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TERMS OF USE AND SERVICE

IMPORTANT! THE FOLLOWING TERMS OF USE AND SERVICE GOVERN YOUR USE OF THIS WEB SITE, WHICH IS PROVIDED BY THE INSTITUTE FOR BEHAVIOR CHANGE ("IBC").  BY ACCESSING THIS WEB SITE, YOU ARE INDICATING YOUR ACKNOWLEDGEMENT AND ACCEPTANCE OF THESE TERMS OF USE AND SERVICE. THESE TERMS OF USE AND SERVICE ARE SUBJECT TO CHANGE BY IBC AT ANY TIME IN ITS DISCRETION.  YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGEMENT AND ACCEPTANCE OF THE CHANGES.  PLEASE CONSULT THESE TERMS OF USE AND SERVICE REGULARLY.

TREATMENT OUTCOME DISCLAIMERS

ANY PROGRESS STATEMENTS, OR APPARENT IMPLICATION OF TREATMENT PROGRESS, ARE ONLY ESTIMATES OF WHAT WE HAVE DOCUMENTED IN THE TREATMENT OF ANOTHER PERSON. THERE IS NO ASSURANCE ANY OTHER PERSON WILL RESPOND AS WELL. IF YOU UTILIZE ANY OF OUR TREATMENT PLANS IN WHOLE OR IN PART, YOU MUST ACCEPT THE RISK THAT THE PERSON YOU ARE TREATING, OR IN WHOSE TREATMENT YOU ARE INVOLVED, WILL NOT DO AS WELL.

WHERE SPECIFIC OUTCOME FIGURES ARE USED AND ATTRIBUTED TO AN INDIVIDUAL, THE OUTCOME FIGURES ATTRIBUTED TO THAT PERSON WERE ACTUALLY OBTAINED AND ARE NOT TO BE CONSIDERED AS AVERAGE OUTCOMES. THERE CAN BE NO ASSURANCE THAT ANY PRIOR SUCCESSES, OR PAST RESULTS, AS TO TREATMENT OUTCOME, CAN BE USED AS AN INDICATOIN OF THE FUTURE SUCCESS OR RESULTS FOR ANY OTHER PERSON.

TREATMENT OUTCOME RESULTS ARE BASED ON MANY FACTORS.  WE HAVE NO WAY OF KNOWING HOW SUCCESSFUL YOU WILL BE AS A TREATMENT PROVIDER, OR HOW WELL THE RECIPIENT OF TREATMENT SERVICES BASED IN WHOLE OR IN PART ON OUR TREATMENT PLANS WILL DO, AS WE DO NOT KNOW YOU, YOUR BACKGROUND, YOUR WORK ETHIC, OR YOUR PROFESSIONAL SKILLS OR PRACTICES, OR THE BACKGROUND OF ANY PERSON TO WHOM YOU MIGHT RENDER ADVICE OR TREATMENT SERVICES. THEREFORE WE DO NOT GUARANTEE OR IMPLY THAT YOU WILL BE SUCCESSFUL IN TREATING CHILDREN WITH BEHAVIORAL OR ANY OTHER DISORDERS, OR THAT YOU WILL HAVE ANY SUCCESS AT ALL. THERE IS NO ASSURANCE YOU WILL DO AS WELL IF YOU UTILIZE OUR METHODS OR OUTCOME STATISTICS.  YOU MUST ACCEPT THE RISK OF NOT DOING AS WELL.

ACCESSING INTERNET RESOURCES HAVE UNKNOWN RISKS INVOLVED, AND ARE NOT SUITABLE FOR EVERYONE. MAKING DECISIONS BASED ON ANY INFORMATION PRESENTED IN OUR TREATMENT PLANS OR OTHER PRODUCTS, SERVICES, OR WEB SITE, SHOULD BE DONE ONLY WITH THE KNOWLEDGE THAT YOU COULD EXPERIENCE SIGNIFICANT LOSSES, DELIVER INADEQUATE SERVICES, BE EXPOSED TO SIGNIFICANT PROFESSIONAL AND OR PERSONAL LIABILITY, ACHIEVE NO CHANGE IN TARGET BEHAVIOR AT ALL, OR EXPERIENCE A WORSENING OF TARGET BEHAVIOR IN THE PERSON RECEIVING TREATMENT.

