TERMS OF USE | spiritevolving

Your Use of the Web site – Permissions and Restrictions

Patricia Fields, PsyD (otherwise also referred to as Patrice Fields, PsyD, those two names both in this document and on the website and all emails being equivalent) hereby grants you permission to access and use the Web site as set forth in these Terms of Use, under the following conditions:

You agree to use the Web site for lawful purposes only. The Content is protected by copyright and other intellectual property laws under both United States and foreign laws, and contains proprietary information. Title to the Content remains with Patricia Fields, PsyD. Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Patricia Fields, PsyD. All rights not expressly granted herein are reserved to Patricia Fields, PsyD. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part.
Patricia Fields, PsyD authorizes you to view or download a single copy of the material made available on the Web site solely for your personal, noncommercial use, so long as you do not remove any copyright or other proprietary rights notices contained in the Content. Except as otherwise expressly permitted under copyright law, you agree not to engage in any copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express written permission of Patricia Fields, PsyD. In the event of any permitted copying, redistribution or publication of copyrighted material, you agree not to make any changes in or deletion of author attribution, trademark legend or copyright notice.
You agree not to alter or modify any part of the Web site.
You agree not to access or use the Web site for any commercial use without the prior written authorization of Patricia Fields, PsyD. Prohibited commercial uses include, but are not limited to, any of the following actions taken without Patricia Fields, PsyD express approval:
- posting on or transmitting through the Web site any material which contains advertising or any solicitation with respect to products or services;
- advertising or performing any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services that compete, directly or indirectly, with the Web site;
- selling of access to the Web site or its related services on another web site;
- using the Web site or its related services for the primary purpose of gaining advertising or subscription revenue; and/or
- any use of the Web site or its related services that Patricia Fields, PsyD finds, in its sole discretion, to be a use of Patricia Fields, PsyD’s resources or User Submissions to compete with or displace the market for Patricia Fields, PsyD, Patricia Fields, PsyD’s content..
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Web site in a manner that sends more request messages to the Patricia Fields, PsyD’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Web site. You also agree not to interfere with the servers or networks connected to the Web site or to violate any of the procedures, policies or regulations of networks connected to the Web site. Notwithstanding the foregoing, Patricia Fields, PsyD grants the operators of public search engines permission to use spiders to copy materials from the Web site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Patricia Fields, PsyD reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Web site, nor to use the communication systems provided by the Web site (e.g., comments, email, etc.) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Web site with respect to their User Submissions. Any conduct by you that in Patricia Fields, PsyD opinion restricts or inhibits any other user from using or enjoying the Web site will not be permitted.
In your use of the Web site, you will otherwise comply with these Terms of Use and all applicable local, national, and international laws and regulations. You agree not to post or transmit through the Web site any material which violates or infringes in any way upon the rights of others, which (in Patricia Fields, PsyD sole discretion) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, which gives rise to civil liability, or which otherwise violates any law or regulation.
You agree not to upload, post or otherwise make available on the Web site any material protected by copyright, trademark or other third party proprietary rights, including privacy and publicity rights, without the express permission of the owner of the copyright, trademark or other proprietary right, and the burden of determining that any material is not protected by copyright or other proprietary rights rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any such submission.
You agree not to impersonate any other person while using the Web site or conduct yourself in a vulgar or offensive manner while using the Web site. You agree that Patricia Fields, PsyD may reject any User Submissions for any reason, including, but not limited to, vulgarity or other offensive content, which determination shall be at Patricia Fields, PsyD’s sole discretion, or content protected by third party proprietary rights, including but not limited to copyright, trademark or publicity rights.
You agree that Patricia Fields, PsyD, should it accept a User Submission, may include that User Submission on the Web site for as long or as short a period of time as Patricia Fields, PsyD, at its sole discretion, chooses. Furthermore, you agree that Patricia Fields, PsyD may edit User Submissions.
You agree that Patricia Fields, PsyD shall have the right, but not the obligation, to monitor the content of the Web site and to remove any material that Patricia Fields, PsyD, in its sole discretion, finds to be in violation of the provisions herein or otherwise objectionable.
Patricia Fields, PsyD reserves the right to discontinue any aspect of the Web site at any time.

Risk Liability

You expressly agree that use of the web site is at your sole risk. To the fullest extent permitted by law, Patricia Fields, PsyD disclaims all representations and warranties, express or implied, in connection with the web site, the content and your use of or inability to use the same. Neither Patricia Fields, PsyD does not warrant that the web site will be uninterrupted, accurate, complete, timely, reliable or error free; nor does she make any warranty as to the results that may be obtained from use of the web site, or as to the accuracy or reliability of any information, service or merchandise provided through the web site. The web site is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, implied warranties of non-infringement of third party rights, merchantability or fitness for a particular purpose. Without limiting the generality of the foregoing, neither Patricia Fields, PsyD shall be liable or responsible for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting directly or indirectly from your access to and use of our web site, (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our web site, (v) any bugs, spiders, robots, viruses, trojan horses, or the like which may be transmitted to or through our web site, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the web site. Patricia Fields, PsyD does not warrant, endorse, guarantee, or assume responsibility for any product or service discussed, promoted, advertised, or offered by a third party through the Patricia Fields, PsyD web site or any hyperlinked web site or featured in any banner or other advertising, and Patricia Fields, PsyD will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

