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Terms and Conditions for Using Mind Source Solutions Sites

THE MIND SOURCE SOLUTIONS SERVICE AND USE AGREEMENT PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE.

Using this site indicates that you agree to all the terms and conditions in this Agreement. If you do not agree with the terms and conditions delineated here, do not use this site.

1. Definitions. "Mind Source Solutions" (MSS) and the informational sites it supports is an on-line service owned and operated by the staff of Mind Source Solutions. The content of these sites is provided by the MSS staff and other third parties. Clients of MSS are defined as healthcare providers whose contact information and web site links are listed on MSS sites. 

2. General. (A) Mind Source Solutions or any of its affiliated sites are not intended as a substitute for professional advice, diagnosis, or treatment. MSS strongly recommends site users ALWAYS seek the advice of your physician or other qualified health provider if any questions arise regarding a medical condition. NEVER dismiss professional medical advice or delay in seeking such advice because of something you may have read on the sites created under the auspices of Mind Source Solutions.

(B) Mind Source Solutions neither recommends or endorses specific tests, products, procedures, opinions, or other information that may be mentioned on a Mind Source Solutions site.  Understand that relying solely on information provided by Mind Source Solutions or any sites linked to MSS sites is undertaken at your own risk.

(C) This Agreement, which incorporates by reference other provisions applicable to Client's use of Mind Source Solutions, includes terms and conditions applying to the Client's use of Mind Source Solutions. Registering and listing a URL on the Mind Source Solutions site(s) indicates agreement to comply with all of the terms and conditions hereof. The right to use Mind Source Solutions is personal to Client and is not transferable to any person or entity. Client is solely responsible for their own Client's Account including ensuring that use of this Account complies fully with the provisions of this Agreement. Client shall be responsible for protecting the confidentiality of Client's password(s). (Are there “passwords”?)

(D) Mind Source Solutions shall have the right to change or discontinue any aspect or feature of Mind Source Solutions and any or all of its affiliated sites, at any time, including, but not limited to, copy content, hours of availability, and equipment needed for access or use.

3. Changed Terms. At any time Mind Source Solutions shall have the right to change or modify the terms and conditions applicable to Client's use of Mind Source Solutions, or any part thereof. It may also impose new conditions at any time. These changes may include but will not be limited to, adding or increasing fees and charges for use.  Any such changes, additions or/and deletions shall be effective immediately upon notice. Such notice may be given by any means deemed appropriate by Mind Source Solutions including, but not limited to, posting on Mind Source Solutions site(s), or by electronic or conventional mail, or telephone. Any use of Mind Source Solutions by the Client after such notice shall be regarded as an acceptance and approval of these changes by Client.

4. Equipment. Client shall be solely responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of Mind Source Solutions and all charges related thereto.

5. Client Conduct. (A) Client shall use Mind Source Solutions only for lawful purposes. Client shall not post or transmit any material which violates or infringes in anyway upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable through Mind Source Solutions, Nor may they encourage conduct that would constitute a criminal offense, or give rise to civil liability or otherwise violate any law through Mind Source Solutions.

It is also forbidden for clients to use Mind Source Solutions to post any information which contains advertising or any solicitation with respect to products or services. Any conduct by a Client restricts or inhibits any other Client from also using or enjoying the benefits of Mind Source Solutions will not be permitted. Clients shall not use Mind Source Solutions to advertise or perform any other commercial solicitation. This includes, but is not limited to, soliciting users to become Clients of any other on-line information services that are competitive with Mind Source Solutions.

(B) Mind Source Solutions contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, and sound. All of Mind Source Solutions sites are copyrighted as a collective work under United States copyright laws. Mind Source Solutions owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Client may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part.

Copyrighted material on Mind Source Solutions may be downloaded for Client's personal use only if the following notice is included on such materials: "Copyright, Mind Source Solutions."  No copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of Mind Source Solutions and the copyright owner.

Client acknowledges that it does not acquire any ownership rights by downloading copyrighted material. Any permitted copying, redistribution or publication of copyrighted material must be made without changes in or deletion of author attribution, trademark legend or copyright notice except as otherwise expressly permitted under copyright law.

(C) Client shall not upload, post or otherwise make available any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right on Mind Source Solutions. Furthermore, the burden of determining that such material is not protected by copyright rests solely with Client. Client shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.

If a Client submits material to any public area of Mind Source Solutions, this constitutes an agreement with the owner of such material to allow Mind Source Solutions use of said material royalty-free, perpetual, and irrevocable. Mind Source Solutions may then have a non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material.
If a Client permits any other Client to access, view, and store or reproduce the material for that Client's personal use, the grant Mind Source Solutions the right to edit, copy, publish and distribute any material made available on Mind Source Solutions by Client.

(D) The foregoing provisions of Section 5 are for the benefit of Mind Source Solutions, affiliates and its third party content providers and licensers. Each shall be permitted to assert and enforce such provisions directly or on its own behalf.

6. Disclaimer of Warranty; Limitation of Liability. (A) CLIENT EXPRESSLY AGREES THAT USE OF Mind Source Solutions IS SOLELY AT THE CLIENT'S OWN RISK. NEITHER Mind Source Solutions, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE WRITERS, AGENTS, AND THIRD PARTY CONTENT PROVIDERS CLAIM THAT Mind Source Solutions WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY GUARANTEES REGARDING RESULTS THAT MAY BE OBTAINED FROM USE OF Mind Source Solutions. NOR DO THEY CLAIM ANY RESPONSIBILITY FOR THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH Mind Source Solutions.