ALL PRODUCTS AND SERVICES BY IBC ARE FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY.  USE CAUTION AND SEEK THE ADVICE OF QUALIFIED PROFESSIONALS. CHECK WITH YOUR PROFESSIONAL SUPERVISOR, ATTORNEY OR PROFESSIONAL ADVISOR, BEFORE ACTING ON THIS OR ANY INFORMATION.

USERS OF OUR TREATMENT PLANS, PRODUCTS, SERVICES AND WEB SITE ARE ADVISED TO EXERCISE THEIR OWN DUE DILIGENCE REGARDING THE MAKING OF TREATMENT PLANNING DECISIONS.  THE USEFULNESS OF ALL INFORMATION, PRODUCTS, AND SERVICES THAT HAVE BEEN PROVIDED SHOULD BE INDEPENDENTLY VERIFIED BY YOUR OWN QUALIFIED MENTAL HEALTH PROFESSIONALS. 

OUR INFORMATION, PRODUCTS, AND SERVICES ON THIS WEB SITE SHOULD BE CAREFULLY CONSIDERED AND EVALUATED, BEFORE REACHING A TREATMENT TEAM DECISION AS TO WHETHER TO RELY ON THEM.  SUCH TREATMENT DECISIONS MUST NEVER BE MADE BY AN INDIVIDUAL WITHOUT CONSULTATION WITH THE OTHER MEMBERS OF THE TREATMENT TEAM THAT MUST INCLUDE AN APPROPRIATELY LICENSED MENTAL HEALTH PROFESSIONAL. 

WHERE NO SUCH TEAM HAS YET BEEN CREATED, THE IMPLEMENTATION OF ANY TREATMENT PLAN SHOULD BE POSTPONED UNTIL SUCH A TEAM HAS BEEN CREATED (CONSISTING OF THE CHILD’S PARENTS, AN APPROPRIATELY QUALIFIED MENTAL HEALTH PROFESSIONAL, AND OTHER ADULTS INVOLVED IN THE CHILD’S LIFE, INCLUDING THE CLASSROOM TEACHER OR DAYCARE SERVICE PROVIDER IF THE CHILD IS INVOLVED IN DAYCARE OR ENROLLED IN SCHOOL).

YOU AGREE THAT IBC IS NOT RESPONSIBLE FOR THE SUCCESS OR FAILURE OF YOUR TREATMENT PLAN DECISIONS RELATING TO ANY INFORMATION PRESENTED BY IBC, OR IBC PRODUCTS OR SERVICES.

Access to This Site

YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THIS WEB SITE. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS WEB SITE FOR ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEB SITE, NO INFORMATION OBTAINED BY THIS WEB SITE, FALLS WITHIN THE CHILD ONLINE PRIVACY ACT (COPA) AND IS NOT MONITORED AS DOING SO.

You may be asked to provide registration details or other information in order to access this web site or some of its resources. All information you provide on this site must be correct, current, and complete, as a condition of your use of this web site. If IBC believes the information you provide is not correct, current, or complete, we have the right to refuse you access to this web site or any of its resources, and to terminate or suspend your access at any time, without notice.

Disclaimer

You understand that IBC cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or any other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. IBC does now assume any responsibility or risk for your use of the Internet.

The content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by IBC or others with respect to treatment plans to address specific situations or children. Psychologists, therapists, clinicians and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. IBC DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. IBC DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IBC DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OTHERWISE.

THE CONTENT, INCLUDING TREATMENT PLANS AND OTHER DOCUMENTATION, MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND IBC MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT IBC, ASSUME THE ENTIRE COST OF ALL NECESSARY EDITING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS WEB SITE OR ITS CONTENT. 

IBC MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and IBC does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete.