Disclaimer of Warranty

Reasonable efforts have been made to ensure the accuracy of information presented on the Web site, but the accuracy of this information cannot be guaranteed. The Web site, the Content, and any and all services or products promoted via the Web site are provided on an “as is” basis. The use of the Web site, the Content and any product or service discussed or promoted via the Web site is at your sole risk. When using the Web site, information will be transmitted over a medium that is beyond the control and jurisdiction of Patricia Fields, PsyD and its suppliers.While Patricia Fields, PsyD receives commission fees or purchase discounts in many cases, she does not control the manufacture or formulation of the products, nor does it control any statements about products other than those on the Web site.

Limitation on Liability of Patricia Fields, PsyD

If you are dissatisfied with the Web site, any information found thereon, or with any of these Terms of Use or the Privacy Policy, your sole and exclusive remedy is to discontinue using the Web site. Patricia Fields, PsyD assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with the use of the Web site.

IN NO EVENT SHALL Patricia Fields, PsyD, BE LIABLE FOR ANY DAMAGES OR LOSS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF OR RESULTING FROM YOUR POSSESSION, ACCESS OR USE OF THE WEB SITE OR THE INFORMATION OR MATERIALS PROVIDED THEREIN, INCLUDING, BUT NOT LIMITED TO, LIABILITY ARISING FROM YOUR RELIANCE ON THE CONTENTS OF THE WEB SITE OR ANY AFFILIATED SITES, ERRORS IN THE CONTENT, DATA LOSS OR CORRUPTION, OR SOFTWARE OR HARDWARE DAMAGE, REGARDLESS OF THE BASIS OF SUCH LIABILITY. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, BUG, TROJAN HORSE, ROBOT, SPIDER OR THE LIKE, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS WEB SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT PATRICIA FIELDS, PSYD 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 YOU. THIS WEB SITE IS CONTROLLED AND OFFERED BY PATRICIA FIELDS, PSYD FROM ITS OFFICES IN THE UNITED STATES OF AMERICA, AND PATRICIA FIELDS, PSYD MAKES NO REPRESENTATIONS THAT THE PATRICIA FIELDS, PSYD WEB SITE IS APPROPRIATE OR AVAILABLE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE PATRICIA FIELDS, PSYD WEB SITE FROM OTHER JURISDICTIONS DO SO ON THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

IF, NOTWITHSTANDING THE PRECEDING PARAGRAPH, PATRICIA FIELDS, PSYD ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS IS FOUND LIABLE FOR ANY LOSS OR DAMAGE RELATING TO YOUR USE OF THIS WEB SITE OR PURCHASE OF ANY PRODUCTS OR SERVICES THROUGH THIS WEB SITE, YOU AGREE THAT THE AGGREGATE LIABILITY OF SUCH PARTIES SHALL IN NO EVENT EXCEED $0.

The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain warranties. Any claims arising in connection with your use of the Web site or any Content must be brought within one (1) year of the date of the event giving rise to such claim. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.

Indemnification

You agree to defend, indemnify and hold harmless Patricia Fields, PsyD from and against any and all claims, actions, obligations, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees and disbursements) arising out of or relating to: (i) your use of the Web site and/or any information, services and/or goods purchased or provided via the Web site; (ii) your violation of these Terms of Use; (iii) your violation of any third party right, including but not limited to any copyright, property or privacy right; and/or (iv) any claim that any of your User Submissions caused damage to a third party. The obligations under this Section will survive these Terms of Use and your use of the Web site.

Advertisements, Product/Service Promotions and Links to Other Sites

Patricia Fields, PsyD discusses certain products and/or services of third parties on the Web site. In many cases the third-party product and/or service provider will pay Patricia Fields, PsyD a referral fee for purchases made by individuals that are referred to it by Patricia Fields, PsyD. As noted above, Patricia Fields, PsyD makes no representations or warranties regarding the effects or efficacy of these products and/or services, and your use of any product or service that is discussed or promoted via the Web site is at your own risk and is subject to these Terms of Use. Some of the hyperlinks on the Web site may lead to other web sites that are not controlled by, or affiliated with, Patricia Fields, PsyD. In addition, other web sites may link to the Web site. Unless expressly stated, Patricia Fields, PsyD has not reviewed or endorsed those web sites, has no control over those web sites and is not responsible for the content or privacy policies, or practices of any third party web sites. In addition, Patricia Fields, PsyD will not and cannot censor or edit the content of any third-party web site. By using the Web site, you expressly relieve Patricia Fields, PsyD from any and all liability arising from your use of any third-party web site that you visit through the Web site. Accordingly, we encourage you to be aware when you leave the Web site and to read the terms and conditions and privacy policy of each other web site that you visit.

Intellectual Property Notice

All content on the Web site, including, without limitation, all newsletters, e-newsletters and other materials distributed via the Web site, are owned by Patricia Fields, PsyD and are protected by U.S. and international copyright, trademark and other intellectual property laws. All rights in and to such content is reserved. Reproduction of any content, in whole or in part, without permission is prohibited.