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1. Services and Conditions of Use
Welcome to Mission Psychological Consultants,
Inc.'s (MPC) Website (the "Service"). As part of our service, MPC (the
"Provider") agrees to provide you with information, email service, access to
counseling services subject to the terms of this Agreement. Upon notice published through
the Service, Provider may modify this Agreement at any time. You agree and continue to
agree to use Provider Services in a manner consistent with all applicable laws and
regulations and in accordance with the terms and conditions set out below. Please note
that you will be referred to as "User" sometimes in this Agreement. The terms
"MPC" or "Provider" not only includes the corporate entity, Mission
Psychological Consultants, Inc., but also its directors, officers, employees, agents,
successors and assigns.
2. Limitation of Liability and
Warranty
User agrees that use of any or every part
of the service is entirely at user's own risk. Provider's services are provided "as
is," without warranty of any kind, either express or implied, including without
limitation any warranty for information, services, counseling, uninterrupted access, or
products and services provided through or in connection with the Service, including
without limitation the provider software licensed to the User and the results obtained
through the Service. Specifically, provider disclaims any and all warranties, including
without limitation:
·any warranties concerning the
availability, quality, accuracy or content of information, products or counseling and
other services; and ·any warranties of title or warranties of merchantability or fitness
for a particular purpose.
This disclaimer of liability applies to any
damages or injury caused by the failure of performance, error, omission, interruption,
deletion, defect, delay in operation of transmission, computer virus, communication line
failure, theft or destruction or unauthorized access to, alteration of, or use of record,
whether for breach of contract, tortious behavior, negligence, or under any other cause of
action.
User specifically acknowledges that
provider is not liable for the defamatory, offensive or illegal conduct of other Users or
third-parties and that the risk of injury from the foregoing rests entirely with the User.
Neither provider nor any of its agent,
affiliates or content providers shall be liable for any direct, indirect, incidental,
special or consequential damages arising out of use of the service or inability to gain
access to or use the service or out of any breach of any warranty. User hereby
acknowledges that the provisions of this section shall apply to all content on the
service.
3.CONFIDENTIALITY AND SECURITY
Regarding counseling
services available through MPC, we assure you that the counselors will not communicate
anything to a third party except at times when supervision of the individual counseling
professional(s) is required in order to better serve you. Furthermore, professional
ethical guidelines prevent the counselors from talking about any of their clients with
family members and/or other people that we/they, personally might trust.
There are two important exceptions to
our assurances of confidentiality:
A. All U.S. citizens (including the
counselors) are required by law to report any suspicion of risk of child abuse. If we, or
the counselors, believe that a child is at risk of being abused, has already been abused,
or that someone who previously abused children is still a threat, we have no choice but to
immediately make every effort possible to report it to social services and/or the police.
B.
If someone's life is in danger,
we will attempt to report it. This applies to cases of both suicide and homicide.
AT THIS MOMENT,
AS YOU READ THIS TEXT, IF YOU ARE SERIOUSLY CONSIDERING SUICIDE, PLEASE LOG OFF YOUR
COMPUTER AND TELEPHONE THE POLICE OR EMERGENCY MEDICAL SERVICES.
Please be aware that our efforts to fulfill
the above obligations are limited by the information that you provide us and/or the
counselors. We cannot and will not be held responsible for failure to act if you do not
provide us and/or the counselors with sufficient information. We urge you to fill out our
Forms completely before you access the counseling services.
Other Issues to Consider Before
Accessing the Counseling Services:
If you are going to communicate with the
counselors via computer, please consider carefully whether you are willing to take the
risk of third-party interception. While some experts say third-party interception is
unlikely, others argue that encryption of sensitive information is a necessary precaution
and the only way to ensure private communication.
Receiving counseling services via computer
negates the possibility of verbal communication between you and the counselor. This has
both positive and negative implications. On the positive side, you, as a client, have easy
access to counseling and have more control over what you reveal to the counselors. On the
negative side, it is possible that what you choose to omit from your computer (and even
telephone) conversation may also lead the counselors to an inaccurate assessment of your
situation. To the extent that this occurs, the counselors could respond to you in ways
that are less than optimal for your situation.
4. Trademarks
Mission Psychological Consultants, Inc. and
the MPC logo are trademarks of Mission Psychological Consultants, Inc.
5. Notice
Provider may give notice to Users by means
of a general notice on the Service. You may give notice to Provider, such notice shall be
deemed given when received by provider at any time by any of the following:
·electronic mail to info@MPCcares.com ·letter telecopied to Provider at
the following fax number: (949) 248-7511 ·letter delivered by first-class postage prepaid
mail to Provider at:
Mission Psychological Consultants
32122 Camino Capistrano, Suite 200
San Juan Capistrano, CA 92675
6. Indemnification
User agrees to indemnify and hold Provider
harmless from any dispute which may arise from a breach of the terms of this Agreement.
User agrees to hold Provider harmless from any claims and expenses, including reasonable
attorney's fees and court costs, related to a member's violation of this Agreement,
including the Rules of Conduct or any information, software or content placed on the
Service by User.
7. Choice of Law
This Agreement shall be construed and
controlled by the laws of the State of California. Further, any dispute arising from the
terms of this Agreement or a breach of this Agreement will be governed by the laws of the
State of California. User agrees to personal jurisdiction by the state and federal courts
sitting in the State of California.
8. Merger Clause
This Agreement constitutes the entire
agreement between the parties with respect to the subject matter contained herein and
supersedes all previous and contemporaneous agreements, proposals and communications,
written or oral between Provider representatives and User. Provider may, at any time,
amend or modify this Agreement or impose new conditions at any time upon notice from
Provider to User as published through the Service. Any use of the Service by User after
such notice shall be deemed to constitute acceptance by User of such amendments,
modifications or new conditions.
It is understood and agreed that if any
part, term, or provision of this Agreement is held by a court to be illegal or in conflict
with any law of the State of California, the validity of the remaining terms of this
Agreement shall not be altered, and the rights and obligations of the parties shall be
construed and enforced as if the Agreement did not contain the part, term, or provision
held invalid.
I understand and agree to the terms of the
Service Agreement and want to access the counseling service.
Please Return to our Appointment form by
clicking the BACK button or the LEFT ARROW button at the top of your browser screen.
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