B) Mind Source Solutions IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. IT DOES NOT PROVIDE WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF THE ABILITY OR FITNESS OF MERCHANTS MENTIONED OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

(C) Mind Source Solutions DISCLAIMS ANY LIABILITY FOR ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, NEGLIGENCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

IN ADDITION, CLIENTS MUST SPECIFICALLY ACKNOWLEDGE THAT Mind Source Solutions IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CLIENTS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH CLIENT.

(D) IN NO EVENT WILL Mind Source Solutions, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING Mind Source Solutions, its affiliates or Mind Source Solutions SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE Mind Source Solutions. CLIENT HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON Mind Source Solutions.

(E) NEITHER Mind Source Solutions, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN Mind Source Solutions, REGARDLESS OF THE CAUSE OR DURATION.,

NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.  NEITHER, Mind Source Solutions, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE IS NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION

7. Monitoring. Mind Source Solutions shall have the right, but not necessarily the obligation, to examine the content of Mind Source Solutions, including any chat rooms and forums, to check on compliance with this Agreement and any operating rules established by Mind Source Solutions and to satisfy any law, regulation or authorized government request. Mind Source Solutions shall have the right to edit, refuse to post, or to remove any material that in its sole discretion, Mind Source Solutions finds to be in violation of the provisions hereof or otherwise objectionable.

8. Indemnification. Client agrees to defend, indemnify and hold harmless Mind Source Solutions, its affiliates and their respective officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of Mind Source Solutions by Client or Client's Account.

9. Termination. Either Mind Source Solutions or Client may terminate this Agreement at any time. Without limiting the foregoing, Mind Source Solutions shall have the right to immediately terminate Client's Account in the event of any conduct by Client which Mind Source Solutions, at its sole discretion, considers to be unacceptable, or in the event of any breach by Client of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section 9 shall survive termination of this Agreement.

10. Trademarks. Mind Source Solutions and its logos are trademarks of Mind Source Solutions, Inc. All rights are reserved. All other trademarks appearing on Mind Source Solutions are the property of their respective owners.

11. Third Party Content. Mind Source Solutions is a licenser or distributor (and not a publisher) of the content supplied by third parties and Clients. Accordingly, Mind Source Solutions has no more editorial control over content available through the Clients’ URLs than it does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Clients or any other user of Mind Source Solutions, are those of the respective author(s) or distributor(s) and not of Mind Source Solutions.

Neither Mind Source Solutions and its affiliate sites, nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchant ability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)

In some instances, the content available through Mind Source Solutions represents the opinions and judgments of Clients, or other user not under contract with Mind Source Solutions. In such case, Mind Source Solutions neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on Mind Source Solutions by anyone other than authorized Mind Source Solutions employee spokespersons while acting in their official capacities.

Whatever the circumstances, Mind Source Solutions will NEVER be held liable for any loss or damage caused by a Client's reliance on information obtained through Mind Source Solutions. It is the Client’s responsibility to weigh the accuracy, completeness, or usefulness of any information, opinion, advice or other content accessible through Mind Source Solutions. We urge site users and clients to seek the advice of professionals the evaluation of any specific information, opinion, advice or other content, whenever appropriate.

12. Miscellaneous. This Agreement and any operating rules for Mind Source Solutions constitute the entire agreement of the parties with respect to the subject matter contained in this agreement, and supersede all previous written or oral agreements between the parties regarding such subject matter. This Agreement shall be construed in accordance with the laws of the State of Illinois, without regard to its conflict of laws rules.

It is agreed by all concerned parties that exclusive jurisdiction for any dispute with Mind Source Solutions, or in any way relating to the use of Mind Source Solutions, resides in the courts of the State of Illinois. It is further agreed and consented to that the exercise of personal jurisdiction is in the courts of the State of Illinois in connection with any such dispute including any claim involving Mind Source Solutions or its subsidiaries, employees, contractors, officers, and content providers.

No waiver by either party of any breach or default here under shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

13. Copyrights and Copyright Agent. Mind Source Solutions respects the rights of all copyright holders. In this regard, Mind Source Solutions has adopted and will implement a policy that provides for the termination of Clients and account holders in appropriate circumstances who infringe on the rights of copyright holders. If you believe that your work has been copied in any way that constitutes copyright infringement, please provide Mind Source Solutions Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. ? 512:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyright work claimed to have been infringed is, or, if multiple copyrighted works at a single online site are, covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
4. Information reasonably sufficient to permit us to contact the complaining party.
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For notice of claims of copyright infringement on or regarding this site Mind Source Solutions’s Copyright Agent can be reached as follows: (Call? Email? Who?)

For any questions or requests other than copyright issues, please contact Mind Source Solutions at: (Call? Email? Who?)

14. Children's Privacy. Mind Source Solutions is not intended or designed to attract persons under the age of 18. We do not collect information from any person we know is under the age of 18.

15. Advertisements and Links. Mind Source Solutions does not endorse the content on any third-party websites. Nor is Mind Source Solutions not responsible for the content of linked third-party sites and sites framed within Mind Source Solutions, or third-party advertisements, and has no control over or responsibility for their content or accuracy. Client's use of third-party websites is at their own risk and subject to the terms and conditions of use for such sites. Mind Source Solutions does not endorse any product advertised on Mind Source Solutions.

Merln Hurd PhD; BCN, QEEGT

86 University Place, 8th Floor
New York, NY 10003
212-645-3076
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merlynh@nyneurofeedback.com
www.nyneurofeedback.com

PVKelsey, LICSW

328 Broadway
Cambridge, MA 02138
617-547-7537
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pvkelsey1@gmail.com
cambridgeneurofeedback.com

Center for Personal Growth

472 Kings Highway
Valley Cottage, NY 10989
845-268-2802
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neeaack@mac.com