Terms and Conditions

(Effective & last modified 10/27/18)

I hope you love using the Psychiatry & Psychotherapy Podcast and CME activities.  This document contains important information that you need to consider.

The Psychiatry & Psychotherapy Podcast and corresponding CME activities and resources are an online podcast and website that provides you with training that may help you improve your clinical practice through use of research and practical experience on topics of psychiatry and psychotherapy.

IMPORTANT-READ CAREFULLY: BY CLICKING THE “I AGREE” BUTTON OR BY ACCESSING OR USING OUR WEBSITE OR SERVICES YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS (OTHER THAN TO READ THESE TERMS OF SERVICE FOR THE FIRST TIME).

This is a legal agreement (“Agreement”) between You and the EMOTION CONNECTION, LLC,  for use of the Services which You selected or initiated on EMOTION CONNECTION, LLC's Psychiatry & Psychotherapy Podcast) (all subsequently referred to as the “Site”).  “You” refers to the individual who registered and/or provided EMOTION CONNECTION, LLC payment mechanism for the Services or, if an authorized individual is purchasing the Services on behalf of an entity, then “You” refers to such entity.   If You do not agree with the terms of this Agreement (the "Terms"), or if You do not have the full right, power and authority to bind the entity on whose behalf You are purchasing the Services, do not use the Services. EMOTION CONNECTION, LLC reserves the right, at our sole discretion, to change, modify, add or remove any portion of the Site or the Terms, in whole or in part, at any time. Changes to these Terms are effective when posted, and your continued use of the Site after any such changes is deemed acceptance thereof. You must check back periodically and note any changes.

TRADEMARKS AND COPYRIGHTS.  The domain names, trade names, logos, trademarks, and service marks are registered and unregistered trademarks of EMOTION CONNECTION, LLC.  You shall not edit, transmit, distribute, republish, reproduce, upload, create derivative works from, perform, or post in any way whatsoever, any materials from this Site without the prior written consent of EMOTION CONNECTION, LLC.  UNAUTHORIZED DISTRIBUTION OR REPRODUCTION OF THE SITE, OR ANY PORTION THEREOF, IS EXPRESSLY PROHIBITED, AND SUCH ACTIVITY MAY RESULT IN SEVERE PENALTIES AND VIOLATORS MAY BE PROSECUTED TO THE MAXIMUM EXTENT POSSIBLE UNDER THE LAW.

INFORMATIONAL PURPOSES.  All content provided on this Site is for informational purposes only. The owner of this Site makes no representations as to the accuracy or completeness of any information on this site or found by following any link on this Site.  The owner will not be liable for any errors or omissions in this information nor for the availability of this information. The owner will not be liable for any losses, injuries, or damages from the display or use of this information.  In no way is the content of this Site to be used as evidence in a court of law or used to prove or disprove testimony or in legal issues.

ACCESS.  To access or use some content or features of our Site, You may choose to provide us certain information, we may require you to provide certain information, or require that you establish an account with us through registration. By signing this terms and condition You agree to not share your account with others, not to give out your password, and not to sell the contents of this website to others.  If there is evidence of multiple users using a single account we reserve the right to terminate your account. For this reason we reserve the right to monitor your IP address. Emotion Connection Training course gives an individual who purchased the license, the right to do the training from only one computer. If the client accesses the training from different computers, with the intention of sharing his/her login with other users, his/her account will be immediately terminated, without any refunds, and without warnings. A user with misuse intentions may be billed accordingly with the real use of the training, without prior notice.

SCOPE OF SERVICES.  By signing this Agreement you are agreeing that the Site’s information is opinions based on our best understanding of current emotional theory and literature.   While the Site is an honest attempt to help you connect better with others, as there has been no formal evaluation of potential difficulties in your ability to connect or ways you connect in particular, which may be important to your ability to connect, Emotion Connection, LLC strongly encourage you to have a licensed therapist or physician help with any particular issues you may have. By deciding to engage this service, you acknowledge and agree that you are aware of this limitation and agree to assume the entire risk of this limitation.  In no way by doing the “Emotion Connection Training” are you entering into a patient-doctor relationship. The information interpreted should not be relied upon as a substitute for sound professional medical advice, evaluation or care from your physician or other qualified healthcare provider.

