Terms of Service, Conditions of Usage and Disclaimer
THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THE WEB SITE "paulearley.net" owned and operated by EARLEY CONSULTANCY, LLC (REFERRED TO HEREIN AS THE "SITE") AND ARE LEGALLY BINDING ON YOU.
IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR UNDERSTANDING OF AND AGREEMENT TO EACH OF THE TERMS AND CONDITIONS SET FORTH BELOW.
The Site and the forums (the "Forums," and together with the Site, the "Services") are provided by Earley Consultancy, LLC. (the "Company") and are designed to help readers and posters learn about Addiction and Recovery, to discuss addiction treatment in general, discuss ways to make addiction treatment better and various other subjects. The information on the site is provided on the whole by members of the public using anonymous screen names.
Company Reserves the Right to Revise this Agreement. Company reserves the right, at any time and from time to time, to update, revise, supplement and to otherwise modify this Agreement and to impose new or additional rules, policies, terms or conditions on your use of the Services. Such updates, revisions, supplements, modifications and additional rules, polices, terms and conditions (collectively referred to in this Agreement as "Additional Terms") shall be effective immediately and incorporated into this Agreement upon notice thereof, which may be given by any reasonable means including by posting to this Site or the Web sites of Company's related or affiliated entities. Your continued use of the Services following such notice shall be deemed to conclusively indicate your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.
Company May Revise or Terminate Any Part of the Services at Any Time. Company reserves the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, any or all of the Services, with or without notice and in its sole discretion. This includes the right to modify, discontinue or remove any content, postings, links, pages, services, or other materials at any time and for any reason. You agree that Company shall not be liable to you for any modification, general suspension or discontinuance of any Services. Company may, in its sole discretion, refuse or restrict anyone from access to any or all of the Services at any time.
Security, Cracking and Hacking. You shall not violate or attempt to violate the security of the Services. Accordingly, you shall not: (i) access data or materials not intended for you; (ii) log into a server or account which you are not authorized to access; (iii) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (iv) attempt to interfere with service to any user, host or network, including without limitation, via means of submitting a virus to the Services, overloading, "flooding" or otherwise creating Denial of Service errors, "mailbombing" or "crashing" the Services. Violations of system or network security may result in civil or criminal liability. Company reserves the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer's functionality or operation which may be transferred to your computer via the Services.
Ownership. All content, materials and software posted to or used in conjunction with the Services including, without limitation, text, graphics, logos, button icons, images and audio clips are the property of Company or its licensors and are protected by U.S. and international copyright, trademarks and other proprietary rights and Intellectual Property Rights laws. The compilation of all content on this Site is the exclusive property of Company and is protected by U.S. and international copyright laws. Except to the minimum extent otherwise expressly permitted under copyright law, no copying or exploitation of material from the Services is permitted without the express written permission of Company and any other applicable copyright owner. You also may not resell the Services (or any part thereof). You acknowledge that you do not acquire any ownership rights by virtue of downloading copyrighted material from the Services. All rights not expressly granted hereunder are expressly reserved to Company. If you believe your rights under applicable copyright laws are being infringed, you may notify our designated agent by clicking (here) [insert link to Copyright Notice & Procedure] and follow the posted instructions.
Spidering. The use of any tools, programs, robotic algorithms or products to automatically download or "spider" the site or any of the pages of the site is expressly prohibited and infringes on Company's copyrights. Do not use any such tools or products on or in connection with the Services.
Termination. Company may and will terminate your account and access to Forums immediately, if, in its sole discretion, Company believes that your conduct fails to conform with this Agreement. Without limiting the foregoing, if you use, or attempt to use any or all of the Services for any purposes other than its intended purposes (including without limitation by tampering, hacking, modifying or otherwise corrupting the security or functionality of the Services), you may also be subject to civil and criminal liability.
Compliance with Laws. You may use the Services only for lawful purposes. The Services are subject to, and you agree that you shall at all times comply with, all applicable local, state, national, and international laws, statutes, rules, regulations, ordinances and the like applicable to the use of the Services. This obligation includes your agreement to comply with all applicable laws, including without limitation, industry-specific regulations and rules relating to the export of technical and other data from the United States (and from your country if you are not located in the United States) and your agreement not to export or re-export any such data or any other content or materials in violation of such laws, rules or regulations without first obtaining all necessary licenses, consents and approvals therefore, as well as authorization therefore from Company.
Deep Links. You shall not "deep-link" to this Site, meaning that you will not create, post, display, publish or distribute any link to any page other than the front (home) page of this Site for any purpose, unless specifically authorized by Company to do so.
Non-Reliance. You should not rely only upon the information or opinions you read on this Site. Rather, you should use what you read here as starting points for doing independent research on the subject that interests you, then judge for yourself the merits of the material that has been shared in our Forum. Neither the Company nor the Site does guarantee the veracity, reliability or completeness of any information provided in our forum or in any hyperlink appearing on our site.
