CONNECTFULNESS INC. TERMS AND CONDITIONS OF USE
Welcome to the Terms and Conditions of Use Agreement (“Agreement”). This is a legal agreement between you (“You”) and Connectfulness, Inc., (“Connectfulness”), a New York corporation with a mailing address of PO Box 25, West Park, New York, 12493, that describes the terms and conditions that govern your use of Connectfulness internet website (the “Website”), and the services provided thereon. You and Connectfulness are sometimes referred to in this Agreement individually as a “Party” and collectively as the “Parties.”
IF YOU CHOOSE TO USE THE WEBSITE, ITS APPLICATIONS, AND EDUCATIONAL MATERIALS, YOU WILL BE AGREEING TO ABIDE BY ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.
IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, DO NOT ACCESS OR USE THIS WEBSITE. THE CONTINUED USE OF THE WEBSITE WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES.
Connectfulness may change, add, or remove portions of this Agreement at any time, which shall become effective immediately upon posting. It is your responsibility to review these terms and conditions prior to each use of the Website. By continuing to use the Website, You agree to any such changes.
The content on the Website is intended for your personal, noncommercial use. All materials published on the Website, including, but not limited to, educational materials, photographs, images, illustrations, audio and video clips are protected by copyright, and are owned and/or controlled by Connectfulness.
The Website, and the content thereon (the “Content”), are protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display or in any way exploit any of the content on the Website in whole or in part.
You may download or copy the Content and other downloadable items displayed on the Website for PERSONAL USE ONLY, provided that You maintain all copyright and other notices contained therein. Copying or storing any of the Content for non-personal use is expressly prohibited without prior written permission from Connectfulness.
User Generated Content
You shall not blog, write, upload to, distribute, or otherwise publish on the Website any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material.
Be courteous. You agree that You will not threaten or verbally abuse other users or bloggers on the Website, use defamatory language, or deliberately disrupt conversations with repetitive or meaningless messages.
The intent of our online community is to ensure that individuals have a safe and welcoming space in which to express their feelings. When commenting on a post, use respectful language. You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, religion, disability, or any other protected class.
You agree and acknowledge that any submissions or content that You make or post, including, but not limited to, comments, forum messages, reviews, text, audio and video recordings, may be edited, removed, modified, published, transmitted, and/or displayed. You waive any rights You may have in having the material altered or changed in any manner.
You grant Connectfulness a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to all submissions and Content, which includes, without limitation, the right for Connectfulness, or any third party it designates to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt, in any form or media now known or hereinafter developed, any submission made by You on or to the Website.
You are solely responsible for the content of your submissions. While Connectfulness does not and cannot review every submission, and is not responsible for the content of submitted messages or postings, Connectfulness reserves the right to delete, move, or edit submissions that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.
Permissible Use of the Website
You are prohibited from using the Website to transmit, route, provide connections to, or store any material that infringes copyrighted works, trademarks, or otherwise violates or promotes the violation of, the intellectual property rights of Connectfulness or any other third party.
You may not access or use the Website to take any action that could harm Connectfulness, or a third party. You may not access parts of the Website to which You are not authorized, nor attempt to circumvent any restriction or condition imposed on your use or access. You may not do anything that could damage the functioning or appearance of the Website.
You must be 18 years or older to access the Website.
You acknowledge that submissions posted on the Website are not confidential and may be read by the public.
If You have a clinical, medical, or therapy-based private question or concern, DO NOT post it on the Website, but call the office directly to set up a consultation at (845) 419-1494. DO NOT email any private or personal health-related information to Connectfulness at any time.
If at any time You are having a medical emergency, contact 911 immediately.
If You choose to use the Website, or any of its features, You will be agreeing to abide by all of the terms and conditions set forth in this Agreement.
If at any time any of the rules, covenants, or warranties contained within this Agreement become unacceptable to You, immediately cease using the Website.
