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Please note that this document is based partly upon the Terms of Service produced by Automattic, Inc., which was released under the discontinued Creative Commons Share alike license; therefore, this document itself is released under the Creative Commons Attribution-Share Alike 3.0 license. This document may be found at MyTherapist.com.  You are welcome to create derivative works or repurpose this document for your own projects, under the proviso that you provide a working hyperlink from your version to the version at MyTherapist.com.

 

Terms of Service:

 

The following terms and conditions govern all use of the Taylord-Life.com website and all content, services and products available at or through the Website, including, but not limited to, the Taylord-Life.com Life Coaching Services and Counselling Services.

 

The Website, Taylord-Life.com, is owned and operated by A Taylor’d Life which is a company registered in Canada. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Website by A Taylor’d Life, (collectively, the “Agreement”).

 

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by A Taylor’d Life, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 16 years old.

 

1.    Content Provided by Therapists.  A Taylor’d Life, provides the overall design and ‘look and feel’ of Taylord-Life.com, but the written content of pages within a given therapist’s section is provided by that therapist. If you have signed up for Taylord-Life.com Counselling Services and post or submit any material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that content. That is the case regardless of whether the Content in question constitutes text, graphics, or other types of material. By making Content available, you represent and warrant that:

·         the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;

·         if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;

·         You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;

·         the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;

·         the Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party Websites or boost the search engine rankings of third party Websites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);

·         The Content is not obscene, libellous or defamatory (more info on what that means), hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party;

·          your Content is not presented in a manner that misleads your readers into thinking that you are another person or company;

·         and you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by A Taylor’d Life, Ltd., or otherwise.

 

A Taylor’d Life, does not claim ownership of content provided by therapists.   However, with respect to content which you submit or make available for publication on Taylord-Life.com, you grant A Taylor’d Life, a worldwide, royalty-free, nonexclusive, perpetual, irrevocable, and fully sub licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such content (in whole or in part) and to incorporate such content into other materials or works in any format or medium now known or later developed.

 

Without limiting any of those representations or warranties, A Taylor’d Life, has the right (though not the obligation) to, in A Taylor’d Life, sole discretion (i) refuse or remove any content that, in A Taylor’d Life, reasonable opinion, violates any A Taylor’d Life, policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in A Taylor’d Life, sole discretion, in accordance with the provisions for termination described elsewhere within this document.

2.    Fees and Payment. Optional Therapist Membership Services are available to qualified mental health practitioners. No other paid services are available from Taylord-Life.com. The services of individual mental health practitioners promoted on Taylord-Life.com maybe contracted for solely via those practitioners, and neither Taylord-Life.com nor A Taylor’d Life, will be involved in any way with the establishment of contracts for mental health services, including but not limited to psychiatry, psychology, psychotherapy, and counselling.

3.    Responsibility of Website Visitors. A Taylor’d Life has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, A Taylor’d Life does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that some individuals may find objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that involves the intellectual property or other proprietary rights of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. A Taylor’d Life disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

4.    Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages to which Taylord-Life.com links, and that link to Taylord-Life.com. A Taylor’d Life does not have any control over those non- Taylord-Life.com websites and webpages, and is not responsible for their contents or their use. By linking to a non-Taylord-Life.com website or webpage, A Taylor’d Life   does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. A Taylor’d Life  disclaims any responsibility for any harm resulting from your use of non- Taylord-Life.com websites and web pages.

5.    Copyright Infringement. If you believe that material located on or linked to by Taylord-Life.com violates your copyright, you are encouraged to notify A Taylor’d Life.

6.    Intellectual Property. This Agreement does not transfer from A Taylor’d Life, Ltd., to you any A Taylor’d Life, or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with A Taylor’d Life. A Taylor’d Life, Taylord-Life.com, the Taylord-Life.com logo, and all other trademarks, service marks, graphics and logos used in connection with Taylord-Life.com, or the Website are trademarks or registered trademarks of A Taylor’d Life, or A Taylor’d Life, licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any A Taylor’d Life, or third-party trademarks.

7.    Changes. A Taylor’d Life reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. A Taylor’d Life may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

8.    Termination.  A Taylor’d Life  may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Taylord-Life.com Membership Services account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

9.    Disclaimer of Warranties. The Website is provided “as is”. A Taylor’d Life  and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.  Neither A Taylor’d Life  nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

10.  Limitation of Liability.  In no event will A Taylor’d Life  or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement of substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to A Taylor’d Life  under this agreement during the 30 day period prior to the cause of action. A Taylor’d Life  shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

11.  General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from North America or from the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third-party.

12.  Indemnification. You agree to indemnify and hold harmless A Taylor’d Life  its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of (or association with) the Website, including but not limited to those arising out of your violation this Agreement.

13.  Miscellaneous. This Agreement constitutes the entire agreement between A Taylor’d Life and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of A Taylor’d Life  or by the posting by A Taylor’d Life  of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of Canada, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts of Canada. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may not assign your rights under this Agreement to any third party; A Taylor’d Life   may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

 This page was last reviewed by S C Taylor, November 9, 2016.

Terms and Conditions