AGE OF USERS.  All users must be eighteen years or older. In the case of minor Consumers (under eighteen (18) years), a parent or guardian must accept this Agreement and use their own judgement on whether they should offer this educational content to their minor.

SUPPLEMENTARY COMMUNICATION.  Emotion Connection may send you newsletters and other information regarding connection, emotion and other educational material.  These are solely meant for general, educational and informational purposes.

CHARGES. You agree that EMOTION CONNECTION, LLC may charge to Your credit card or other payment mechanism selected by You and approved by EMOTION CONNECTION, LLC (“Your Account”) all amounts due and owing for the Services, including Service fees, set up fees, overage fees, subscription fees or any other fee or charge associated with Your use of the Services.   You will pay (and will reimburse EMOTION CONNECTION, LLC if EMOTION CONNECTION, LLC is required to pay) all taxes associated with this Agreement and the Services, excluding taxes based on EMOTION CONNECTION, LLC’s net income.

NO WARRANTIES. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED “AS IS” AND EMOTION CONNECTION, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESSED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. EMOTION CONNECTION, LLC MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES, REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.  EMOTION CONNECTION, LLC MAKES NO WARRANTY THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. USE OF THE SERVICES IS AT YOUR SOLE RISK. You agree to indemnify, defend and hold harmless EMOTION CONNECTION, LLC, its officers, employees, directors, consultants, and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from Your use of the Site or the Services or Your violation of this Agreement.

LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EMOTION CONNECTION, LLC BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS OR DAMAGE) ARISING OUT OF THIS AGREEMENT, THE SITE, OR THE SERVICES OR MATERIALS SUPPLIED HEREUNDER, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE) CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF EMOTION CONNECTION, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE,EMOTION CONNECTION, LLC'S MAXIMUM CUMULATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES (IF ANY) IN THE PREVIOUS 12 MONTHS. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to You.

THIRD-PARTY LINKS.  EMOTION CONNECTION, LLC makes no claim or representation regarding, and accepts no responsibility for, the content,  quality, nature or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of EMOTION CONNECTION, LLC and EMOTION CONNECTION, LLC is not responsible for the content of any linked site or any link contained in a linked site, or any  changes, review, or updates to such sites.

REFUNDS.  Emotion Connection, LLC will honor requests for refunds on the online membership site up to, not exceeding, 72 hours from time of purchase.  An explanation of your reason to request a refund is required. Once your refund is processed your account will be de-activated. This policy applies only to online subscription to membership for CME through Emotion Connection LLC.  To request a refund, please send an email to Dr@psychiatrypodcast.com.

TERMINATION. EMOTION CONNECTION, LLC reserves the right, without notice and in its sole discretion, to terminate this Agreement, and to block or prevent future access to and use of the Site and the Services. Upon any termination of this Agreement, You must cease any further use of the Services and destroy any content or materials related to the Services within Your possession and control.

WAIVER OF SEVERABILITY.  Failure by either party to exercise any of its rights under, or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and effect.

RESEARCH PURPOSES.  The user is aware that test results, scores and data are being recorded while using the online products. No personal data will be made publicly available without consent of the user, however results, scores or data might be anonymously used and published for study or research or purposes, without notifying the user.

LIMITATION, SUSPENSION OR TERMINATION.  We may, in our sole discretion, temporarily or permanently terminate, change, or suspend your access to our Site without prior notice. We may do so based on changes to our business practices, if you violate the letter and spirit of these Terms of Service, or for any other lawful reason. You agree that we are not liable to any third party or you for any such action.

Any suspension, limitation or termination we impose shall not alter your obligations to us under these Terms of Service.

CHOICE OF LAW AND FORUM.  This Agreement shall be governed by and construed under the laws of the State of California, United States of America, as applied to agreements entered into and to be performed in California by California residents. The parties consent to the exclusive jurisdiction and venue of the courts located in and serving San Bernardino County, California.


 

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