Terms of Use - GAY MEN'S COUNSELING

For Use of GAY MEN'S COUNSELING Web Site

Acceptance of terms
GAY MEN'S COUNSELING makes this Web Site (the "Site"), including all information, documents, communications, files, text, graphics, and products available through the Site (collectively, the "Materials") and all services operated by GAY MEN'S COUNSELING and third parties through the Site (collectively, the "Services"), available for your use subject to the terms and conditions set forth in this document and any changes to this document that GAY MEN'S COUNSELING may publish from time to time (collectively, the "Terms of Use").

By accessing or using this Site in any way, including, without limitation, use of any of the Services, downloading of any Materials, or merely browsing the Site, you agree to and are bound by the Terms of Use.

GAY MEN'S COUNSELING reserves the right to change the Terms of Use and other guidelines or rules posted on the Site from time to time at its sole discretion, and will provide notice of material changes on the home page of the Site. Your continued use of the Site, or any Materials or Services accessible through it, after such notice has been posted constitutes your acceptance of the changes. Your use of the Site will be subject to the most current version of the Terms of Use, rules, and guidelines posted on the Site at the time of such use. You should periodically check the "Terms of Use" link on the Site's home page to view the then-current terms. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed.

Defined terms
All user-supplied information, materials, files, communications, and documents are referred to collectively as "User Content." "GAY MEN'S COUNSELING Content" means all Materials provided by GAY MEN'S COUNSELING. User Content and GAY MEN'S COUNSELING Content may have different restrictions and conditions associated with them.

Intellectual property; limited license to users
The Materials and Services on this Site, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Materials or Services at this Site may violate such laws and the Terms of Use. Except as expressly provided herein, GAY MEN'S COUNSELING and its suppliers do not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, its Materials, or its Services or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.

Use of Services.When using Services on this Site that are offered by GAY MEN'S COUNSELING, you shall be subject to any posted guidelines, rules, or licenses applicable to such Services and to the Terms of Use. Such guidelines, rules, or licenses may contain terms and conditions in addition to those in the Terms of Use.

In addition to the Materials and Services offered by GAY MEN'S COUNSELING, this Site also makes available materials, information, and services provided by third parties (collectively, the "Third-Party Services"). GAY MEN'S COUNSELING offers no guarantees and assumes no responsibility or liability of any type with respect to the Third-Party Services, including any liability resulting from incompatibility between the Third-Party Services and the Materials and Services offered by GAY MEN'S COUNSELING. You agree that you will not hold GAY MEN'S COUNSELING responsible or liable with respect to the Third-Party Services or seek to do so.

Use of GAY MEN'S COUNSELING Content and User Content. Except as indicated to the contrary elsewhere on this Site, you may view, download, and print the GAY MEN'S COUNSELING Content and User Content available on this Site subject to the following conditions:

The GAY MEN'S COUNSELING Content and User Content may be used solely for personal, informational, and internal purposes.
The GAY MEN'S COUNSELING Content and User Content may not be modified or altered in any way.
The GAY MEN'S COUNSELING Content and User Content on the Site may not be distributed or sold, rented, leased, or licensed to others.
You may not remove any copyright or other proprietary notices contained in the GAY MEN'S COUNSELING Content and User Content.
GAY MEN'S COUNSELING reserves the right to revoke the authorization to view, download, and print the GAY MEN'S COUNSELING Content and User Content available on this Site at any time, and any such use shall be discontinued immediately upon notice from GAY MEN'S COUNSELING.
The rights granted to you constitute a license and not a transfer of title.

Important exceptions. The rights specified above to view, download, and print the GAY MEN'S COUNSELING Content and User Content available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

Trademark information
The trademarks, logos, and service marks ("Marks") displayed on this Site are the property of GAY MEN'S COUNSELING. You are not permitted to use the Marks without the prior written consent of GAY MEN'S COUNSELING. GAY MEN'S COUNSELING and the GAY MEN'S COUNSELING logo are trademarks of GAY MEN'S COUNSELING.

