SelfhelpMagazine's SERVICE AGREEMENT
Important Notice of Implied Agreement:
By accessing any part of the SelfhelpMagazine website, its affiliated email newsletter and email discussion lists, herein referred to as "SelfhelpMagazine ", or ("SHM") you are representing that you are either over the age of 18 and accept all terms of this SHM Service Agreement as delineated below.
If you are deemed to have consented to use SHM, the acceptance of SHM, or its owner, Pioneer Development Resources, Inc., ("PDR"). Is expressly conditioned upon your assent to all the terms and conditions of this agreement to the exclusion of all other terms; if these terms are considered an offer by PDR, acceptance is expressly limited to these terms. PDR may modify this agreement at any time, and such modification shall be effective immediately upon either posting of the modified agreement or notifying you. You agree to review this agreement periodically to ensure that you are aware of any modifications. Your continued access or use of SHM shall be deemed your conclusive acceptance of the modified agreement. If you do not agree to all the terms and conditions of this agreement, or cannot comply with these terms and conditions, you have no authority to use SHM and you are hereby required to stop all use of SHM and all associated programs, including but not limited to SHM Book Tours, TeleWorkshops and Testimonials.
The information contained in SHM, is presented for the purpose of educating consumers on the general topics of wellness and disease management. SHM and all SHM related programs, including but not limited to SHM website, surveys, polls, Book Tours, and TeleWorkshops are solely intended to be instructional. They are not to be considered any form of medical diagnosis or treatment. The information contained in SHM or SHM related 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 a visit, call, consultation or the advice of your physician, therapist or other qualified health care practitioner. Information obtained in SHM and SHM related programs are not exhaustive and do not cover all mental health conditions, diseases, ailments, physical conditions or their treatment. Should you have any health care-related or mental health care-related questions, please call or see your physician, therapist or other qualified health care practitioner promptly. Always consult with local professionals, such as physicians, therapists or other qualified health care, spiritual or religious leader, or their associate practitioners before embarking on new treatments, or personal change programs. Never disregard medical advice or delay in seeking it because of something you have read or heard in an SHM article or program. You will not be engaging in a therapist-patient relationship in any way when you access or engage SHM services or any of its contributors. The information contained in SHM is compiled from a variety of sources ("information providers"). Neither SHM nor its information providers are directly or indirectly practicing medicine or psychotherapy, nor dispensing medical or psychotherapeutic services as part of SHM. SHM software and information accessed through SHM, including but not limited to SHM Book Tours, TeleWorkshops and Testimonials (the "services") are 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 services will be uninterrupted or error-free, or that defects will be corrected. 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 requirements (2) maintaining a means external to SHM for the reconstruction of any lost data. 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. PDR and information providers make no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of SHM.
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You are encouraged to use discretion while browsing the internet on searches initiated at SHM. Links originating with SHM may lead to websites containing information that some people may find inappropriate or offensive. Links may also lead to websites which contain inaccurate information, false or misleading advertising, or information which violates copyright, libel or defamation laws. SHM and information providers make no representations concerning any effort to review all of the content of websites linked to SHM, or links from those linked websites; given the number of results from any browsing which starts with a SHM link that would be practically impossible. SHM may, at its election, provide links from SHM to other World Wide Web sites or resources. 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. PDR and SHM are not responsible for the privacy practices of any websites linked from the magazine's pages. You also agree that any mis-use of your personally identifiable information by such other websites is not the responsibility of PDR.
- 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, 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 messages, advice, opinions or other information contained in any area, both informational (such as articles) and interactive (such as in Discussion Forums), should not be construed as professional advice or instruction.
- 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.
- 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 account; (ii) post or transmit any message which is libelous 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 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 upload to or download 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 (except as otherwise expressly permitted by SHM); (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. In addition, you may not post or transmit any message which is harmful, threatening, abusive or hateful. PDR reserves the right to take such action as it deems appropriate in cases where SHM is used to disseminate statements which are deeply or widely offensive and/or harmful. 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 send and receive electronic mail ("email"), post messages to SHM's Discussion Forums, download and upload files and otherwise use SHM as permitted by this agreement, 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 to our Discussion Forums are subject to review, modification and deletion without notice. 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 harmful, offensive or otherwise in violation of this agreement or 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, Discussion Forums and other matters are available and/or will be made available online. PDR reserves the right in its sole discretion to change such policies at any time. Files (including articles, reviews, Questions and Answers, other Discussion Forum user's comments, are copyrighted by PDR, and you are responsible for adhering to the PDR copyright.
- 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 this agreement 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 dial-up 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 user information as is necessary for enforcement of any of the terms of this agreement.
