TERMS OF USE

PLEASE READ THE FOLLOWING TERMS OF USE (“Terms of Use”) AND DISCLAIMER CAREFULLY BEFORE USING THIS WEBSITE. BY ACCESSING OR USING THE WEBSITE LOCATED AT HTTPS://WWW.SELLINGTHECOUCH.COM, INCLUDING BUT NOT LIMITED TO ALL LINKED PAGES AND SUB PAGES (“Website”) OR ANY SERVICES LINKED THROUGH OR PROVIDED IN CONNECTION WITH THIS WEBSITE, INCLUDING THOSE PROVIDED THROUGH THE STC SITES (DEFINED IN PARAGRAPH 8) (COLLECTIVELY, “Services”), YOU AGREE TO ABIDE BY THE TERMS OF USE, INCLUDING THE DISCLAIMER, AS THEY MAY BE AMENDED FROM TIME TO TIME. IF YOU DO NOT AGREE TO THE TERMS OF USE, AS MAY BE AMENDED FROM TIME TO TIME, PLEASE DO NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES.

1. Disclaimer

This Website is provided on an “as is” and “as available” basis, and users are fully and solely responsible for their use of the Website and for any results or consequences of such use. Selling the Couch, LLC (“STC”) disclaims all warranties and/or representations of any kind, express or implied, with respect to the quality, content, accuracy, completeness, operation, currency, freedom from computer virus, or non-infringement of proprietary rights of the Website including any of the design, information, text, graphics, images, pages, interfaces, links, software, or other materials and items contained in or displayed on the Website. STC expressly disclaims any and all warranties, express or implied, regarding the Website, including but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. STC does not warrant that your use of the Website or the Services will be uninterrupted or error-free. STC does not warrant that the Website or the Services will meet your requirements. STC does not in any way guarantee that your use of the Website, its content, the Services, or the STC Sites will generate revenue for you, Internet traffic to your website, or any other benefits. The Website has been compiled from a variety of sources, including sources beyond the control of STC, and is therefore subject to change without notice from STC. Any person who relies upon such information obtained from this Website does so at his or her own risk. You assume the risk of any and all damage or loss from use of, or inability to use, the Website or the Services.

In no event shall STC, its members, officers, employees, agents, or representatives be liable for damages of any kind, including any direct, indirect, lost profits, loss of data, special, punitive, incidental, exemplary or consequential damages arising from your accessing or using the Website or the Services, including but not limited to any disruption in service of the Website, or otherwise arising from the Website or from anything contained in or displayed on the Website or the Services, or any other materials or services provided to you by STC, regardless of whether or not such damages were foreseeable. This limitation shall apply regardless of the type of action or claim brought against STC, including but not limited to breach of contract or tort.

Nothing contained in or displayed on this Website constitutes or is intended to constitute legal advice by STC or any of its members, officers, employees, agents, attorneys, or representatives or as substitutes for legal counsel.

2. Minimum Age

You must be 18 years or older in order to accept the Terms of Use and use this Website or the Services.

3. United States Use Only

The Website is controlled and operated by STC from its office in the Commonwealth of Pennsylvania. The domain of the Website is registered in the United States and the Website is hosted in the United States. The intended audience for this Website consists of individuals in the United States only. STC makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Website should not be construed as STC’s purposefully availing itself of the benefits or privilege of doing business in any jurisdiction other than the United States.

4. Privacy Policy

STC has adopted a privacy policy (the “Privacy Policy“) that explains how STC handles your personal information. The Privacy Policy can be accessed by clicking the “Privacy Policy” link on the bottom of the Website. The Privacy Policy is expressly incorporated into the Terms of Use by this reference as though fully set forth herein.

5. Copyright, Trademarks, Service Marks, And Logos

Trademarks, service marks, and logos contained in or displayed on the Website, and the contents of linked sites operated by third parties, are the property of their respective owners. All other design, information, text, content, graphics, images, pages, logos, interfaces, links, software, and other items and materials contained in or displayed on this Website, and the selection and arrangements thereof, are the property of STC, Copyright © 2015 Selling the Couch, LLC. All rights are reserved. Nothing contained on the Website should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by STC or by any third party. Users must obtain the written consent of the respective owners of the trademarks, service marks, or logos in order to use them. Reproduction, distribution or republication in any form and any modification whatsoever of any content on the Website are strictly prohibited without the prior written permission of STC.

6. External Websites

This Website may contain links to other sites on the Internet that are created and operated by public and/or private organizations other than STC (each, an “External Website,” collectively, “External Websites”). STC has no control over, and no liability for any External Websites. STC works with a number of partners and affiliates whose Internet sites may be linked with the Website. STC provides these links as a service to its users. Because STC has no control over the content and performance of these External Websites, STC makes no warranties, guarantees about and is not responsible for the accuracy, currency, content, completeness, purpose, or quality of those External Website or the information provided by such External Websites, and STC assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those External Websites. STC is not responsible for the availability of such External Websites. When users link to an External Website, they are leaving this Website and are subject to the terms, conditions, and policies of that External Website, including but not limited to that External Website’s terms of use, privacy, and security policies.

