Legal Terms and Conditions
1. Acceptance of Terms
Power Stuttering Center ("PSC") provides access to this
web site (the "Site") subject to the acceptance of this
User Agreement ("Agreement") by all persons accessing,
browsing, or otherwise using the Power Stuttering Center Site ("User" or "you").
This Agreement may be updated by PSC from time to time without prior
notice to you. PSC encourages you to review this Agreement periodically
for any updates or changes. By accessing or using the Site, you agree
to be bound by the terms of this Agreement, as revised. When using
a particular feature of the Site, you may also be subject to any
posted guidelines, rules, terms of service, codes of conduct or other
contractual provision as noted. In the event of a conflict between
any other agreement, rule, or terms of service and this Agreement,
the provisions of this Agreement shall govern. If you have any questions
about this Agreement please contact PSC at mpower@powerstuttering.com
before using the Site. 2. Disclaimer
The contents of the Site, such as text, graphics, photographs, software
and other material (the "Content"), is presented for informational
purposes only. PSC will use reasonable efforts to include up-to-date
and accurate information in this Site, but makes no representations,
warranties, or assurances as to the accuracy, currency or completeness
of the Content provided, including third party information, such
as, but not limited to, press releases, articles, or information
from third-party web sites linked to or from this Site. YOU SHOULD
NOT RELY ON ANYTHING CONTAINED ON THE SITE TO SUGGEST A COURSE OF
TREATMENT FOR ANY MEDICAL CONDITION. THE CONTENT CANNOT SUBSTITUTE
FOR CONSULTATION WITH A PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER.
IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM, PROMPTLY
CONTACT YOUR HEALTH CARE PROVIDER. YOU SHOULD NEVER DISREGARD MEDICAL
ADVICE, AVOID OR DELAY VISITING A MEDICAL PROFESSIONAL, OR DEVIATE
FROM ANY TREATMENT PROGRAM PRESCRIBED OR OTHERWISE RECOMMENDED TO
YOU BY YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER BECAUSE
OF SOMETHING YOU HAVE READ ON THE SITE. YOU SHOULD READ CAREFULLY
ALL PRODUCT PACKAGING.
3. No Endorsement of Links to Other Web Sites
Any links to other sites are provided as merely a convenience to
you. This Site may provide links or references to other sites
but PSC has not reviewed all of these other sites, has no responsibility
for the content of such other sites and shall not be liable for
any damages or injury arising from the content from these other
sites. You understand that, except for information, products
or services clearly identified as being supplied by PSC, PSC
does not operate, control or endorse any information, products
or services on the Internet in any way. PSC does not endorse
or make any representations about these sites, or any information
or other products or materials found on these sites, or any results
that may be obtained from using these sites. If you decide to
access any of these other sites linked to this Site, you do so
entirely at your own risk.
4. Privacy
You agree that you have read and understand the terms of PSC's privacy
policy. You acknowledge that the Site may link to other sites not
controlled by PSC and that the collection of your data by these
sites is outside the scope of PSC's control.
5. Use of the Site
You also understand that PSC cannot and does not guarantee or warrant
that files available for downloading from the Site will be free
of infection or viruses, worms, Trojan horses, time bombs, cancelbots
or other computer programming routines that are intended to damage,
detrimentally interfere with, surreptitiously intercept or expropriate
any system, data or personal information (collectively, "Hazards").
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.
6. System Integrity
You may not use any device, software or routine to interfere with
the proper working of the Site. You may not take any action that
imposes an unreasonable burden upon the infrastructure used to
support the efficient operation of the Site.
7. Acceptable and Lawful Use of Site
Any personal information, computer information, or other information
that you provide to PSC in connection with the use of the Site:
(a) shall not be obscene or indecent; (b) shall not contain any
Hazards; (c) shall not infringe any third party's copyright,
patent, trademark, trade secret or other proprietary rights or
rights of publicity or privacy; (d) shall not be defamatory,
libelous, unlawfully threatening or unlawfully harassing; and
(e) shall not create any liability for PSC or cause PSC to lose
(in whole or in part) the services of its Internet Service Provider(s)
or other suppliers. Users shall comply will all applicable laws,
statutes, ordinances and regulations regarding use of the Site.
8. RISK: INTERNET USE
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE
AND THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT ANY UPLOADS
OR TRANSMISSIONS YOU MAKE MAY BE INTERCEPTED AND USED BY AN UNAUTHORIZED
THIRD PARTY AND THAT ALL OF THE RISK ASSOCIATED THEREWITH IS
SOLELY YOURS.
9. NO WARRANTIES
PSC DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS
OR ENDORSEMENTS WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, WARRANTIES
OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE,
THE CONTENT, ANY MERCHANDISE PROVIDED THROUGH THE SITE OR ON
THE INTERNET GENERALLY, AND PSC 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
RELIABILITY, ACCURACY, TIMELINESS, COMPLETENESS OR USEFULNESS
OF ALL SERVICES AND CONTENT PROVIDED THROUGH THE SITE OR ON THE
INTERNET GENERALLY. PSC DOES NOT WARRANT THAT THE SITE WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL
BE CORRECTED. THE SITE AND THE CONTENT MADE AVAILABLE ON THE
SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
10. System Outages
PSC periodically schedules system downtime for maintenance and
other purposes. Unplanned system outages may also occur. PSC
shall have no liability whatsoever for the resulting unavailability
of the Site or for any loss of data or transactions caused by
planned or unplanned system outages or the resultant delay, misdelivery
or nondelivery of information caused by such system outages,
or any third party acts or any other outages of web host providers
or the Internet infrastructure and network external to the Site.