- PDR may, in its complete and sole discretion, review uploaded files, Discussion 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 Discussion Forums or email may be used by third parties to generate unsolicited mail or other contact with children. Parents are advised to prevent children and teens from using this website. PDR encourages all parents to instruct their children in the safe and responsible use of their user information while using 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 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 computer equipment and connections when visiting this website.
- 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.
- 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 reflect only the views of their authors. Forum managers, forum hosts, 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 may not display any of the material from the SHM. 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 refer to this page for further instructions: < http://www.selfhelpmagazine.com/about/faq06.html#distribute >. You agree not to change or delete any proprietary notices from materials downloaded from SHM.
Digital Millenium 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 Millenium Copyright Act ("DMCA"). If You believe that your copyright is being infringed by any material viewed on this Web Site, please send a notice, in accordance with the DMCA, to Our designated agent,
Marlene M. Maheu
Pioneer Development Resources, Inc.
711 South Carson Street, Suite 6
Carson City, Nevada 89701
Telephone: 866-425-1998 Website: email@example.com
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.
- 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 products or services) you submit to public areas of SelfhelpMagazine (such as Discussion Forums) 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.
You agree to indemnify, defend and hold harmless PDR, its officers, directors, volunteers, employees, agents, advertisers, 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 Book Tours, TeleWorkshops and Testimonials by you directly, or any other person using your Internet Service Provider account.
- 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, 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, 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, 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.
- 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, 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 its own behalf.
- Term & Termination
Either you or PDR may terminate your right to use SHM at any time, with or without cause, upon 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.
711 South Carson Street, Suite 6
Carson City, Nevada 89701
711 South Carson Street, Suite 6
electronic mail: firstname.lastname@example.org
Release for SHM Book Tours, TeleWorkshops and Testimonials
A. By participating in SHM Book
Tours and 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.
you choose to ask telephone questions on our Book Tours or TeleWorkshops,
your voice might be recognized. These events will be audio-taped and either
given to the public for free or sold throughout the Internet and other
you want to participate by asking a question, but do not want your voice to be
recorded when talking about a potentially upsetting or personal issue, please
use email to ask your event-related question. Your name will not be read out loud, but
your question may, if deemed appropriate and timely for the discussion led by our Guest Author or Speaker. If you want to submit a question for consideration, but are concerned that
someone will identify the situation you outline in email, please omit any
identifying information, or refrain from sending your question to us. Email
questions can be submitted through the Webinar addresses that will be available
with registration material that is available after you sign up for each call. It is your responsibility to learn how to use Webinar format. We are not available to train or problem-solve access issues that you may have with our Webinar services. If you cannot access them on your own, consider participating by the telephone alone. For this type of security situation, your questions may be submitted A DAY PRIOR TO THE CALL through our ASK CAMPAIGNS that you will find prominently featured on the majority of our website pages, including the hompage, 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. Get your questions in the day before our events to make sure they get considered by our guest speaker! We want to provide the best possible service to you, but want you to protect yourselves and those you love by not divulging information that will be damaging to you if recorded and used in recordings of the event, or promotional or advertising campaigns in the future.
4. PDR and SHM will not edit material out of our publications after these events if you later
decide that you are uncomfortable or should not have participated. Once you make public
statements, either verbal or written, your right to retract any statement/s is
waived. PDR and SHM will not, under any circumstance, remove or edit your statement/s or
5. By making public disclosures in SHM
Book Tours, TeleWorkshops or Testimonials you are thereby also attesting to the fact that all your
comments are true, that I you are not violating the privacy of any other
identifiable individual, group or
in making your statement/s, and that you hold harmless and indemnify
PDR from any cause of action brought because of your disclosures.
6. Your statements in SHM
Book Tours, TeleWorkshops or Testimonials is 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
SelfhelpMagazine’s parent organization, PDR, with no
compensation to you in any form, at any time, now, or in the future.
7. By making public disclosures in SHM
Book Tours, TeleWorkshops or Testimonials you thereby grant PDR unrestricted use of your name, likeness, voice, life event, story, history, picture, 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 also are freely providing such statement/s 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
This agreement is not assignable,
transferable or sub-licensable 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 the jurisdiction in
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 Las Vegas, 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.
22. Attorney’s 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.
23. Entirety of Agreement
This document represents the entire
agreement between the parties herein mentioned. All valid changes to this
agreement will be made in writing and signed by both parties. Both parties agree that this agreement is the complete and
exclusive statement of the mutual understanding of the parties and
supersedes and cancels all previous written and oral agreements,
communications and other understandings relating to the subject matter
of this agreement, except as otherwise provided herein. No agency,
partnership, joint venture, or employment is created as a result of
this agreement and you do not have any authority of any kind to bind
PDR in any respect whatsoever.