License to GAY MEN'S COUNSELING for User Content
Certain Services offered through this Site accommodate User Content. Depending upon the nature of the Service, by submitting User Content to this Site, you grant GAY MEN'S COUNSELING the following license:

For User Content such as comments to the GAY MEN'S COUNSELING User Forums or other written communications, you grant GAY MEN'S COUNSELING and the users of this Site an unrestricted, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such User Content, and you also agree that GAY MEN'S COUNSELING is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose without any compensation to you. However, we will not release your name or otherwise publicize the fact that you submitted such User Content to us unless: (a) you grant us permission to do so; (b) we first notify you that the User Content you submit to a particular part of the Site will be published or otherwise used with your name on it; (c) we have a good faith belief that we are required to do so by law and/or in response to a subpoena or court order; or (d) we believe it necessary in order to protect the rights of GAY MEN'S COUNSELING or others.

Prohibited communications
You may submit only User Content to the Site that is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, harassing, libelous, offensive, defamatory, obscene, or pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Violation of these restrictions may result in denial of or limitations on access by you to this Site.

User conduct
In using the Site, including all Services and Materials available through it, you agree:

not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked sites;
not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files;
not to create a false identity;
not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites.

Managing content and communications
Although it is not our intention to do so, GAY MEN'S COUNSELING reserves the right, in its sole discretion, to delete or remove User Content from the Site and to restrict, suspend, or terminate your access to all or part of this Site, at any time if we have cause to do so (including, without limitation, our good faith belief that you have violated the Terms of Use) without prior notice or liability.

GAY MEN'S COUNSELING may, but is not obligated to, monitor or review (i) any areas on the Site where users transmit or post User Content, including but not limited to areas where Services are available, or chat rooms, bulletin boards, or other user forums; and (ii) the substance of any User Content.

To the maximum extent permitted by law, GAY MEN'S COUNSELING will have no liability related to User Content arising under the laws of copyright, libel, privacy, obscenity, or otherwise. GAY MEN'S COUNSELING also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Content.

DISCLAIMERS AND WARRANTIES

THE INFORMATION PRESENTED THROUGH THIS WEB SITE IS FOR EDUCATIONAL PURPOSES ONLY. ANY INFORMATION PROVIDED SHOULD NOT BE INTERPRETED AS A SUBSTITUTE FOR CLINICAL EVALUATION OR TREATMENT. IT IS DEFINITELY NOT INTENDED TO PROVIDE OR CONFIRM A DIAGNOSIS, NOR IS ANY CLAIM MADE AS TO THE EFFECTIVENESS OF ANY TREATMENT OR PRODUCT. SEEK THE ADVICE OF A LICENSED MENTAL HEALTH PRACTITIONER OR HEALTH CARE PROFESSIONAL IF YOU HAVE SPECIFIC PROBLEMS. INFORMATION FROM GAY MEN'S COUNSELING SHOULD NOT BE USED FOR DIAGNOSING OR TREATING A PARTICULAR HEALTH OR MENTAL HEALTH PROBLEM OR DISEASE, NOR SHOULD IT TAKE THE PLACE OF CONSULTATION WITH YOUR HEALTH CARE PROFESSIONAL. IT IS YOUR RESPONSIBILITY TO CONSULT YOUR OWN PHYSICIAN, THERAPIST, OR APPROPRIATE MENTAL HEALTH PROVIDER PRIOR TO MAKING ANY HEALTH AND WELLNESS DECISIONS INCLUDING EMBARKING ON ANY TREATMENT REGIMENS OR ANY OTHER HEALTH- OR MENTAL HEALTH-RELATED PLANS.

