Terms and Conditions

GlennBerger.com is an online information, communications and assessment service (the "Service") provided by Glenn Berger, LCSW and from other sources. Use of the Service is governed by the terms and conditions of this Agreement. Please read this Agreement carefully before accessing or using the Service. Throughout this Agreement, GlennBerger.com is referred to as "we" or "us."

General terms and conditions
Your access and use of this site and its services bind you to this Agreement. If you do not agree to the Terms and Conditions of Use for this site, you may not use the site or its services.

We may modify these Terms of Use, and the agreement they create, at any time, simply by updating this posting and without notice to you. Any modifications made to this Agreement will be effective immediately upon posting on the site. By accessing or using the Service, you agree to be bound by all of the terms and conditions of the Agreement as posted on the Service at the time of your access or use. You agree to review the Agreement posted on the Service each time you use the Service so that you are aware of any modifications made to this Agreement.

Informed Consent
The information and services provided on and through this website are based on licensible clinical training, time-honored wisdom,clinical experience and scientific research. No mental or behavioral health methods, general wisdom or personal expertise are foolproof, and work the same for all people in all circumstances.

Our understanding of human nature is limited and always growing, and the information and services provided are therefore, by their very nature, limited. Though they can be effective, they also pose some risks, some of which are unpredictable. There is no guarantee that any information or services you receive through this site will be effective at all. Though unlikely, reading the information on the site, or using any of its products or services may bring up strong emotions. Your interactions and relationships with others may be impacted.

In rare instances,you may recover, or believe that you have recovered, memories of a traumatic nature. In rare cases, individuals may become destabilized by use of these services. Before embarking on using this site or any of its offered information or services, you should have certain safety measures in place, including a person to contact and a plan for safety if you feel there is any risk at all.

If you feel any distress, be sure to contact someone immediately. If you have been diagnosed with a mental illness, use this service with extreme caution. If you have suicidal thoughts contact a family member immediately, and/or call 911, or go to your nearest hospital emergency room. Unless exclusively contracted to do so, we cannot guarantee personal contact, either by email, phone, or in person.

If we have made such a contract we reserve the right to terminate it at any time without reason. If we have contracted for personal contact, we cannot be reached at all times immediately. Though we believe that the methods and information we offer are of high quality and are effective, there are many approaches to life problems that may be effective, including doing nothing at all.

You are solely in charge of making the decisions for your own life. You have the right to refuse to answer any question, follow any advice or direction or any other request made on the site or through its services or products.You have the right not to utilize this web site, its information, products or services. You have the right to terminate the use of any information, services or products at any time. If you have any doubts or questions, please feel free to ask. We encourage you to consult with other professionals. The use of this service is not intended to substitute for direct contact with a health professional.

Disclaimer
THE SERVICE AND ANY INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SERVICE IS PROVIDED ON AN "AS IS" BASIS. THAT MEANS THAT THE INFORMATION CONTAINED ON OR PROVIDED THROUGH THIS SERVICE IS INTENDED FOR GENERAL CONSUMER UNDERSTANDING AND EDUCATION. ANY ACCESS TO THIS SITE IS VOLUNTARY. WE WILL REGARD ALL ACCESS AS VOLUNTARY AND AT THE SOLE RISK OF THE USER.

This site and its services are for consumer educational use only. Nothing contained in this site is or should be considered, or used as a substitute for, medical advice, diagnosis or treatment. The services provided on this site are here to educate consumers on mental health and related issues that may affect their daily lives. This site and its services do not constitute the practice of any medical or nursing treatment.

Because of the designated purpose of this site and the services it provides, you agree that GlennBerger.com does not constitute a service that targets any one community, user group, business or industry. We advise users to always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions. Never disregard, avoid or delay in obtaining medical advice from your doctor or other qualified health care provider because of something you have read on this site.

If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately. If you are in the United States and are experiencing a medical or mental health emergency, please dial 911 or call for emergency medical help on the nearest telephone. We do not operate, control, supply, endorse, warrant or guarantee any information, products, services or merchandise that is not clearly identified as information, products, services or merchandise supplied by us. We also do not warrant or guarantee that files available for downloading through the Service will be free of infections or viruses, worms, Trojan horses or other code that contains contaminating or destructive properties.

