USAGE AGREEMENT

as revised July 1, 2001

PSYCHOLOGICAL ASSOCIATES, P.A. provides this Web site and the services associated therewith subject to compliance with the notices, terms, and conditions set forth below and elsewhere on this Web site (including but not limited to the "Medical Disclaimer" contained elsewhere on this Web site). BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE PROVISIONS OF SUCH NOTICES, TERMS, AND CONDITIONS. You also agree that you have read and consent to the terms of our Terms of Services and Medical Disclaimer. IF YOU DO NOT WISH TO BE BOUND, YOU MAY NOT ACCESS OR USE THIS WEB SITE.

We reserve the right to update or change this Usage Agreement at any time and for any reason by posting a revised version on the psyassociates.com web site; therefore, we recommend you periodically visit this page and print the latest version of the Usage Agreement for your records. For your information, the date of the last update to this Usage Agreement is stated at the top of this document.

 

DISCLAIMER OF MEDICAL LIABILITY

(Medical Disclaimer)

 

 

 

 

 

 

 

 

TERMS OF SERVICE

1. LEGAL NOTICES (Disclaimers):

ALL INFORMATION, PRODUCTS, MATERIALS, AND SERVICES CONTAINED ON THIS WEB SITE, OR PROVIDED THROUGH THIS WEB SITE, INCLUDING ALL TEXT, GRAPHICS, LINKS, ANIMATION, JAVA SCRIPT, AND COOKIES ARE PROVIDED ON AN "AS-IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PSYCHOLOGICAL ASSOCIATES, P.A., PHYSICIAN MEMBERS OF THE PSYCHOLOGICAL ASSOCIATES, P.A. NETWORK, AND PSYCHOLOGICAL ASSOCIATES, P.A. SUPPLIERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS STRAINS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

PSYCHOLOGICAL ASSOCIATES, P.A. MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS WITH REGARD TO THE CONTENT CONTAINED ON THIS WEB SITE OR THE PRODUCTS OR SERVICES SOLD OR ADVERTISED HEREIN.

PSYCHOLOGICAL ASSOCIATES, P.A. MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY TREATMENT, ACTION, OR APPLICATION OF MEDICATION OR PREPARATION BY ANY PERSON FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH PSYCHOLOGICAL ASSOCIATES, P.A. OR BY ANY PHYSICIAN MEMBER OF THE PSYCHOLOGICAL ASSOCIATES, P.A. 

PSYCHOLOGICAL ASSOCIATES, P.A. DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION, MATERIALS, AND SERVICES PROVIDED ON THIS WEB SITE ARE ACCURATE, RELIABLE, COMPLETE, OR CURRENT.

 
1.1. Limitation of Liability: IN NO EVENT SHALL PSYCHOLOGICAL ASSOCIATES, P.A., NOR ANY OF ITS MEMBERS, MANAGERS, EMPLOYEES, SUPPLIERS, OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF (i) THE PURCHASE PRICE FOR THE PRODUCT OR SERVICE AT ISSUE, OR (ii) IN THE EVENT NO PURCHASE PRICE WAS PAID OR REQUIRED, $1.00.

IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PSYCHOLOGICAL ASSOCIATES, P.A., NOR ANY OF ITS MANAGERS, EMPLOYEES, OR OTHER REPRESENTATIVES BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF SERVICE OR LOSS OF DATA, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE OR ANY SERVICE OFFERED THROUGH THIS WEB SITE OR ANY MATERIAL OR INFORMATION CONTAINED IN, ACCESSED THROUGH, OR PRODUCTS PURCHASED ON THIS WEB SITE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF PSYCHOLOGICAL ASSOCIATES, P.A. IS ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF THE SAME.

YOU ACKNOWLEDGE AND AGREE THAT PAYMENT BY PSYCHOLOGICAL ASSOCIATES, P.A. OR RETENTION BY YOU OF DIRECT DAMAGES, AS LIMITED BY THE FOREGOING SENTENCES, IS YOUR SOLE AND EXCLUSIVE REMEDY IN EXHAUSTION OF ALL OTHER REMEDIES UNDER THESE TERMS OF SERVICE, AT LAW OR IN EQUITY, AND THAT SUCH REMEDY IS NOT DEEMED OR ALLEGED BY YOU TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT IS PSYCHOLOGICAL ASSOCIATES, P.A. LIABLE FOR ANY DAMAGES CAUSED BY YOUR OR ANY THIRD PARTY'S ACTS OR OMISSIONS.

ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THIS WEB SITE OR ANY SERVICE, PRODUCT OR INFORMATION OFFERED OR PURCHASED THROUGH THIS WEB SITE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION.

WHEN USING THE PSYCHOLOGICAL ASSOCIATES, P.A. SERVICES, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM THAT IS BEYOND THE CONTROL AND JURISDICTION OF PSYCHOLOGICAL ASSOCIATES, P.A. AND ITS SUPPLIERS. ACCORDINGLY, PSYCHOLOGICAL ASSOCIATES, P.A. ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE PSYCHOLOGICAL ASSOCIATES, P.A. SERVICES.

1.2. Certain Jurisdictions: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, the above disclaimers and limitations may not apply to you if you reside in such a jurisdiction. You may also have other legal rights that vary from state to state.

2. INTELLECTUAL PROPERTY

 
2.1. Copyrights: All of the content of this Web site, including text, art, graphics, logos, button icons, images, pictures, audio clips, and software is the property of PSYCHOLOGICAL ASSOCIATES, P.A., our members, partners, or content providers and is protected by U.S. and international copyright laws. Except as granted in the limited license below, any other use of such content, including modification, transmission, presentation, distribution, or republication is prohibited without the express prior written consent of PSYCHOLOGICAL ASSOCIATES, P.A..

2.2. Trademarks: All trademarks, trade names, logos, brand names, and service marks of PSYCHOLOGICAL ASSOCIATES, P.A., whether registered or unregistered, are the property of PSYCHOLOGICAL ASSOCIATES, P.A. and are protected by U.S. and international trademark laws. Except as granted in the limited license below, any use of these assets is prohibited without the express prior written consent of PSYCHOLOGICAL ASSOCIATES, P.A.. In no event may any such assets be used in connection with any product or service that is not PSYCHOLOGICAL ASSOCIATES, P.A.'s, in any manner that is likely to cause confusion or in any manner that disparages or discredits PSYCHOLOGICAL ASSOCIATES, P.A.. All other trademarks, trade names, brand names, company names and/or logos appearing on this Web site are the property of their respective owners.

2.3. Patents: All patents and patent applications of PSYCHOLOGICAL ASSOCIATES, P.A. are the property of PSYCHOLOGICAL ASSOCIATES, P.A. and are protected by U.S. and international patent laws. Any use of these patented or patentable assets is prohibited without the express prior written consent of PSYCHOLOGICAL ASSOCIATES, P.A..

2.4. Limited License: PSYCHOLOGICAL ASSOCIATES, P.A. authorizes you to download the material on this Web site solely for your personal, non-commercial use. If you violate any provision of these Terms of Service, your permission to use such material automatically terminates and you must immediately destroy any copies you have made of any portion of such material.

2.5. Restrictions on Use: As a condition to your use of the PSYCHOLOGICAL ASSOCIATES, P.A. Web site and services, you agree you will not: (i) use the PSYCHOLOGICAL ASSOCIATES, P.A. Web site or services to infringe the intellectual property rights of others in any way; (ii) use the PSYCHOLOGICAL ASSOCIATES, P.A. Web site or services, or attempt to penetrate, modify or manipulate the PSYCHOLOGICAL ASSOCIATES, P.A. Web site or services or any of the hardware or software thereof, in order to: invade the privacy of, obtain the identity of, or obtain any personal information about any other user of the PSYCHOLOGICAL ASSOCIATES, P.A. Web site or services that is not otherwise deliberately made available through the PSYCHOLOGICAL ASSOCIATES, P.A. Web site or services, or modify, erase or damage any information contained on the computer of any user connected to the PSYCHOLOGICAL ASSOCIATES, P.A. Web site or services; or (iii) reverse engineer any portion of the PSYCHOLOGICAL ASSOCIATES, P.A. Web site or services. This Web site or any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purposes that is not expressly permitted by PSYCHOLOGICAL ASSOCIATES, P.A..

