Terms of Use

These Terms of Use govern your use of this web site (the "Site") provided by the Cleveland Psychoanalytic Center ("CPC," "we" and "us"). BY USING THE SITE, YOU HEREBY AGREE TO USE THE SITE ONLY IN ACCORDANCE WITH THE FOLLOWING TERMS OF USE. These Terms of Use apply to registered members of the Site ("Members"), and to anyone else who visits, makes purchases on, or otherwise uses the Site.

Updates and Guidelines

We may update these Terms of Use from time to time without notice to you. You can review the most current version of the Terms of Use at any time at [http://psychoanalysiscleveland.org/terms-of-use/]. When using certain services on the Site, you and we will be subject to any posted guidelines or rules applicable to such services, which maybe posted and updated from to time. All such guidelines and rules are hereby incorporated by reference intothese Terms of Use.

Member Accounts, Password, and Security

Certain portions of the Site are available only to Members, each of whom will receive a password and account designation upon completing our registration process. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under yourpassword or account. You agree to immediately notify CPC of any unauthorized use of your password or account or any other breach of security. CPC will not be liable for any loss or damage to you or anyone elsearising from your failure to comply with this rule.

Use of the Site

By registering as a Member, or by visiting, making purchases from, or otherwise using, the Site:

  • You represent that you are of legal age to form a binding contract, and are not a person barredfrom using the Site under the laws of the United States or any other applicable law;
  • If you are using the Site on behalf of your employer, you represent that you are authorized to do so;and
  • You agree that if you register, you will: provide true, accurate, current and complete information as prompted by the Site's registration form.

Posting rules

You agree to abide by the following rules when posting material and content on the Site.

You are solely responsible for any statements that are posted using your account, including making sure that such statements do not violate patient confidentiality or other ethical rules; You will not post or upload any material or links to material (including, but not limited to text, content, photos, video, animation, graphics, audio, or software) that is libelous, harassing, or disruptive, that violates any applicable law, or that would constitute grounds for civil or criminal liability; You will not post advertisements, chain letters, charity requests, petitions for signatures, or any solicitation of other users that is inappropriate; You will not violate, misappropriate, or infringe on, the rights of third parties, including, copyright, trademark, trade secret, privacy, personality, publicity, or other intellectual property or proprietary rights; you acknowledge that any materials you upload are, and will be treated as, non-confidential and non-proprietary; and you represent that you have the right to post all materials that you post on the Site and the right to permit downloading of all such materials by other users for personal use; CPC reserves the right, but is not obligated, to remove or modify any material posted to the Site inviolation of these Terms of Use.

If you encounter questionable materials on the Site, please contact us directly by clicking on this electronic e-mail link: [webmaster@psychoanalysiscleveland.org].

Other Conduct

You also agree to abide by the following rules for use of the Site.

  • You may not use the Site in such a manner as to violate any applicable law or ethical rule.
  • You may not use the Site or any hardware, software, or equipment of CPC for the purposes of destroying, disrupting or interrupting any software, hardware or any part of the Internet, with respect to CPC or any other party, including denial of service attacks, imposition of an unreasonable or disproportionately large load on infrastructure, or virus dissemination.
  • You may not use any robot, spider or other automated device to monitor or copy the web pages of the Site or any information provided on the Site without the express written permission of CPC.

We reserve the right to modify any features of the Site at any time without advance notice. In the eventeither you or CPC terminate this Agreement for any reason, you remain liable for any fees incurred beforesuch termination is effective. WE MAY, IN OUR SOLE DISCRETION, TERMINATE OR SUSPENDACCESS TO ALL OR PART OF THIS SITE (a) FOR MEMBERS OR OTHER USERS, FOR ANY REASON,INCLUDING FAILURE TO COMPLY WITH THESE TERMS OF USE, or (b) FOR ANYONE, IN ORDERTO PREVENT OR MITIGATE HARM TO THE PERSON OR PROPERTY OF YOU, OF MEMBERS,OR OF OTHER USERS OF THE SITE, CPC, OR THIRD PARTIES, OR AS REQUIRED BY LAW.

Content

We do not, and are not in a position to, review, investigate, or confirm the accuracy of information postedby users. We use reasonable efforts to ensure that information we provide on the Site will be accurate, butwe do not guarantee the accuracy, timeliness, completeness or quality of any material that is found on, inconnection with, or posted to our Site. Further, CPC, although it may choose to do so, is under no obligation to record or retain any of the material on or associated with the Site, regardless of any requests to do so.

Links to Other Sites

The Site may contain links to other websites. CPC has no control over, and accepts no liability, obligation, or responsibility for, the contents or performance of other websites. Any such link does not constitute an endorsement of, or any representation regarding, the linked website, its content, its owner, its performance, or its owner's products or services. The Site permits individuals to pay for CPC membership using PayPal; all such transactions are governed by PayPal's Terms of Use, available on the PayPal site.

Ownership

All materials on the Site that are created or provided by CPC, including text, graphics, logos, icons, and images, are the property of CPC or other content providers, and are protected by United States and foreign intellectual property laws. The compilation of all the content on this Site is the exclusive property of CPC andis also protected by United States and foreign intellectual property laws. You may download, view, copy, andprint the materials on this Site for personal or internal business use only, provided that you do not remove oralter any trademark, service mark, or logo, or any copyright, trademark or other intellectual property notices. Except as provided above, you may not download, view, copy, print, reproduce, distribute, republish,display, post, transmit, or modify any material, or portion thereof, located on the Site, or resell access to the Site, in any form or by any means without the prior written consent of CPC. We reserve the right to revoke any of the rights granted in these Terms of Use at any time, and those rights automatically terminate if you violate any of these Terms of Use. Unauthorized use of any material on the Site may violate copyright law,trademark law, and other laws of the United States and other jurisdictions. All rights not expressly grantedin these Terms of Use are reserved. CLEVELAND PSYCHOANALYTIC CENTER is the trademark of the Cleveland Psychoanalytic Center. The other trademarks, service marks, and logos used on the Site are trademarks of CPC or others.

