TERMS OF USE

The Dignified Devil, LLC   Terms of Use Agreement

Read This “Terms of Use Agreement” Before Accessing Website.

Updated: December 22, 2010

The terms “us”, “we”, “our” refer to The Dignified Devil, LLC, an Arizona limited liability corporation providing professional counseling, consulting and coaching services. The terms “you”, “your” refer to the user or viewer of the www.Dignifieddevil.com website (“Site”).

This Terms of Use Agreement sets forth the standards of use of the The Dignified Devil, LLC www.Dignifieddevil.com Online Service (“Service”). By using the Site you agree to these terms and conditions. If you do not agree to the terms and conditions of this Agreement, you should immediately cease all usage of the Site. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice.  Modifications shall become effective immediately upon being posted at the Site.  Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Description of Service

We are providing you with access to the Site in order to provide information about our practice, and resources for requesting information and purchasing products and services. You must provide (1) all equipment necessary for your own Internet connection, including computer and modem and (2) provide for your access to the Internet, and (3) pay any fees related with such connection.

2. Disclaimer of Warranties

The Site is provided by us on an “as is” and on an “as available” basis.  To the fullest extent permitted by applicable law, we make no representations or warranties of any kind, express or implied, regarding the use or the results of the Site in terms of its correctness, accuracy, reliability, or otherwise.  We shall have no liability for any interruptions in the use of the Site.  We disclaim all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.  Some jurisdictions do not allow the exclusion of implied warranties; in those cases the above-referenced exclusion is inapplicable.

3. No Professional Counseling Advice or Therapist-Client Relationship

Information contained on or made available through the Site is not intended to and does not constitute recommendations, advice, psychotherapy or professional counseling under any circumstance and no therapist-client relationship is formed. We do not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained in or linked to the Site. Your use of information on the Site or materials linked to the Site is entirely at your own risk, and is not a substitute for personal consultation with a licensed mental health professional.

4. Limitation of Liability

WE SHALL NOT be liable for any damages whatsoever, and in particular we shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to THE SITE or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if we HAVE been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE IN THOSE INSTANCES SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.

5. Indemnification

You agree to indemnify and hold us, our parents, subsidiaries, affiliates, members, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of your use of the Service, the violation of this Agreement, or infringement by you, or other user of the Service using your computer, of any intellectual property or any other right of any person or entity.

6. Modifications and Interruption to Service

We reserve the right to modify or discontinue the Service with or without notice to you. We shall not be liable to you or any third party should we exercise our right to modify or discontinue the Service. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to the Site and operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

7. Links To Third Parties; Downloading Files

The Site may have links, such as hyperlinks or buttons, directing access to third parties’ web sites (“Linked Sites”). The Linked Sites are not controlled or monitored by us. We shall not be responsible for any materials, information, or content posted on the Linked Sites. The inclusion of the Linked Sites on the Site does not imply any relationship or association between us and the owner of the Linked Sites or any endorsement or sponsorship by us of the Linked Sites. We include the Linked Sites solely for your convenience. You are solely responsible for your access of the Linked Sites. You shall use your own judgment, caution, and common sense in using the Linked Sites.

We cannot and do not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs. Any software available for download via the Site is the copyrighted work of us or our partners, affiliates, contributors or third parties. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement.

8. Registration/Purchase

Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration and/or purchase information. Your registration must be done using accurate information. Each registration is for your personal use only. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.

You represent and warrant that if you are purchasing something from us or from Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.

9. Refund and Return Policy

To the extent that you purchase any products directly from us, we will refund to you your purchase price, less shipping and handling costs, within 30 days of you notifying us in writing of your desire for the refund, together with the reason for the request, along with the product returned to us in substantially the same condition as when purchased.

To the extent that you purchase any services directly from us, we will refund to you your purchase price in the form of a credit that may be applied to the purchase of any of our services within the following twelve month time period. You must notify us in writing, within 30 days of the first day of delivery of the service, of your desire for the refund, together with the reason for the request.

Please note, however, that certain products and services mentioned on the Site may be sold by third parties or are linked to third party websites, and we have no responsibility or liability for those products or services.

10. Disclaimer Regarding Accuracy of Vendor Information

Product and service specifications and other information provided on or through the Site by third-party Vendors have either been provided by the Vendors or collected from publicly available sources.  While we make every effort to ensure that the information on the Site is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on the Site.

We make no warranties or representations whatsoever with regard to any product or service provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

11. Governing Jurisdiction of the Courts

The Site is operated and provided in the State of Arizona.  As such, we are subject to the laws of the State of Arizona, and such laws will govern this Terms of Use Agreement, without giving effect to any choice of law rules.  We make no representation that the Site or other services are appropriate, legal or available for use in other locations.  Accordingly, if you choose to access the Site you agree to do so subject to the internal laws of the State of Arizona.

12. Compliance with Laws

You assume all knowledge of applicable law and are responsible for compliance with any such laws.  You may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

13. Copyright and Trademark Information

All content included or available on the Site, including site design, logo, text, graphics, interfaces, and the selection and arrangements thereof is ©2008 – 2010 www.Dignifieddevil.com, with all rights reserved, or is the property of The Dignified Devil, LLC and/or third parties protected by intellectual property rights. Any use of materials on the Site, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of The Dignified Devil, LLC is strictly prohibited.  You agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of The Dignified Devil, LLC.

The Dignified Devil, LLC™ and www.Dignifieddevil.com™ are proprietary marks of The Dignified Devil, LLC.  The Dignified Devil, LLC’s trademarks may not be used in connection with any product or service that is not provided by us, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.

All other trademarks displayed on the Site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors.  In addition, such use of trademarks or links to the websites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with The Dignified Devil, LLC.

14. Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, The Dignified Devil, LLC designates the individual noted in the “Contact Information” section of this Agreement as its agent for receipt of notifications of claimed copyright infringement.

15. Botnets

We retain the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, we reserve the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

16. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.  You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition.  This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a user.  You agree that by accepting this Terms of Use Agreement, you are consenting to the use and disclosure of your personally identifiable information and other practices described in our Privacy Policy.

17. Contact Information

Contact us by addressing your correspondence to:

Manager
The Dignified Devil, LLC
info@thedignifieddevil.com