11. Indemnification
You agree to indemnify, defend and hold PSC and its affiliates,
officers, directors, employees and agents harmless from and against
any and all claims, demands, actions, costs, liabilities, losses
and damages of any kind (including attorney's fees) resulting
from (i) your use, misuse or abuse of the Site, or (ii) your
breach of any provision of this Agreement. You will cooperate
as fully as reasonably required in PSC's defense of any claim.
PSC reserves the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification
by you, and you shall not in any event settle any matter without
the written consent of PSC.
12. Intellectual Property
The Content is the property of PSC and/or its affiliates or partners,
and is protected by federal and international copyright and trademark
laws, or other proprietary rights. These rights are protected
in all forms, media and technologies existing now or hereinafter
developed. You may print and download portions of material from
the different areas of the Site solely for your own non-commercial
use. No portion of the Content may be reprinted, republished,
modified, or distributed in any form without the express written
permission of PSC. You may not, and this Agreement does not give
you permission to, reproduce, reverse engineer, decompile, disassemble,
modify, transmit, sell, distribute, license or create derivative
works with respect to the Site. Certain Content may be licensed
from third parties and all such third party Content and all intellectual
property rights related to the Content belong to the respective
third parties. You may not remove any copyright, trademark or
other intellectual property or proprietary notice or legend contained
on the Site or the Content. Any rights not expressly granted
by this Agreement or any applicable end-user license agreements
are reserved by PSC.
13. Governing Law and Choice of Forum
This Agreement shall be governed by and construed in accordance
with the laws of the State of California, exclusive of its choice
of law rules and matters affecting copyrights, trademarks and
patents under United States federal law.
You hereby irrevocably and unconditionally consent to submit to
the exclusive jurisdiction of the courts of the State of California
and of the United States of America located in the State of California
for any litigation or disputes arising out of or relating to use
of the Site and not to commence any litigation relating thereto
except in such courts. You hereby irrevocably and unconditionally
waive any objection to the establishment of venue of any such litigation
in the California Courts and agree not to plead or claim in any
California Court that such litigation brought therein has been
brought in an inconvenient forum.
14. International Users
PSC makes no claims that the Content is appropriate or may be downloaded
outside of the United States. Access to the Content may not be
legal in certain countries or for certain persons. If you access
the Site from outside of the United States, you do so at your
own risk and are responsible for compliance with the laws of
your jurisdiction.
15. Severability
In the event that one or more portions of this Agreement shall,
for any reason, be held to be invalid, illegal or unenforceable
in any respect, such validity, illegality or unenforcability
shall not affect any other provision contained in this Agreement.
16. Headings
The headings used throughout this Agreement are solely for the
convenience of reference and are not to be used as an aid in
the interpretation of this Agreement.
17. No Waiver
Any delay or failure by you or PSC, at any time or times, to require
performance of any provision hereof shall in no manner affect
your or PSC's right at a later time to enforce such provision.
No delay or failure of you or PSC in exercising any right hereunder
shall constitute a waiver of such right or any other rights hereunder.
18. Entire Agreement, Updates and Modifications
This Agreement and any documents expressly incorporated by reference
constitute the entire agreement between PSC and you pertaining
to the subject matter hereof.
In its sole discretion, PSC may unilaterally amend or modify this
Agreement or any other documents referenced herein at any time
by posting on the Site. Any amended or modified terms will be effective
upon posting. Continued use of the Site constitutes acceptance
of any modified terms and conditions. If you have any questions
about this Agreement, contact PSC at mpower@powerstuttering.com.
19. Assignment
You may not assign your rights or delegate your responsibilities
hereunder without the express written permission of PSC. PSC
may, at any time, assign its rights or delegate its obligations
hereunder without notice to you.
20. Third Party Beneficiary Rights
No person not a party to this Agreement is intended to be a beneficiary
of this Agreement, and no person not a party to this Agreement
shall have any right to enforce any term of this Agreement.
21. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL PSC OR ANY OTHER PARTY INVOLVED IN
CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL
DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF PSC HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH
DAMAGES) THAT RESULT FROM (I) THE USE OF OR INABILITY TO USE
THE SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE MERCHANDISE
AND SERVICES RESULTING FROM ANY MERCHANDISE, DATA, CONTENT OR
SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH
OR FROM THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF
ANY THIRD PARTY ON THE SITE; OR (V) ANY OTHER MATTER RELATING
TO THE SITE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL
APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH
THE SITE. BECAUSE SOME STATES MAY NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED
BY LAW.
22. Accurate Information
In consideration of your use of the Site, you agree to: (a) provide
true, accurate, and current and complete information as prompted
on the Site; and (b) maintain and update such information to
keep it true, accurate, current and complete. If you provide
any information that is untrue, inaccurate, not current or incomplete,
or PSC has reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete, PSC may suspend
or terminate your use of the service and/or decline to permit
your continued use of the Site and future access to the Site.
23. Feedback
Should you respond to the Site by providing feedback, such as questions,
requests, opinions, comments, suggestions, ideas, or the like,
such information shall be deemed to be the property of PSC. PSC
shall have no obligation of any kind to the User with respect
to such information and shall be free to reproduce, use, disclose
and distribute the information to others without limitation and
without license. PSC shall be free to use any ideas, concepts,
know-how or techniques contained in such information for any
purpose whatsoever.
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