M. Dennis Paul, Ph.D.
Professional Conflict Management Services-------------------- Thought Addiction Specialist
TERMS OF SERVICE/USE
1. Services and Conditions of Use
Welcome to Dr.
Paul's Website (the "Service"). As part of our service, Dr. Paul (the
"Provider") agrees to provide you with access to arbitration, mediation, or counseling services,
subject to the terms of this Agreement. Upon notice published through
the Service, Provider may modify this Agreement at any time. You agree
and continue to agree to use Provider Services in a manner consistent
with all applicable laws and regulations and in accordance with the
terms and conditions set out below. Please note that you will be
referred to as "User" sometimes in this Agreement. The terms "Dr. Paul"
or "Provider" includes only Dr. Paul, any employees, agents, successors
and assigns.
2. Limitation of Liability and Warranty
User agrees that
use of any or every part of the service is entirely at user's own risk.
Provider's services are provided "as is," without warranty of any kind,
either express or implied, including without limitation any warranty
for information, services, counseling, uninterrupted access, or
products and services provided through or in connection with the
Service, including without limitation the provider software licensed to
the User and the results obtained through the Service. Specifically,
provider disclaims any and all warranties, including without limitation:
* any warranties concerning the availability, quality, accuracy or content of information, products or counseling and other services; and
* any warranties of title or warranties of merchantability or fitness for a particular purpose.
This disclaimer of liability applies to any damages or injury caused by the failure of performance, error, omission, interruption, deletion, defect, delay in operation of transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.
User specifically acknowledges that provider is not liable for the defamatory, offensive or illegal conduct of other Users or third-parties and that the risk of injury from the foregoing rests entirely with the User.
Neither provider nor any of its agent, affiliates or content providers shall be liable for any direct, indirect, incidental, special or consequential damages arising out of use of the service or inability to gain access to or use the service or out of any breach of any warranty. User hereby acknowledges that the provisions of this section shall apply to all content on the service.
* any warranties concerning the availability, quality, accuracy or content of information, products or counseling and other services; and
* any warranties of title or warranties of merchantability or fitness for a particular purpose.
This disclaimer of liability applies to any damages or injury caused by the failure of performance, error, omission, interruption, deletion, defect, delay in operation of transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.
User specifically acknowledges that provider is not liable for the defamatory, offensive or illegal conduct of other Users or third-parties and that the risk of injury from the foregoing rests entirely with the User.
Neither provider nor any of its agent, affiliates or content providers shall be liable for any direct, indirect, incidental, special or consequential damages arising out of use of the service or inability to gain access to or use the service or out of any breach of any warranty. User hereby acknowledges that the provisions of this section shall apply to all content on the service.
3. CONFIDENTIALITY AND SECURITY
Regarding online
and telephone counseling services and all other services available through Dr. Paul, we assure
you that the counselor will not communicate anything to a third party
except at times when supervision of the individual counseling
professional(s) is required in order to better serve you. Furthermore,
professional ethical guidelines prevent counselors from talking
about any of their clients with family members and/or other people that
we/they, personally might trust.
There are three important exceptions to Provider's assurances of confidentiality:
1.
All U.S. citizens (including counselors) are required by law to
report any suspicion of risk of child abuse. If Provider believes that
a child is at risk of being abused, has already been abused, or that
someone who previously abused children is still a threat, Provider has
no choice but to immediately make every effort possible to report it to
social services and/or the police.
2. If someone's life is in danger, Provider will attempt to report it. This applies to cases of both suicide and homicide.
2. If someone's life is in danger, Provider will attempt to report it. This applies to cases of both suicide and homicide.
AT THIS MOMENT, AS YOU READ THIS TEXT, IF YOU ARE
SERIOUSLY CONSIDERING SUICIDE, PLEASE LOG OFF YOUR COMPUTER AND
TELEPHONE THE POLICE OR EMERGENCY MEDICAL SERVICES.
SERIOUSLY CONSIDERING SUICIDE, PLEASE LOG OFF YOUR COMPUTER AND
TELEPHONE THE POLICE OR EMERGENCY MEDICAL SERVICES.
3. Most U.S. courts have the power to subpoena counselors records if you are involved in a court case in which your relationship with Provider is somehow relevant. Although this may be rare, if you have any questions, it is better to contact your lawyer prior to disclosing any information you may deem private.
Please be aware
that efforts to fulfill the above obligations are limited by the
information that you provide the counselor. Provider cannot and will
not be held responsible for failure to act if you do not provide
sufficient information. We urge you to fill out the Service Order Form
completely before you access the counseling services.
