ON-LINE SERVICE AGREEMENT
Gibbs A. Williams, Ph.D.
 

1. Please read the following terms and conditions of the gibbsonline.com On-line Service Agreement carefully and in its entirety. By viewing or using gibbsonline.com, you understand and agree to be bound by the terms and conditions of this Agreement. If you do not wish to be bound by the terms and conditions of this Agreement, you may not view or use gibbsonline.com.

2. All references to gibbsonline.com in this Agreement shall include the www.gibbsonline.com website and gibbsonline.com, Inc., and its directors, officers, employees, shareholders, agents, and attorneys, as applicable.

3. Access to view and use gibbsonline.com is intended for individuals eighteen years of age and older.

4. Any amendment, change, or modification of this Agreement shall be made only by the express written direction of gibbsonline.com through the posting of any amendment, change, or modification of this Agreement on gibbsonline.com. Any viewing or use of gibbsonline.com by you shall be deemed an acceptance by you of any amendment, change or modification of this Agreement by gibbsonline.com.

5. The information contained in the gibbsonline.com website is for educational and informational purposes only. It is not intended to and does not provide, professional advice for mental health counseling, or be a substitute for professional mental health counseling or therapy. You should not rely upon the information contained in gibbsonline.com for medical, legal or financial decisions. You should consult a mental health professional such as Gibbs A. Williams, Ph.D. for advice or treatment regarding any mental health concerns.

6. You may view or use gibbsonline.com subject to the terms and conditions of this Agreement. You may download or print a copy of any information provided by gibbsonline.com for your personal use only. Any other use in framing, downloading, or printing a copy of any information provided by gibbsonline.com is expressly prohibited unless prior written consent is specifically provided by the holder of the copyright of the information and by gibbsonline.com.

7. gibbsonline.com does not guarantee or warrant that gibbsonline.com is free of viruses or other code containing destructive properties. You are responsible for implementing reasonable measures to prevent the loss of code or data belonging to you. gibbsonline.com does not assume any responsibility for your use of gibbsonline.com.

8. The information contained in gibbsonline.com may change rapidly. The information contained in gibbsonline.com may be out of date, and may contain incorrect or incomplete information, or typographical errors.

9. GIBBSONLINE.COM DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS, INCLUDING ANY WARRANTIES OF TITLE OR NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO ANY INFORMATION OR MERCANDISE PROVIDED BY OR THROUGH gibbsonline.com, EXCEPT AS OTHERWISE SPECIFIED BY gibbsonline.com. gibbsonline.com DOES NOT WARRANT THE ACCURACY, TIMELINESS OR USEFULNESS OF ANY INFORMATION OR MERCHANDISE PROVIDED BY OR THROUGH GIBBSONLINE.COM. gibbsonline.com is not be liable to anyone for any act or omission taken in reliance upon any information provided by gibbsonline.com.

10. You may not use gibbsonline.com for any unlawful purpose or for that which is prohibited by this Agreement. gibbsonline.com may deny you access to gibbsonline.com at any time for any reason at the sole discretion of gibbsonline.com.

11. gibbsonline.com shall not be liable for any damages whatsoever, including but not limited to, damages for personal injury or wrongful death, loss of business profits, business interruption, or loss of data, arising out of the viewing or use of, or inability to view or use, gibbsonline.com, or for any reason whatsoever. You agree to fully defend and indemnify gibbsonline.com from any legal action arising out of your viewing or use of gibbsonline.com.

12. gibbsonline.com may contain links to other websites operated by other parties. Other websites may provide a hypertext link to gibbsonline.com. gibbsonline.com is not responsible for the content or performance of those websites. gibbsonline.com does not operate or control those websites, and does not endorse or warrant any information, products or services provided through those websites.

13. The parties to this Agreement agree that any claim, controversy, or dispute arising out of any viewing or use of gibbsonline.com shall first be subject to mediation between the parties, and that such mediation will be conducted in accordance within the rules and procedures of the American Arbitration Association, the American Health Lawyers Association Alternative Dispute Resolution Service, or such other third party dispute resolution mechanism as the parties hereto agree. In the event the dispute is not resolved by mediation, the parties agree that any such unresolved dispute shall be subject to binding arbitration under the rules and procedures of the American Arbitration Association, the American Health Lawyers Association Alternative Dispute Resolution Service, or such other third party dispute resolution mechanism as the parties hereto agree, and that they are waiving their right to a jury or court trial. However, the arbitrator(s) of such dispute may not be individuals who previously served as the mediator of the dispute. Said mediations or arbitrations shall be conducted in New York, NY. Arbitrations shall require a panel of three arbitrators. Judgment upon the award entered by the arbitrators shall be binding upon the parties and may be entered by either party in a court of competent jurisdiction. The costs of mediation shall be split equally by the parties. The costs of arbitration shall be subject to an order of the panel of arbitrators. The prevailing party shall be entitled to an order awarding it all reasonable costs and attorneys' fees incurred by reason of the dispute, including the costs of any expert witnesses or consultants.

14. Notices hereunder must be in writing and be delivered by the U.S. Postal Service or a United States national overnight delivery service, addressed as follows. Notices to gibbsonline.com must be addressed to: Gibbs A. Williams, Ph.D., 41 5th Avenue, Suite 11-A, New York, NY 10003. Notices shall be deemed effective five business days after deposit with the U.S. Postal Service or two business days after deposit with a United States national overnight delivery service.

15. The parties agree that, regardless of any statute, rule, or regulation to the contrary, any claim or cause of action against the other party arising out of or relating to this Agreement or viewing or use of gibbsonline.com must be filed within one year after such claim or cause of action arose.

16. This Agreement incorporates by reference all other Agreements contained in the gibbsonline.com website in their entirety.

17. gibbsonline.com is not responsible for delays or failure in performance resulting from acts beyond the control of gibbsonline.com. Such acts shall include but not limited to acts of God, strikes, lockouts, riots, acts of war, epidemics, governmental regulations superimposed after the fact, fire, communication line failures, power failures, earthquakes, or other disasters.

18. No alleged past or present written or oral agreement or representation, course of conduct by you or gibbsonline.com, or any trade practice shall act to modify this Agreement. The provisions set forth in this Agreement are the only terms and conditions of the Agreement. The provisions of this Agreement shall be severable and in the event any portion of this Agreement is deemed unenforceable, such unenforceability shall not affect the enforceability of the remaining portions of the Agreement.

gibbsonline.com is a proud member of and adheres to the same basic principles and policies found at The International Society for Mental Health Online (ISMHO).

Thank you for visiting, come back anytime.

Gibbs A. Williams, Ph.D.

Copyright 2000 gibbsonline.com Inc. - All rights reserved. User Agreement v1.0