We, and our content providers, cannot and do not guarantee or warrant against errors, omissions, delays, interruptions or losses, including loss of data. Users of this site are responsible for maintaining a means external to GlennBerger.com for the reconstruction of any lost data.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, this site, or any part thereof, with or without notice.

Warranties and limitation of liability
WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, OR WITH RESPECT TO ANY INFORMATION, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SERVICE.

WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, PRODUCTS, SERVICES, MERCHANDISE OR OTHER MATERIAL PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. WE MAKE NO WARRANTY OR GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE ARE NOT LIABLE TO ANY USER OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY BASED ON RELIANCE UPON THE INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SERVICE.

Users' agreement
By registering to use this site, users will create a personal profile account. Users agree to maintain the security of all user identification, password and other confidential information relating to the use of their Service account.

Users will not upload or transmit any communications or content of any type that infringes or violates any rights of any party.

Users will not use this site for any purpose in violation of local, state, national or international laws.

Users will not use this site as a means to distribute advertising or other unsolicited material to any third party.

Users will not post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by us in our sole discretion.

Users will not impersonate another person or create any false GlennBerger.com account information or health record for themselves or others.

Users will not hold us, or any of our affiliates, subsidiaries or parent company liable for damages including (but not limited to) loss of wages, revenue or business because of any services related to or provided by this site. The sole and exclusive remedy for dissatisfaction with the services of this site will be to stop using the Service.

Users will indemnify us and any of our parent or subsidiary companies or organizations, and any of our successors, assigns or licensees, together with any of their respective officers, directors and employees, against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys' fees and costs) arising out of a claim by a third party relating to use of the Service, or any breach or violation of this Agreement or any other term or condition contained on the Service.
Users agree to comply with all user responsibilities and obligations as stated in these Terms of Service.

Users' representations
All site users represent and warrant that they are at least 18 years of age and that they possess the legal right and ability to agree to these Terms of Service and to use this site in accordance with these Terms of Service.


Blogs
If you use the blog feature, you agree to the following.

By posting any comments, posts or other material on the blog, you give GlennBerger.com the irrevocable right to reproduce, distribute, publish, display, edit, modify, create derivative works from, and otherwise use your submission for any purpose in any form and on any media. You also agree that you will not:
Post material that infringes on the rights of any third party, including intellectual property, privacy or publicity rights.
Post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by GlennBerger.com in its sole discretion.
Post advertisements or solicitations of business.
Post chain letters or pyramid schemes.
Impersonate another person.
Allow any other person or entity to use your identification for posting or viewing comments.
Post the same note more than once or "spam."

GlennBerger.com reserves the right (but is not obligated) to do any or all of the following:
Remove communications that are abusive, illegal or disruptive, or that otherwise fail to conform with these Terms and Conditions. Terminate a user's access to the blog feature upon any breach of these Terms and Conditions.

Edit or delete any communications posted on the blog feature, regardless of whether such communications violate these standards. Finally, you agree that you will indemnify Mayo against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys' fees and costs) arising out of a claim by a third party relating to any material you have posted.

Conflict resolution
You agree that this Agreement is entered into between you and us in the State of New York, United States of America, and is performed within the State of New York and governed by and shall be construed in all respects under the laws of the State of New York, exclusive of its choice of law or conflict of laws provisions.

In any claim or action by you directly or indirectly arising under this Agreement or related to the Service, you and we each irrevocably agree to submit to the exclusive personal jurisdiction of the New York State District Court sitting in Westchester County, New York, or if such court does not have subject matter jurisdiction, then you and we each irrevocably agree to submit to the exclusive personal jurisdiction of the United States Court for the District of New York, and whichever of those two courts has jurisdiction, you and we each waive any jurisdictional, venue or inconvenient forum objections to such court.

If any of the provisions of this Agreement are held to be not enforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.

Termination of services
If you violate these Terms and Conditions of Use, your use of this site will terminate. We may notify you that you have breached the Agreement and your account is being terminated. We may, in our sole discretion, terminate your access to this site, or any portion thereof, or discontinue providing the site, or any portion thereof.