Limitation On Liability

IBC, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF IBC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF IBC AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO IBC FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.

Indemnity

You will indemnify and hold IBC, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the "Indemnified Parties") harmless from any breach of these Terms of Use and Service by you, including any use of Content other than as expressly authorized in these Terms of Use and Service. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from IBC, including information accessed from this web site.

Restrictions On Use

You may use this site for purposes expressly permitted by this site and may not use this site for any other purpose, including any commercial purpose, without IBC’s express prior written consent. For example, you may not (and may not authorize any other party to) frame this web site, hyperlink to this web site, or co-brand this web site, without the express prior written permission of an authorized representative of IBC. For purposes of these Terms of Use and Service, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party that gives a user the impression that the other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with IBC in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.

Proprietary Information

The material and content (hereinafter referred to as the "Content") accessible from this site, and any other World Wide Wed site owned, operated, licensed, or controlled by IBC is the proprietary information of IBC, and IBC retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of IBC, or unless authorized in writing elsewhere on our site, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification of use of the Content except as expressly provided in these Terms of Use and Service violates IBC’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.

Information You Provide

You may not post, send, submit, publish, or transmit in connection with this site any material that:

you do not have the right to post, including proprietary material of any third party;

advocates illegal activity or discusses an intent to commit an illegal act;

is vulgar, obscene, pornographic, or indecent;

does not pertain directly to this site;

threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;

seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;

infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;

violates any law or may be considered to violate any law

impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;

advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this sites;

solicits funds, advertisers or sponsors;

includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;

disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;

includes MP3 format files;

amounts to a ‘pyramid’ or similar scheme;

disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or

contains hyper-links to other sites that contain content that falls within the descriptions set forth above.

Although under no obligation to do so, IBC reserves the right to monitor use of this site to determine compliance with these Terms of Use and Service, as well as the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your Submissions. You acknowledge and agree that neither IBC nor any third party that provides Content to IBC will assume or have any liability for any action or inaction by IBC or such third party with respect to any Submission.

Submissions

IBC will treat any personal information that you submit through this site in accordance with its Privacy Policy as set forth on this site.

With the exception of personal information defined in our Privacy Policy, you hereby grant to IBC the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to IBC through this site (together, hereinafter known as the "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. IBC will not be required to treat any Submission as confidential, and may use any Submission in its business (including, without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in the future IBCoperations.

Trademarks

Trademarks, service marks, and logos appearing in this web site are the property of IBC or the party that provided the trademarks, service marks, and logos to IBC. IBC and any party that provided trademarks, service marks, and logos to IBC retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this site.

Hyper-Links

This site may be hyper-linked to other sites which are not maintained by, or related to, IBC. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or IBC. IBC has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyper-links are to be accessed at the user’s own risk, and IBC makes no representations or warranties about the content, completeness, or accuracy of these hyper-links or the sites hyper-linked to this site. Further, the inclusion of any hyper-link to a third party site does not necessarily imply endorsement by IBC of that site.

Security

Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). IBC will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that IBC considers insecure, IBC will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, IBC reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. IBC reserves the right to investigate suspected violations of these Terms of Use and Service.

IBC reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing IBC to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use and Service.

BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS IBC FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY IBC DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER IBC OR LAW ENFORCEMENT AUTHORITIES.

Miscellaneous

These Terms of Use and Service will be governed and interpreted pursuant to the laws of Pennsylvania, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Pennsylvania, in connection with any dispute between you and IBC arising out of these Terms of Use and Service or pertaining to the subject matter hereof. The parties to these Terms of Use and Service each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use and Service or pertaining to the subject matter of these Terms of Use and Service will be in the state and federal courts of Philadelphia, Pennsylvania.

Severability. If any part of these Terms of Use and Service is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

Entire Agreement. These Terms of Use and Service constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. IBC may revise these Terms of Use and Service at any time by updating this posting.

Last updated April 21, 2007

© 2007 The Institute for Behavior Change, Inc.