USERS OF THIS WEB SITE ARE ADVISED TO RELY ON THEIR OWN TRAINING, EDUCATION AND EXPERIENCE, AND EXERCISE DUE DILIGENCE AND COMMON SENSE IN SELECTING A PRACTITIONER, PRODUCT OR SERVICE. GAY MEN'S COUNSELING SHALL HAVE NO LIABILITY WHATSOEVER FOR DIRECT OR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES RELATING IN ANY WAY TO THE USE OF INFORMATION PROVIDED BY GAY MEN'S COUNSELING OR ANY OF ITS ASSOCIATES, OR RESULTING FROM ANY DEFECTS OF FAILURE OF THIS INFORMATION. GAY MEN'S COUNSELING IS NOT RESPONSIBLE IN ANY WAY FOR THE CLAIMS MADE OR INFORMATION PROVIDED BY ITS ASSOCIATES.

ALL USERS SHOULD USE DISCRETION WHEN DEPARTING GAY MEN'S COUNSELING THROUGH LINKS FOUND ON THIS SITE. LINKS TO OTHER SITES ARE PROVIDED AS A CONVENIENCE TO VIEWERS. GAY MEN'S COUNSELING ACCEPTS NO RESPONSIBILITY FOR THE CONTENT OF LINKED SITES.

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND GAY MEN'S COUNSELING OR YOU AND A THIRD PARTY WITH RESPECT TO SUCH PARTY'S MATERIALS OR SERVICES, THIS SITE, AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THIS SITE, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, GAY MEN'S COUNSELING MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v)ANY DEFECTS IN THE SITE, ITS SERVICES, OR MATERIALS, WILL BE CORRECTED.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. GAY MEN'S COUNSELING MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND GAY MEN'S COUNSELING MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) GAY MEN'S COUNSELING DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE SITE; (ii) GAY MEN'S COUNSELING MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) GAY MEN'S COUNSELING SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. GAY MEN'S COUNSELING ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SERVICES OR MATERIALS OFFERED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GAY MEN'S COUNSELING OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.

International users
This Site can be accessed from countries around the world and may contain references to GAY MEN'S COUNSELING products, services, and programs that are not available in your country. These references do not imply that GAY MEN'S COUNSELING intends to announce such products, services, or programs in your country.

The Site is controlled, operated, and administered by GAY MEN'S COUNSELING from its offices within Canada. GAY MEN'S COUNSELING makes no representation that the Site, or the Services or Materials available through it, are appropriate or available for use at other locations outside Canada, and access to the Site from territories where the Site or any of its Services or Materials are illegal is prohibited. If you access the Site from a location outside Canada, you are responsible for compliance with all local laws.

Personal information and privacy
To learn about how GAY MEN'S COUNSELING protects your personal information, such as your name and address, refer to the GAY MEN'S COUNSELING Privacy Page and Online Privacy Page. Except as set forth in the Site and Online Privacy Policies or in the Terms of Use, your personal information will be deemed to be confidential. With the exception of certain types of User Content, any non-personal information or material sent to GAY MEN'S COUNSELING will generally be deemed to NOT be confidential. You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of GAY MEN'S COUNSELING or others, or as stated in our Privacy Policy.

LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL GAY MEN'S COUNSELING, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT GAY MEN'S COUNSELING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, ITS SERVICES, OR MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

Indemnity and liability
You agree to indemnify and hold GAY MEN'S COUNSELING, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to, or transmit through the Site (including, without limitation, any User Content or computer viruses), your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another person or entity.

Governing law and jurisdiction
This Site (excluding linked sites) is controlled by GAY MEN'S COUNSELING from its offices within the Province of British Columbia, Canada. By accessing this Site, you and GAY MEN'S COUNSELING agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the Province of British Columbia, without regard to the conflicts of laws principles thereof.

General
The Terms of Use and other rules, guidelines, licenses, and disclaimers posted on the Site constitute the entire agreement between GAY MEN'S COUNSELING and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by GAY MEN'S COUNSELING to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.