Other Issues to Consider Before Accessing the Counseling Services:
If you are going to
communicate with the counselor via computer, please consider carefully
whether you are willing to take the risk of third-party interception.
While some experts say third-party interception is unlikely, others
argue that encryption of sensitive information is a necessary
precaution and the only way to ensure private communication.
Receiving counseling services via computer negates the possibility of verbal communication between you and the counselor. This has both positive and negative implications. On the positive side, you, as a client, have easy access to counseling and have more control over what you reveal to the counselors. On the negative side, it is possible that what you choose to omit from your computer (and even telephone) conversation may also lead the counselor to an inaccurate assessment of your situation. To the extent that this occurs, the counselor could respond to you in ways that are less than optimal for your situation.
Receiving counseling services via computer negates the possibility of verbal communication between you and the counselor. This has both positive and negative implications. On the positive side, you, as a client, have easy access to counseling and have more control over what you reveal to the counselors. On the negative side, it is possible that what you choose to omit from your computer (and even telephone) conversation may also lead the counselor to an inaccurate assessment of your situation. To the extent that this occurs, the counselor could respond to you in ways that are less than optimal for your situation.
4. Trademarks
M. Dennis Paul,
Ph.D.. and the Website logo are trademarks of M. Dennis Paul. All other
trademarks appearing on the Service are trademarks of their respective
owners.
5. Notice
Provider may give
notice to Users by means of a general notice on the Service. You may
give notice to Provider (such notice shall be deemed given when
received by provider at any time by any of the following:
* electronic mail to mdp54@comcast.net
* letter delivered by first-class postage prepaid mail to Provider at:
M. Dennis Paul
5 Park Road
Windsor, NH 03244
* electronic mail to mdp54@comcast.net
* letter delivered by first-class postage prepaid mail to Provider at:
M. Dennis Paul
5 Park Road
Windsor, NH 03244
6. Indemnification
User agrees to
indemnify and hold Provider harmless from any dispute which may arise
from a breach of the terms of this Agreement. User agrees to hold
Provider harmless from any claims and expenses, including reasonable
attorney's fees and court costs, related to a member's violation of
this Agreement, including the Rules of Conduct or any information,
software or content placed on the Service by User.
The User agrees to fully indemnify and hold Dr. Paul, any employees, agents, successors and assigns, harmless from any and all claims, demands, losses, liabilities, damages or expenses for investigation or reasonable attorney's fees and/or court costs arising out of, or in any way related to, this Agreement, including any personal injury or property damage whether such liabilities, claims or demands arise out of the negligent acts of Provider or from some other cause. Furthermore, Providers aggregate liability arising under or with respect to the Agreement, and specifically the counseling services, shall in no event exceed the total fees (as established by Provider and listed on the Service) paid or payable by the User to Provider.
8. Choice of LawThe User agrees to fully indemnify and hold Dr. Paul, any employees, agents, successors and assigns, harmless from any and all claims, demands, losses, liabilities, damages or expenses for investigation or reasonable attorney's fees and/or court costs arising out of, or in any way related to, this Agreement, including any personal injury or property damage whether such liabilities, claims or demands arise out of the negligent acts of Provider or from some other cause. Furthermore, Providers aggregate liability arising under or with respect to the Agreement, and specifically the counseling services, shall in no event exceed the total fees (as established by Provider and listed on the Service) paid or payable by the User to Provider.
This Agreement
shall be construed and controlled by the laws of the State of NH.
Further, any dispute arising from the terms of this Agreement or a
breach of this Agreement will be governed by the laws of the State of
NH. User agrees to personal jurisdiction by the state and federal
courts sitting in the State of NH.
9. Merger Clause
This Agreement
constitutes the entire agreement between the parties with respect to
the subject matter contained herein and supersedes all previous and
contemporaneous agreements, proposals and communications, written or
oral between Provider, representatives and User. Provider may, at any
time, amend or modify this Agreement or impose new conditions at any
time upon notice from Provider to User as published through the
Service. Any use of the Service by User after such notice shall be
deemed to constitute acceptance by User of such amendments,
modifications or new conditions.
It is understood and agreed that if any part, term, or provision of this Agreement is held by a court to be illegal or in conflict with any law of the State of NH, the validity of the remaining terms of this Agreement shall not be altered, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the part, term, or provision held invalid.
It is understood and agreed that if any part, term, or provision of this Agreement is held by a court to be illegal or in conflict with any law of the State of NH, the validity of the remaining terms of this Agreement shall not be altered, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the part, term, or provision held invalid.
I understand and agree to the terms of the Service Agreement and want to access the counseling service.
I do not agree