Terms of Use

 

PLEASE READ THESE TERMS AND CONDITIONS BEFORE ACCESSING OUR WEBSITE

 

This page states the "Terms of Use" under which you may use this website, which is an interactive on-line service operated by Lev Le'Lev Counseling Center. (“us”), consisting of information services and content provided by us and other third parties (the “Site”). These Terms of Use include the Site Privacy Policy and form a binding agreement between you and Lev Le'Lev Counseling Center. Your access to or use of the Site indicates your acceptance of these Terms of Use.

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1) Acceptable Use. This Site is intended to provide users with general information. We do not recommend or endorse any specific professionals, tests, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by us, our employees, others appearing on the Site at our invitation or other visitors to the Site is solely at your own risk. Your use of the Site is a privilege.

 

2) Rules of Conduct. We are the sole interpreter of the Site rules of conduct described in these Terms of Use. Users who violate these rules may have their access and use of the Site suspended or terminated at our discretion. We may at any time take any action with regard to user materials that we deem in our sole discretion to be necessary or appropriate.

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3) Security Rules:

i) Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (1) accessing data not intended for such user or logging into a server or account which the user is not authorized to access; (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mailbombing" or "crashing"; (4) sending unsolicited e-mail, including promotions and/or advertising of products or services; (5) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. 

ii) Violation of these Security Rules may result in civil or criminal liability. We will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

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ii) We will assign a user name and password to you. You may not share your account, user name or password with anyone else, and you will be responsible for the actions of anyone who obtains your user name and/or password and uses them to access the Site. You must notify us immediately of any unauthorized use of your user name and password. 

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4) Disclaimer.

a) We make no representations or warranties whatsoever regarding the Site and any materials on the Site.  NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF SERVICE OR ELSEWHERE, THE SITE IS PROVIDED ON AN “AS IS” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY OF NON-INFRINGEMENT AND ANY IMPLIED WARRANTY OF MERCHANTABILITY. WE MAKE NO WARRANTY ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SITE. WE MAKE NO WARRANTY THAT THE SITE’S SERVICE WILL BE UNINTERRUPTED, THE SITE’S FUNCTIONS SHALL BE ERROR-FREE OR, THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

b) The Site is not intended to be a substitute for professional advice. Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through the Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content. Never disregard professional advice, including medical advice, or delay in seeking it, because of something you have read on this Site.

d) Our bloggers who post articles to our Site are not employed by us or Lev Le'Lev Counseling.  Each blogger is solely responsible for the content of his or her articles. Each blogger owns the copyright to the articles they upload. We do not undertake responsibility for screening or monitoring our bloggers’ materials. The opinions expressed by the bloggers are their own and are not our opinions or endorsed by us.

e) Further, we explicitly disclaim any responsibility for the accuracy, content or availability of information found on a site that links to or from the Site (a "third-party site"). We may offer links to, or incorporate into the Site, third-party sites that offer various products and/or services. We cannot ensure that users will be satisfied with any products or services that are purchased from such a third-party site, since such sites are owned and operated by others. We do not endorse any of such products or services, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in any third party sites. We do not make any representations or warranties as to the security of any information (including credit card and other personal information) users might be requested to give a third-party site. We strongly encourage users to make their own investigation of third-party sites before proceeding with any transaction with such third parties.

f) We do not endorse, and nothing on the Site shall be deemed to be an endorsement, representation or warranty of, any third party (including our directory members, users and bloggers), whether in relation to such third party’s products, services, websites, experience or background or otherwise. We do not make any representations or warranties with regard to any materials posted by our users, directory members or bloggers. The information in our directories is provided exclusively by participating professionals.

ii) That the professional's license, if applicable, is valid within the state in which he or she practices.

iii) That the professional is not subject to any license strictures preventing practice.

We verify the information at the time a professional is initially listed in our directory and then upon expiration of the professional's credentials.

g) Some of the material on this Site may be provided by Lev Le'Lev Counseling. You accept that Lev Le'Lev Counseling disclaims all warranties and limits all liability arising in connection with this Site to the same extent and in the same manner as we do in these Terms of Use. You expressly agree that Lev Le'Lev Counseling. may rely on your acceptance of such disclaimers and limits.

h) Your use of the Site, the Internet, any materials you post or access via our Site and your conduct online or offline are at your own risk.

5) Indemnification. You shall indemnify and defend us, and our officers, employees, consultants and trainers against any costs, expenses (including reasonable attorneys' fees whether arising out of a third-party claim or in enforcing this indemnification), claims, judgments, settlements and damages (including all damages awarded to third parties payable by us, but in all cases only our direct damages) arising out of, or related to, your use of the Site, any materials posted to the Site or provided to other users by you or any violation of these Terms of Use.

6) Limits of Liability. 

A) NEITHER WE, NOR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WILL BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES (“NON-DIRECT DAMAGES”), OF ANY CHARACTER, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

B) THE LIABILITY OF US AND ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS TO YOU OR TO ANY OTHER PERSON FOR DIRECT DAMAGES SHALL BE LIMITED TO THE GREATER OF US$100 OR THE FEES PAID BY YOU FOR OUR SERVICES DURING THE 12 MONTHS PRECEDING THE EVENTS THAT GIVE RISE TO YOUR FIRST CLAIM AGAINST US FOR DAMAGES.

C) BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NON-DIRECT DAMAGES, THE LIMITATIONS IN PARAGRAPH (A) ABOVE MAY NOT APPLY TO YOU, BUT IN SUCH CASE, THE LIMITATIONS IN PARAGRAPH (B) SHALL APPLY TO BOTH DIRECT AND NON-DIRECT DAMAGES.

7. We respect the rights of all copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please let us know levlelevcenter@gmail.com

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8) Governing Law and Jurisdiction/Waiver of Jury Trial. These Terms of Use and any claim or dispute arising out of, relating to or in connection with these Terms of Use or the transactions contemplated hereby, whether in contract, tort or otherwise, shall be governed by and construed in accordance with the laws of the State of California without giving effect to its conflicts of law principles.  Each party irrevocably consents and agrees that any legal action, suit or proceeding against either of them arising out of, relating to or in connection with the transaction contemplated hereby or disputes relating hereto may be brought only in EACH PARTY WAIVES TO THE FULLEST EXTENT PERMITTED BY LAW ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT OR PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING UNDER, RELATING TO OR IN CONNECTION WITH THESE TERMS OF USE.

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9) Amendment. We may change these Terms of Use, including the Site Privacy Policy, at any time. We will post notification of changes on the Site and e-mail them to registered users. Your continued use of the Site after the posting on the Site of any changes (whether or not you have also received notice by email) indicates your acceptance of such changes.

10) General. We and you are independent contractors of each other. Neither party shall be deemed in default for failure to comply with any provision hereof, if such failure results from acts or events beyond its reasonable control, other than payment of money. If any provision of these Terms of Use is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision. All provisions of these Terms of Use, except provisions that grant you access to or use of the Site, shall survive the termination of the agreement between us and you. These Terms of Use shall be binding upon the parties, their legal representatives, successors and permitted assigns, but may not be assigned by you. Except as may be expressly stated in any other written agreement signed by you and us, these Terms of Use, including the Site Privacy Policy (as amended from time to time by us as provided in these Terms of Use) contain the entire understanding between you and us and supersede any prior agreement between you and us, whether written or oral.

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