These actions are in addition to and not in lieu or limitation of any other right or remedy we may have available at law. Further, we shall not be liable to you or any third party for any such termination or discontinuance.

General
We do not guarantee continuous, uninterrupted or secure access to our services, and operation of this site may be interfered with by numerous factors outside of our control. You agree that these Terms and Conditions of Use and all incorporated agreements between us and you may be automatically assigned by us, in our sole discretion, to a third party in the event of a merger, acquisition or liquidation.

Our failure to act with respect to a breach by you or others of these Terms and Conditions of Use does not waive our right to act with respect to subsequent or similar breaches. These Terms and Conditions of Use set forth the entire understanding and agreement between us and any site user with respect to the site, its uses and services.

Copyright
The materials on the site are copyrighted by us and/or other applicable rights holders. You may download and reprint a single copy of the materials from the Service for your own personal, noncommercial use only, provided you include all applicable notices and disclaimers. Any other use of the materials is strictly prohibited without our prior written permission and the permission of the applicable rights holder(s).

Restrictions on Use of Our Online Materials
All Online Materials on the GlennBerger.com site, including, without limitation, text, software, names, logos, trademarks, service marks, trade names, images, photos, illustrations, audio clips, video clips, and music are copyrighted intellectual property. All usage rights are owned and controlled by GlennBerger.com.

You, the visitor, may download Online Materials for non-commercial, personal use only provided you
1) retain all copyright, trademark and propriety notices,
2) you make no modifications to the materials,
3) you do not use the materials in a manner that suggests an association with any of our products, services, events or brands, and
4) you do not download quantities of materials to a database, server, or personal computer for reuse for commercial purposes.

You may not, however, copy, reproduce, republish, upload, post, transmit or distribute Online Materials in any way or for any other purpose unless you get our written permission first. Neither may you add, delete, distort or misrepresent any content on the GlennBerger.com site. Any attempts to modify any online Material, or to defeat or circumvent our security features is prohibited.

Everything you download, any software, plus all files, all images incorporated in or generated by the software, and all data accompanying it, is considered licensed to you by GlennBerger.com or third-party licensors for your personal, non-commercial home use only. We do not transfer title of the software to you. That means that we retain full and complete title to the software and to all of the associated intellectual-property rights. You're not allowed to redistribute or sell the material or to reverse-engineer, disassemble or otherwise convert it to any other form that people can use.

Submitting Your Online Material to Us
All remarks, suggestions, ideas, graphics, comments, or other information that you send to GlennBerger.com through our site (other than information we promise to protect under our privacy policy) becomes and remains our property, even if this agreement is later terminated.

That means that we don't have to treat any such submission as confidential. You can't sue us for using ideas you submit. If we use them, or anything like them, we don't have to pay you or anyone else for them. We will have the exclusive ownership of all present and future rights to submissions of any kind. We can use them for any purpose we deem appropriate to our GlennBerger.com mission, without compensating you or anyone else for them.

You acknowledge that you are responsible for any submission you make. This means that you (and not we) have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

Links to Other Sites
We sometimes provide referrals to and links to other World Wide Web sites from our site. Such a link should not be seen as an endorsement, approval or agreement with any information or resources offered at sites you can access through our site. If in doubt, always check the Uniform Resource Locator (URL) address provided in your WWW browser to see if you are still in a GlennBerger.com-operated site or have moved to another site.

GlennBerger.com is not responsible for the content or practices of third party sites that may be linked to our site. When GlennBerger.com provides links or references to other Web sites, no inference or assumption should be made and no representation should be inferred that GlennBerger.com is connected with, operates or controls these Web sites. Any approved link must not represent in any way, either explicitly or by implication, that you have received the endorsement, sponsorship or support of any GlennBerger.com site or endorsement, sponsorship or support of GlennBerger.com, including its respective employees, agents or directors.

This Agreement constitutes the entire agreement between you and us relating to the access and use of the site and any of its services. This Agreement may not be modified, in whole or in part, except as described elsewhere in this Agreement. Anything contained on the Service inconsistent with or conflicting with the terms of this Agreement is superseded by the terms of this Agreement.


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