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
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
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
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
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