Contributions

By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to CPC through itssuggestion or feedback web pages, via email, by posting on the Site, or otherwise, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) CPC is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) CPC shall be entitled to use or disclose (or not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) CPC may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of CPC without any obligation of CPC to you; and (f) you are not entitled to any compensation or reimbursement of any kind from CPC in connection with the Contributions under any circumstances.

Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement

CPC respects the intellectual property of others, and we ask our users to do the same. CPC may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who maybe repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide CPC's Copyright Agent the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrightor other intellectual property interest;
  2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the Site;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

CPC's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

  • By mail: Copyright Agent c/o Cleveland Psychoanalytic Center, 2460 Fairmount Boulevard, Cleveland, OH 44106-3164
  • By phone:
  • By fax: 216-229-7321
  • By email: webmaster@psychoanalysiscleveland.org

Equitable Relief

You acknowledge and agree that breach of these Terms of Use will result in irreparable harm that wouldbe difficult to measure; and, therefore, that upon any such breach or threat of such breach, CPC shall be entitled to seek injunctive and other appropriate equitable relief from any court of competent jurisdiction (without the necessity of proving actual damages or of posting a bond), in addition to whatever remedies itmay have at law, under these Terms of Use, or otherwise.

DISCLAIMER OF WARRANTIES
THE SITE AND ALL INFORMATION AND CONTENT INCLUDED ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. UNLESS OTHERWISE SPECIFIED IN WRITING, ALLPRODUCTS AND SERVICES MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, CPC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH RESPECT TO THE SITE AND THE ALL INFORMATION AND CONTENT INCLUDED ON THE SITE, AND, UNLESS OTHERWISE SPECIFIED IN WRITING, WITH RESPECT TO ALL PRODUCTS AND SERVICES MADE AVAILABLE TO YOU THROUGH THE SITE. CPC MAKES NO WARRANTY THAT (a) THAT THE SITE WILL MEET YOUR REQUIREMENTS; (b) THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE, OR FREE FROM VIRUSES, "TROJAN HORSES," OR OTHER MALICIOUS CODE; (c) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; OR (d) THAT ANY ERRORS IN THE SOFTWARE WHICH COMPRISES THE SITE WILL BE CORRECTED. No information or advice obtained through the Site, or any other affirmation of CPC, by words or actions, shall constitute a warranty.

You use any material distributed, downloaded, or accessed from the Site at your own risk and discretion. You will be solely responsible for any damage to your computer system, loss of data, or loss due to yourdownloading or reliance upon any such material. CPC assumes no responsibility, and will not be liable for, any damages to your computer equipment, software, or other property as a result of your downloading, viewing, or otherwise using the Site or any material found on the Site, or any other site to which the Site is linked, or any damages resulting from your reliance on materials posted on the Site.

IN NO EVENT SHALL CPC'S LIABILITY ARISING IN CONNECTION WITH OR UNDER THIS AGREEMENT EXCEED THE AMOUNT PAID OR PAYABLE BY YOU TO CPC FOR ANY PURCHASE MADE THROUGH THE SITE, OR, IF NO PURCHASE WAS MADE, ONE HUNDRED DOLLARS ($100). YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING UNDER THESE TERMS OF USE OR THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE MUST BE BROUGHT WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES, OR BE FOREVER BARRED.

Disclaimer of Consequential Damages

IN NO EVENT SHALL CPC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, (a) BREACH OF ANY WARRANTY OR ANY OTHER OBLIGATION IMPOSED ON CPC IN CONNECTION WITH THESE TERMS OF USE; (b) THE USE OF OR INABILITY TO USE THE SITE; AND (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; AND (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR ELSEWHERE, OR YOUR RELIANCE ON THE SAME. "Consequential damages" include, without limitation, loss of use, loss of customers, income or profit, damages or losses resulting from claims of other persons against you.

CPC shall not be liable for any failure to perform under these Terms of Use where such failure results from any cause beyond CPC's reasonable control, including but not limited to mechanical, electronic, or communications failure or degradation.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THOSE PROVISIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

Indemnity

You agree to indemnify and hold harmless CPC, its affiliates, successors, advisors and licensors, and their respective trustees, officers, employees and agents, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your violation of the Terms of Use, or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account, or forany third party claims arising as a result of your use of the Site or reliance upon any information found on the Site.

Governing Law

This contract shall be governed by and construed under the laws of the State of Ohio, without regard to its conflicts of laws principles. Except as set forth in the "Equitable Relief" provision of these Terms of Use, the sole jurisdiction and venue of any action related to these Terms of Use shall be the Ohio state courts andthe United States federal courts in Cuyahoga County, Ohio, and you agree to submit to the personal and exclusive jurisdiction of these courts.

General Provisions

All the terms of these Terms of Use shall apply to and bind your assignees and successors in interest and those of CPC. This Agreement is not assignable by you without CPC's prior written consent. The waiver by CPC of any breach or default shall not be deemed to be a waiver of any later breach or default. The exercise or failure to exercise any remedy shall not preclude the exercise of that remedy at another time or of any other remedy at any time. If any provision or portion of this Agreement is held to be invalid or unenforceable, the other provisions and portions shall not be affected. The headings are used for the convenience of the parties only and shall not affect the construction or interpretation of this Agreement.

Cleveland Psychoanalytic Center
2460 Fairmount Boulevard
Cleveland, OH 44106-3164