You Are Responsible For All of Your Activities and All of The Content You Post. You are responsible for your communication content and transmissions. You represent and warrant that any information you post on the Forums or provide to Company by means of the Services, including, without limitation, as part of any registration or application or to gain access to any Services, is true, accurate, not misleading and offered in good faith. Any information disclosed to you via the Services including, without limitation, any content in any personalized areas of the Site, may be used only for its intended purpose. Company expects that you will exercise caution, good sense and proper judgment in using the Services. You agree NOT to use the Services for, or in connection with, any of the following activities:
i) Spoofing or otherwise impersonating any person or entity, including, without limitation, any other users or any of Company's personnel, or falsely stating or otherwise misrepresenting your identity or affiliation in any way, or forging any TCP/IP packet header or any part of the header information in any e-mail or other posting;
ii) Any fraudulent or illegal purpose, or any use which violates the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, as well as any activity that could damage Company's commercial reputation and goodwill or the commercial reputation and good will of its vendors and customers;
iii) E-mailing, uploading, or otherwise transmitting or using the Services in furtherance of the use or distribution of any unlawful, harmful, harassing, defamatory, tortious, libelous, abusive, threatening, vulgar, sexually explicit, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind, or any material that is invasive of another's privacy or exploits children, or transmitting any sexually explicit materials, including images and other content;
iv) Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer's functionality or the operation of Company's (or anyone else's) Services, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or transmit any materials that otherwise violate Company's rules or policies;
v) Transmitting material that infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party; and
vi) Transmitting materials that constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
Do Not Violate Third Party Intellectual Property Rights. Without limiting the foregoing, you may not, and by using any or all of the Services you agree not to, use the Services to: (i) transmit material that is copyrighted, unless you are the copyright owner or have obtained the permission of the copyright owner to transmit it; (ii) transmit material that reveals trade secrets, unless you own them or have the permission of the owner to so transmit them; or (iii) transmit material that infringes on any Intellectual Property Rights (as defined below) of others or violates the privacy or rights of publicity of others. For purposes of this Agreement, the term "Intellectual Property Rights" means collectively, rights under patent, trademark, copyright and trade secret laws, any applications or registrations relating to such rights, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, the waiver of moral rights and similar rights.
Passwords and User Names - Security. You agree that you are entirely responsible for maintaining the confidentiality of your password and UserName. You agree to immediately notify the Company of any other breach of security in relation to the Site that is known to you. You agree that you are entirely responsible for any and all activities that occur using your password and UserName, whether or not you are the individual who undertakes such activities.
Non-Endorsement. The Forum content is not endorsed by the Company. The opinions expressed on the Forums reflect solely the opinions of the participants. People sometimes post messages on Forums or make statements that are misleading, deceptive, or downright wrong; they may do this unintentionally and at times even intentionally. Therefore, please treat the contributors here the same way you would treat anyone you had met for the first time. This is important because anyone can post on our Forums: no membership or proof of identity is required
The Company does not represent, warrant, nor endorse the accuracy or reliability of any of the information, content or advertisements (collectively, the "Materials") contained on, distributed through, or linked, downloaded or accessed from any of the services contained on this Site, nor the quality of any products, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Site. You hereby acknowledge that any reliance upon any Materials shall be at your sole risk.
We do not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components.
Disclaimer of Warranties. THE SITE AND FORUMS ARE PROVIDED ON AN "AS IS" BASIS, AND WE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THIS SITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED IN THE SITE. THE COMPANY SIMILARLY DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR FORUM IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OF SUCH MATERIAL.
Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OF ANY OR ALL OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS, IN WHOLE OR IN PART, HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF COMPANY FOR ANY REASON AND UPON ANY CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY AND OTHER ACTIONS IN CONTRACT OR TORT) ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, THE FORUM OR THIS AGREEMENT SHALL BE LIMITED TO YOUR DIRECT DAMAGES ACTUALLY INCURRED UP TO FIFTY DOLLARS ($50).
THE LIMITATION OF LIABILITY HEREIN APPLIES TO ALL LIABILITIES IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM YOUR USE OR YOUR INABILITY TO USE THE SITE OR ANY OTHER PART OF THE SERVICES, OR ANY OTHER MATTER ARISING FROM OR RELATING TO THE SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnity of Company. You agree to indemnify and hold Company harmless, and, at Company's request, to defend Company from and against any claim, demand, cause of action, debt, loss or liability, including reasonable attorneys' fees, to the extent that such action is based upon, arises out of, or relates to: (i) your use of (or inability to use) any and all of the Site or Forum; (ii) your violation of the terms and conditions of this Agreement; (iii) the infringement by you, or any other person using your password, UserName and account, of any right of any person or entity; or (iv) any other of your activities relating to your use of this Site and the Forums.
Copyright. Copyright Earley Consultancy, LLC © 2008-2009. All rights reserved. The information, posts, rules, FAQ, text and graphics in this site that are not already part of the public domain are protected by copyright. You may only use the information, text or graphics contained in this site for your own personal use and may not reproduce, adapt or publish it, in whole or in part, for any other purpose without the express written consent of Earley Consultancy, LLC. The Web Site graphics and design may not be used, downloaded, copied or distributed in any way. Portions of this web site are licensed under GNU/GPL licensing.
Contact us regarding information on the site
Updated 22 September 2009