2.6. Termination: PSYCHOLOGICAL ASSOCIATES, P.A. reserves the right to refuse service and terminate accounts, including, but not limited to, if PSYCHOLOGICAL ASSOCIATES, P.A. believes user conduct violates applicable law or is harmful to the interests of PSYCHOLOGICAL ASSOCIATES, P.A., its members, partners, suppliers, or other users, or for any other reason at PSYCHOLOGICAL ASSOCIATES, P.A.'s sole discretion, with or without cause.

2.7. Third-Party Licenses: You agree that you will not upload or transmit any communication or content of any type that infringes or violates any rights of any party.

3. Secure Messaging

Secure Messaging is an optional, Internet-based service that provides a platform for asynchronous, encrypted, provider-patient communications. The suite of PSYCHOLOGICAL ASSOCIATES, P.A. services you are currently utilizing may or may not include Secure Messaging.

Nothing contained within the Secure Messaging service is intended to inform, direct, or augment diagnosis and treatment. You should call or visit your healthcare provider with any urgent or emergent healthcare needs. Secure Messaging is not to be used with time-sensitive, high-risk healthcare procedures.

PSYCHOLOGICAL ASSOCIATES, P.A. is not responsible for reliability or timeliness of responses between you and your provider.

To ensure that your account is not used inappropriately, please be sure to maintain the confidentiality of your User ID and password.

PSYCHOLOGICAL ASSOCIATES, P.A. and the PSYCHOLOGICAL ASSOCIATES, P.A. Secure Messaging service are not responsible for the long-term electronic storage of healthcare information. You may not use Secure Messaging for any use other than provider-patient communications related to the delivery of individual healthcare information. Secure Messaging is to be used only by persons who are legally recognized as adults, or by an adult who is responsible for the healthcare of others.

4. Electronic Newsletters

PSYCHOLOGICAL ASSOCIATES, P.A., from time to time, electronically transmits newsletters and other content services to subscribers who explicitly register for these services. The Content of these newsletters is not a substitute for medical advice: THE PSYCHOLOGICAL ASSOCIATES, P.A. NEWSLETTERS ARE NOT INTENDED TO, AND DO NOT, PROVIDE MEDICAL ADVICE DIAGNOSIS OR TREATMENT. All content, including text, graphics, images, and information ("Content") are for general informational purposes only. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE, OR DELAY IN SEEKING IT, BECAUSE OF SOMETHING YOU HAVE READ IN THESE CONTENT RESOURCES. NEVER RELY ON INFORMATION IN THESE NEWSLETTERS IN PLACE OF SEEKING PROFESSIONAL MEDICAL ADVICE.

PSYCHOLOGICAL ASSOCIATES, P.A. does not recommend or endorse any specific tests, products, procedures, opinions, physicians, clinics, or other information that may be mentioned or referenced in any newsletter or other content resource.

All of these content resources are intended for the education of and use of adults only, and is not intended for presentation directly to children. PSYCHOLOGICAL ASSOCIATES, P.A., its licensors, and its suppliers are not responsible for disclosures of Content to children.

5. NOTICES OF ALLEGED INFRINGEMENT OF COPYRIGHT

PSYCHOLOGICAL ASSOCIATES, P.A. respects copyright law and expects our users to do the same. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holder's rights. PSYCHOLOGICAL ASSOCIATES, P.A. will terminate the accounts of users who are repeat infringers of the copyrights, or other intellectual property rights, of others. In addition, PSYCHOLOGICAL ASSOCIATES, P.A. reserves the right to terminate the account of a user upon any single infringement of the rights of others in conjunction with use of the PSYCHOLOGICAL ASSOCIATES, P.A. Web site or services.

In accordance with the Digital Millennium Copyright Act of 1998 (the text of which may be found on the U.S. Copyright Office Web site), PSYCHOLOGICAL ASSOCIATES, P.A. will respond expeditiously to claims of copyright infringement committed using the PSYCHOLOGICAL ASSOCIATES, P.A. service that are reported to PSYCHOLOGICAL ASSOCIATES, P.A.'s legal counsel (see contact information below). If you are a copyright owner, or authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, please report your notice of infringement by completing the following notice form and delivering it to PSYCHOLOGICAL ASSOCIATES, P.A.'s legal counsel:

 

NOTICE OF ALLEGED INFRINGEMENT OF COPYRIGHT

 

  1. Identity of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by this Notice, a representative list of the copyrighted works that you claim have been infringed using the PSYCHOLOGICAL ASSOCIATES, P.A. Web site or services:

     

  2. Identification of the material that you claim is infringing:

     

  3. Your street or mailing address, telephone number, and, if available, e-mail address:

     

  4. I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law, i.e., fair use.

     

  5. I hereby state that the above information in this Notice is accurate, and under penalty of perjury, that I am the copyright owner, or authorized to act on behalf of the owner of the copyright or of any exclusive right under the copyright.

