submit to public areas of SelfhelpMagazine (such as Community Forums or to be published as Articles) by all means and in any media now known or hereafter developed. If PDR uses any materials or other information so submitted by you, PDR will use reasonable efforts to attribute such materials to you by the name or user name under which you submitted such materials. You hereby waive your moral rights in any such materials and information, and you hereby warrant that any such materials and information are original with you, or that you have the right to submit such materials and information. You agree that you shall have no recourse against PDR for any alleged or actual infringement or misappropriation of any proprietary right in your communication to SHM users, SHM staff and contributors, PDR or its representatives. IF you want to submit an article, please read and follow the instructions found on this page: Article Submission Guidelines and submit two signed copies of the agreement found on this page: Agreement to the address specified in that agreement.
You agree to indemnify, defend and hold harmless PDR, its officers, directors, volunteers, employees, agents, advertisers, bloggers, information providers and suppliers from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from any violation of this agreement or any activity related to use of SHM (including infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct), and including your participation in any way with SHM programs by you directly, or any other person using your Internet Service Provider account.
15. Waiver, Release and Limitation of Liability
You agree that neither PDR, nor its officers, directors, employees, agents, information providers or suppliers shall have any liability to you under any theory of liability or indemnity in connection with your use of SHM. You hereby release and forever waive any and all claims you may have against PDR, its officers, directors, employees, agents, bloggers, information providers or suppliers (including but not limited to claims based upon the negligence of PDR, its officers, directors, employees, agents, information providers or suppliers) for losses or damages you sustain in connection with your use of SHM. Notwithstanding the foregoing paragraph, the total liability of PDR, its officers, directors, employees, agents, information providers and suppliers, if any, for losses or damages shall not exceed the fees, if any, paid by the user for the particular information or service provided in the 12 months prior to the act of injury that gave rise to the alleged liability. In no event shall PDR, its officers, directors, employees, agents, bloggers, information providers or suppliers be liable to you for any losses or damages other than the amount referred to above. All other damages, direct or indirect, special, incidental, consequential or punitive arising from any use of the information or other parts of SHM are hereby excluded even if PDR, its officers, directors, employees, agents, bloggers, information providers or suppliers have been advised of the possibility of such damages. Once again, you may appreciate, that the law on this question is not yet settled, and until it is, the risk raised here can be reduced, but it is difficult to know by exactly how much.
16. Third Party Rights
The provisions of paragraphs 13 (indemnification) and 14 (waiver, release and limitation of liability) are for the benefit of PDR and its officers, directors, volunteers, employees, advertisers, agents, bloggers, licensors, suppliers and information providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on their own behalf.
17. Term & Termination
Either you or PDR may terminate your right to use SHM at any time, with or without cause and without notice. PDR also reserves the right to terminate or suspend your SHM access without prior notice. The provisions of paragraphs 10 (copyright), 12 (license, and idea submission), 13 (indemnification), 14 (waiver, release and limitation of liability), 15 (third party rights), and 20 (miscellaneous) shall survive any termination of this agreement.
PDR may deliver notice to you under this agreement by means of electronic mail or a general notice on SHM. All notices under this agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. PDR's failure to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by an authorized representative of PDR in writing. Neither the course of conduct between the parties nor trade practices shall act to modify any provision of this agreement. The language chosen by PDR for this agreement is English, and you implied agreement regarding language`is that English is acceptable to you if you use this website. If it is not, please leave this website. When communicating with any PDR staff member or contributor to SHM, English is to be used, or the communication will be considered invalid. You may give notice to PDR at any time via electronic mail to PDR or by letter delivered by first-class postage prepaid U.S. Mail or overnight courier to the following address:
Pioneer Development Resources, Inc.
1876 Horse Creek Road
Cheyenne, Wyoming 82009
electronic mail: email@example.com
19. Participation Release for SHM Author Interviews, Blogs, Book Tours, Community Forums, TeleWorkshops and Testimonials
By participating in SHM Author Interviews, Blogs, Book Tours,Community Forums, TeleWorkshops, or Testimonials, you are agreeing, as a condition of participation, that you are acting from your own free choice, without reservation, and accept each of the following terms:
- If you are under the care of a mental health or other health care professional, we advise that you discuss your level of participation in these events prior to registering, and most certainly prior to divulging any personal information for anyone in the world to potentially hear. Proceed at your own risk. You are the ultimate judge of what gets divulged during these events. Make your decisions wisely. We cannot and will not be held responsible for any information that you voluntarily give to us.