THE CONTENT PROVIDED TO YOU ON THIS WEBSITE IS NOT INTENDED TO INTERFERE WITH, AND DOES NOT IN ANY MANNER SERVE, AS A SUBSTITUTE FOR THE SOUND INDEPENDENT PROFESSIONAL CLINICAL JUDGMENT OF A LICENSED CLINICAL SOCIAL WORKER (LCSW-R) IN THE CONTROL AND OPERATION OF A PRIVATE PRACTICE.
THE WEBSITE AND THE CONTENT PROVIDED THEREON DO NOT FORM, NOR CONSITUTE, A THERAPEUTIC RELATIONSHIP. SPECIFICALLY, THE WEBSITE AND ITS CONTENT DO NOT CONSTITUTE DIAGNOSIS OR TREATMENT OF ANY MENTAL, EMOTIONAL, BEHAVIORAL, ADDICTIVE OR DEVELOPMENTAL DISORDERS OR DISABILITIES, OR PSYCHOTHERAPEUTIC TREATMENT OF ANY KIND.
Nothing in the materials posted on the Website is intended to interfere, influence, affect, or limit the independent exercise of professional judgment by the Connectfulness therapist.
Connectfulness does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Website by any user or third party. You acknowledge that any reliance upon any such opinion, advice, statement, or information shall be at your sole risk.
The Content provided on the Website is distributed on an “as is” basis without warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose.
You hereby agree to indemnify, defend, and hold harmless, Connectfulness, and all of its officers, directors, owners, agents, employees (collectively, the “Indemnified Parties”) from and against any and all liability incurred by the Indemnified Parties in connection with any claim arising out of any breach by You of the Agreement, including by not limited to, all allegations, demands, claims, liabilities, damages, losses, fines, penalties, costs, and expenses (including attorney’s fees) incurred in connection with any claim.
Connectfulness reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You. You shall cooperate fully in the defense of any such claim, and You shall not in any event settle any such matter without the written consent of Connectfulness.
Limitation of Liability
CONNECTFULNESS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED UPON CONTRACT OR TORT, INCLUDING NEGLIGENCE, OR ANY OTHER LEGAL THEORY, ARISING OUT OF THIS AGREEMENT OR THE USE OF THE WEBSITE AND THE CONTENT THEREON.
EACH PARTY ACKNOWLEDGES THAT THIS LIMITATION OF LIABILITY REFLECTS AN INFORMED, VOLUNTARY ALLOCATION BETWEEN THE PARTIES OF THE RISKS (KNOWN AND UNKNOWN) THAT MAY EXIST IN CONNECTION WITH THIS AGREEMENT.
Governing Law and Venue
This Agreement has been made in and shall be exclusively construed and enforced in accordance with the laws of the State of New York, without giving effect to any choice or conflict of law provision or rule that would cause the application of laws of any jurisdiction other than the State of New York.
Any claim made in connection with this Agreement must be maintained in a court of the State of New York located in Ulster County, or of the United States of America for the Northern District of New York, unless such court cannot have jurisdiction.
Limitation of Actions
Any cause of action You have with respect to this Agreement and/or your use of the Website must be commenced within one (1) year after the claim or cause of action arises.
A waiver of a right or remedy by Connectfulness on any one occasion, or with regard to any one provision of this Agreement, shall not be construed as a bar to, or a waiver of, any such right or remedy on any other occasion or with regard to any other provision.
The headings of the number paragraphs of this Agreement are for convenience only, and shall not be deemed to alter or effect any provision of this Agreement.
This Agreement constitutes the entire agreement between You and Connectfulness with respect to your use of the Website, and supersedes and replaces all prior and contemporaneous understandings or agreements, written or oral, regarding Connectfulness.
Whenever possible, each provision of this Agreement shall be interpreted in a manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be prohibited by or invalid under applicable law, the provision shall be ineffective only to the extent of the prohibition or invalidity, without invalidating the remainder of the provision or remaining provisions of this Agreement; provided, that if a court of competent jurisdiction can reform the provision to reflect the original intent of the parties, the parties consent to such reformation.
Last Revised: June 7, 2016