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Terms of Service

Disclaimer

All sessions, groups, and classes available through WisdomNet are for self-help and educational purposes only and are not professional therapy or health-care.

If you find that the support available through WisdomNet is not enough to meet your needs, seek professional medical, psychological, or counseling services. In the event of an emergency, call your physician or emergency services (911 in the United States) immediately.

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Acceptance Of Terms

WisdomNet provides the information on this Web site as provided in these Terms of Service ("TOS"). WisdomNet may update the TOS at any time and without prior notice by posting a new version at wisdomnet.com/terms. The information on this site and your use of it are subject to the most recent version of the TOS posted.

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Description Of Service

WisdomNet provides you with access to facilitated groups, online training, communication capabilities between members, and a variety of other services (“WisdomNet Services”). Unless explicitly stated otherwise, any new features that augment or enhance the current WisdomNet Service shall be subject to the TOS.

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Wisdom Sessions

WisdomNet provides support for you to connect with other community members in Wisdom Sessions, which are peer-support conversations either by phone, in-person, instant messaging, audio or video conferencing, SMS or any communication technology.

You are responsible for taking care in choosing your Wisdom Session partners, and you are also responsible for taking care of your needs during a Wisdom Session. WisdomNet is not responsible for any consequences of your participation in Wisdom Sessions.

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Your Registration Obligations

In consideration of your use of WisdomNet Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to:

  1. provide true, accurate, current and complete information about yourself as prompted by WisdomNet’s registration form (the "Registration Data")

  2. maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

If you provide any information that is untrue, inaccurate, not current or incomplete, or WisdomNet has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, WisdomNet has the right to suspend or terminate your account and refuse any and all current or future use of the WisdomNet Services (or any portion thereof).

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Privacy Policy

Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at wisdomnet.com/privacy.

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Conduct

You understand that all information, data, text, software, graphics or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not WisdomNet, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the WisdomNet Service.

WisdomNet does not control the Content posted via the WisdomNet Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will WisdomNet be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or 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 WisdomNet Service. You agree to not use the WisdomNet Service to:

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  1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or harm minors;

  2. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

  3. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the WisdomNet Service;

  4. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or other relationships

  5. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

  6. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," or any other form of solicitation;

  7. upload, post, email, transmit or otherwise make available 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;

  8. upload, post, email, transmit or otherwise make available 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;

  9. disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users' ability to engage in discussions or exchanges;

  10. interfere with or disrupt the WisdomNet Service or servers or networks connected to the WisdomNet Service, or disobey any requirements, procedures, policies or regulations of networks connected to the WisdomNet Service;

  11. intentionally or unintentionally violate any applicable local, state, national or international law,

  12. "stalk" or otherwise harass another; and/or

  13. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs above.

 

You acknowledge that WisdomNet may or may not pre-screen Content, but that WisdomNet and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, move, or remove any Content that is available via the WisdomNet Service and which violates the TOS.

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You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

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You acknowledge, consent and agree that WisdomNet may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of WisdomNet its users and the public.

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Content Made Available For Inclusion On the WisdomNet Service

With regard to any content you submit or make available for inclusion on the publicly-available area of WisdomNet, you irrevocably grant WisdomNet the perpetual, worldwide, royalty-free and non-exclusive license, with the right to sublicense through multiple tiers of sublicensees, to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content, in whole or in part, on the WisdomNet Service or other publications by WisdomNet in any media whether now existing or which come into the existence into the future.

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Indemnity

You agree to indemnify and hold WisdomNet and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including but not limited to reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the WisdomNet Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

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Modifications to WisdomNet Service

You acknowledge that WisdomNet may establish general practices and limits concerning use of the WisdomNet Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the WisdomNet Service. You further acknowledge that WisdomNet reserves the right to modify these general practices and limits from time to time. WisdomNet reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the WisdomNet Service (or any part thereof) with or without notice. You agree that WisdomNet shall not be liable to you or to any third party for any modification, suspension or discontinuance of the WisdomNet Service.

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Termination

You agree that WisdomNet may terminate your access to the WisdomNet Service for violations of the TOS and/or requests by authorized law enforcement or other government agencies.

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Links

The WisdomNet Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because WisdomNet has no control over such sites and resources, you acknowledge and agree that WisdomNet is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that WisdomNet shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

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DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE WisdomNet SERVICE IS AT YOUR SOLE RISK. WisdomNet SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WisdomNet AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WisdomNet AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES AND LICENSORS MAKE NO WARRANTY THAT (i) THE WisdomNet SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE WisdomNet SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE and (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WisdomNet SERVICE WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WisdomNet OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

LIMITATION OF LIABILITY

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YOU EXPRESSLY UNDERSTAND AND AGREE THAT WisdomNet AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WisdomNet HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THE WisdomNet SERVICE.

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Notice And Procedure For Making Claims Of Copyright Infringement

WisdomNet respects the copyright of others, and we ask our users to do the same. WisdomNet may, in appropriate circumstances and at its discretion, disable and/or terminate the access of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide WisdomNet’s Copyright Agent the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright

  2. a description of the copyrighted work that you claim has been infringed

  3. a description of where the material that you claim is infringing is located on the site

  4. your address, telephone number, and email address

  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law

  6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

WisdomNet’s Agent for Notice of claims of copyright infringement can be reached by emailing copyright@wisdomnet.com

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Entire Agreement

The TOS constitutes the entire agreement between you and WisdomNet and governs your use of the WisdomNet Service, superseding any prior agreements between you and WisdomNet with respect to the WisdomNet Service.

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Choice of Law and Forum

The TOS and the relationship between you and WisdomNet shall be governed by the laws of the State of Massachusetts without regard to its conflict of law provisions. You and WisdomNet agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Middlesex, Massachusetts.

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Waiver and Severability of Terms

The failure of WisdomNet to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

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Attribution

This Terms of Service has been adapted from The Open Source Initiative Terms of Service under a Creative Commons Attribution 2.5 License.   

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