- If you choose to ask questions on our Author Interviews, Blogs, Book Tours, Community Forums, TeleWorkshops or Testimonials, your situation might be recognized if you do not take proper precautions to disguise your circumstance.
- If you want to participate by asking a question, but do not want your situation to be recognizable, please changing the identifying aspects of your situation, such as gender, ages, locales and time frames. In other words, change your potentially identifiable information to a sufficient degree so as to prevent those who know you from recognizing your specific circumstance. You may also give us a pseudonym, that is, change the name you supply when sending in your question or comment. Names and locales supplied to us with questions and comments will be read aloud by us when answering questions and comments. Also be aware that not all questions and comments will be addressed in any particular program. Your questions may be submitted AT LEAST 3 DAYS PRIOR TO THE CALL through our ASK CAMPAIGNS that you will find prominently featured on the majority of our website pages, including the homepage, located at http://selfhelpmagazine.com Just look for the picture of Dr. Maheu, and answer the question below her picture that asks for your "#1 question for your visit to SelfhelpMagazine". She will do her best to check these places for questions prior to each scheduled paid program. Help her identify your question as related to a paid program by mentioning the paid program in your message. Your other option is to learn by listening, and refrain from sending us your specific question. We want to provide the best possible service to you, but want you to protect yourselves and those you love in the process.
- PDR and SHM will not edit material out of our publications after these events, even if you submit a question or comment and later decide that you are uncomfortable or should not have participated. Once you have submitted a question or comment, described your situation and asked for a response from Dr. Maheu or one of her Guests, your right to retract any statement/s is waived. PDR and SHM will not, under any circumstance, remove or edit your statement/s or parts thereof.
- By making public disclosures in SHM Author Interviews, Blogs, Book Tours, Community Forums, TeleWorkshops and Testimonials you are thereby also attesting to the fact that all your comments are true, that you are not violating the privacy of any other identifiable individual, group or entity in making your statement/s, and that you hold harmless and indemnify PDR from any cause of action brought because of your disclosures.
- Your statements in SHM Author Interviews, Blogs, Book Tours, Community Forums, TeleWorkshops and Testimonials are likely to be used by PDR as publicity for prospective and existing customers through a variety of electronic and print media. Your statements, no matter how personal in nature, may be reproduced and re-distributed through a variety of products that could be published and broadcast by TeleWorkshops.com and SelfhelpMagazines parent organization, PDR.
- By making public disclosures in SHM Author Interviews, Blogs, Book Tours, Community Forums, TeleWorkshops and Testimonials you thereby grant PDR unrestricted use of whatever information you have chosen to disclose, including your life event, story, history, or anything else you provide, in any audio or video tapes or other electronic media, any print media or in any other media in perpetuity with no compensation or remuneration in any form or in any manner for above referenced events and any derivative product/s. You are freely providing all your questions and statements without any expectation of or receipt of any compensation now, or in the future.
The provisions of this agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof.
This agreement is not assignable, transferable or sub-licensed by you except with PDR's prior written consent. PDR may assign its rights and duties under this agreement to any party at any time without further notice to you.
This agreement shall be governed by and construed in accordance with the laws of the state of Nevada, United States. You agree that any legal action or proceeding between PDR and you for any purpose concerning this agreement or the parties' obligations hereunder shall be brought exclusively in the jurisdiction of Carson City, Nevada. It is mutually agreed that disputes between the parties shall be submitted to binding arbitration pursuant to the rules of the American Arbitration Association. The place of arbitration shall be Carson City, Nevada, USA. The decision of the arbitrator or arbitration panel shall be binding upon all parties. This arbitration agreement will continue in perpetuity. Any cause of action or claim you may have with respect to PDR and/or SHM must be commenced within one (1) year after the claim or cause of action arises.
23. Attorneys Fees
In the event of any action of proceeding brought by either party against the other under this agreement, the prevailing party shall be entitled to recover such amount as the Court or Arbitration official(s) may consider reasonable as attorneys fees and expenses.
24. Entirety of Agreement