     

  6. Electronic or physical signature of the copyright owner or of a person authorized to act on behalf of the owner of the copyright or of any exclusive right under the copyright:
Full legal name:_______________________________

All claims of copyright infringement should be delivered to:

Legal Counsel
PSYCHOLOGICAL ASSOCIATES, P.A.
600 East Government Street
Pensacola, FL 32501
6. GENERAL LEGAL PROVISIONS

 
6.1. Governing Law and Jurisdiction: These Terms of Service will be governed by Florida law for all purposes, including Web site and services use and product purchases, without regard to or application of choice of law rules or principles. You hereby consent to the jurisdiction and venue of the courts of Florida.

6.2. Third-Party Links: PSYCHOLOGICAL ASSOCIATES, P.A. does not endorse the content on any third-party Web sites. PSYCHOLOGICAL ASSOCIATES, P.A. is not responsible for the content or result of any dealings with third parties who advertise on this site. Your use of third-party Web sites is at your own risk and subject to the terms and conditions of use for such Web sites. PSYCHOLOGICAL ASSOCIATES, P.A. does not endorse any product advertised on this Web site nor does PSYCHOLOGICAL ASSOCIATES, P.A. endorse manufacturer or other claims about the efficacy of these products.

6.3. Export Laws: The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations, including but not limited to the Export Administration Act and the Arms Export Control Act, and not to transfer, by electronic transmission or otherwise, any materials or information derived from the Web site to either a foreign national or a foreign destination in violation of such laws.

6.4. Indemnification: You agree to indemnify, defend, and hold harmless PSYCHOLOGICAL ASSOCIATES, P.A., its officers, directors, employees, agents, licensors, suppliers, and affiliates from and against any claims, actions or demands, liabilities, and settlements, including but not limited to, reasonable legal and accounting fees resulting from, or alleged to result from, your violation of these Terms of Service or any activity related to your account (including infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing PSYCHOLOGICAL ASSOCIATES, P.A. using your account.

6.5. International Laws: PSYCHOLOGICAL ASSOCIATES, P.A. is based in the State of Florida in the United States of America. PSYCHOLOGICAL ASSOCIATES, P.A. makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the PSYCHOLOGICAL ASSOCIATES, P.A. content and services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

6.6. Entire Agreement: These Terms of Service and all other legal notices (including but not limited to the Privacy Policy) posted by PSYCHOLOGICAL ASSOCIATES, P.A. on this Web site constitute the entire agreement between you and PSYCHOLOGICAL ASSOCIATES, P.A. with respect to the use of the PSYCHOLOGICAL ASSOCIATES, P.A. Web site and services. Your use of the PSYCHOLOGICAL ASSOCIATES, P.A. services is also subject to the PSYCHOLOGICAL ASSOCIATES, P.A. Privacy Policy. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.

6.7. Waiver: Our failure to exercise or enforce any right or provision of the Terms of Service or other legal notices posted by PSYCHOLOGICAL ASSOCIATES, P.A. on this Web site shall not constitute a waiver of such right or provision. No waiver of any of these Terms of Service or of any other legal notices posted by PSYCHOLOGICAL ASSOCIATES, P.A. on this Web site shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

6.8. Severability: If any provision of the Terms of Service or of any other legal notices posted by PSYCHOLOGICAL ASSOCIATES, P.A. on this Web site 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 Terms of Service should remain in full force and effect.

6.9. Modification: Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Service or of any other legal notice posted by PSYCHOLOGICAL ASSOCIATES, P.A. on this Web site.

6.10. Assignment: PSYCHOLOGICAL ASSOCIATES, P.A. may assign its rights and duties under this Agreement to any party at any time without notice to you and/or your approval.

6.11. Headings: The section titles in the Usage Agreement, Medical Disclaimer, and Terms of Service are for convenience only and have no legal or contractual effect.