7. Third Party Content

In connection with your use of the Website or the Services, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that STC makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, completeness, purpose, or quality of this third party content, and that, unless expressly provided otherwise, the Terms of Use shall govern your use of any and all third party content.

8. User Content

In connection with your use of the Website or the Services, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that STC makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, completeness, purpose, or quality of this third party content, and that, unless expressly provided otherwise, the Terms of Use shall govern your use of any and all third party content.

9. Inappropriate Content

Certain content as more fully explained below is prohibited on this Website and the STC Sites. You agree not to post, upload, download, display, perform, transmit, or otherwise distribute any content that: (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable Federal, State, Local law, regulation, rule, or code; (c) reveals personal or confidential information and/or any other information that may be able to identify a past, present, future, or potential patient or client; (d) advertises or otherwise solicits funds; or (e) advertises, promotes, or otherwise solicits for business, goods, or services except as permitted by STC in the Terms of Use or the STC Sites. STC expressly reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Website or the Services, terminate your membership to the STC Sites and, if applicable, to delete any such material from its servers. STC intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of the Terms of Use or of any applicable laws, regulations, rules, or codes.

10. Prohibited Uses

STC imposes certain restrictions on your permissible use of the STC Sites and the Services. You are prohibited from violating or attempting to violate any security features of the STC Sites, including, without limitation: (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the STC Sites, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the STC Sites, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the STC Sites to send unsolicited e-mail, messages, or any other type of communication, including, without limitation, promotions, advertisements, or other types of solicitations for products, services, or events without the consent of STC; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the STC Sites; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by STC in providing the Website. You shall not promote or advertise any product, service, or event through the STC Sites without the consent of STC. If you violate this paragraph or STC’s system or network security, STC shall have the right to terminate your access to the STC Sites, at STC’s sole discretion, and may subject you to civil and/or criminal liability.

11. Compliance With Intellectual Property Laws

When accessing the STC Sites, you agree to obey all applicable Federal, State, and Local laws, regulations, rules, and codes, and to respect the intellectual property rights of others. Your use of the STC Sites is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to post, upload, download, display, perform, transmit, or otherwise distribute User Content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any User Content you provide or transmit, or that is provided or transmitted using your User ID. It is your sole burden to prove that any User Content does not violate any laws or third party rights.

12. Copyright Infringement

In connection with your use of the Website or the Services, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that STC makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, completeness, purpose, or quality of this third party content, and that, unless expressly provided otherwise, the Terms of Use shall govern your use of any and all third party content.

13. Indemnification

STC has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the STC Sites or with the Services. You can view STC’s Digital Millennium Copyright Act (“DMCA Policy“) takedown policy or make a claim of infringement by clicking on the DMCA Policy link on the bottom of the Website. The DMCA Policy is expressly incorporated into the Terms of Use by this reference as though fully set forth herein.

14. Alleged Violations

STC reserves the right to terminate your use of the Services and/or the STC Sites. To ensure that STC provides a high quality experience for you and for other users of the STC Sites and the Services, you agree that STC or its representatives, agents, consultants, or contractors may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the STC Sites or the Services. STC does not intend to disclose the existence or occurrence of such an investigation unless required by law, but STC reserves the right to terminate your account or your access to the STC Sites immediately, with or without notice to you, if STC believes that you have violated any of the Terms of Use, furnished STC with false or misleading information, or interfered with use of the STC Sites or the Services by others.

15. Communications Through The Website

In no event shall any communication made through the e-mail and/or messaging functions of any of the STC Sites constitute legal notice (including, but not limited to, legal notice required by Federal, State, or Local laws, rules, codes, or regulations) to STC, or to any of its members, officers, employees, agents, or representatives with respect to any existing or potential claim, loss, demand, or cause of action against STC or any of its members, officers, employees, agents, or representatives.

16. Website Accessibility Policy And Statement

The policy of STC is that all web based information and service be designed to provide access to people with disabilities.

17. Amendments

STC reserves the right to amend the Terms of Use. Should STC seek to make such an amendment and it, in its sole discretion, consider the amendment to be material in nature, it shall clearly publish on the home page that an amendment has been made. Should a court of competent jurisdiction rule this Amendments provision invalid, then this Amendments provision shall be terminated as part of the Terms of Use with the agreement between you and STC reverting to the previous set of Terms of Use applicable to the Website. All amendments to the Terms of Use shall not apply retroactively.

18. Miscellaneous

a. The Terms of Use and all disputes arising under them shall be governed, construed and decided in accordance with the laws of the Commonwealth of Pennsylvania. Your use or access of the STC Sites or the Services shall serve as your consent to the exclusive jurisdiction of the state or federal courts in the Commonwealth of Pennsylvania for all disputes arising out of or related to the STC Sites or the Services.

b. The provisions of the Terms of Use are intended to be severable. If any provision of the Terms of Use is held to be invalid, void or unenforceable in whole or in part in any jurisdiction, then such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability, without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

c. No waiver of any breach of or failure to enforce any provision of the Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of that provision or any other provision in the Terms of Use. A waiver shall not be effective unless it is made in writing and signed by an authorized representative of STC.

Pin It on Pinterest

Share This