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Terms of Use Agreement and Disclaimer

The following provisions govern your use of http://www.achildscry.org and Children's Mental Health Awareness and all other services made available to you (hereinafter achildscry .org). PLEASE READ THESE TERMS & CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. By using this site, you agree to these terms and conditions. If you do not agree to all of the terms and conditions of this agreement, do NOT use this site. Achildscry.org reserves the right to revise and update these terms and conditions at any time. Please period- ically review the Terms of Use Agreement & Disclaimer. Your continued use of this site is deemed to be your acceptance of and agreement to any changed terms and conditions.

Copyright and Trademarks

The entire contents and design of http://www.achildscry.org and Children's Mental Health Awareness are proprietary to achildscry.org and/or its content providers and are protected by copyright laws of the United States and other countries. The achildscry.org sites are for your personal, noncommercial use. You may not modify, copy, distribute, transmit, display, or publish any materials (including all programing, scripts, artwork, designs, layouts) and contents of this website are contained on the achildscry.org sites and/or its newsletters and/or e-newsletters without the express prior written permission of achildscry.org or the appropriate copyright owner. Certain names and logos are trademarks and service marks of achildscry.org and third parties and may not be used without permission.

General Disclaimer

ACHILDSCRY.ORG ARE PROVIDED ON AN "AS IS, WITH ALL FAULTS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF TITLE, OR NON-INFRINGEMENT, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY CONTENT IS ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE(S) (A) WILL BE UNINTERRUPTED OR ERROR-FREE (B) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, OR (C) IS SECURE.

YOUR USE OF ACHILDSCRY.ORG IS AT YOUR OWN RISK. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PRO- TECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE(S). NEITHER ACHILDSCRY.ORG NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING ACHILDSCRY.ORG, ITS NEWS- LETTERS AND/OR E-NEWSLETTERS, OR THE MATERIALS CONTAINED THEREIN, ASSUMES ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION PROVIDED, NOR SHALL THEY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE ACHILDSCRY.ORG.

Disclaimer

Achildscry.org and Children's Mental Health Awareness strives to provide valuable and accurate health information. The editors of the material contained herein have consulted sources believed to be reliable in their efforts to provide information that is correct at the time of posting. However, in view of the possibility of error by the authors, editors, or publishers of the works contained in achildscry.org and Children's Mental Health Awareness, neither Achildscry.org and Children's Mental Health Awareness nor any other party involved in the preparation of material contained on its Web sites or in its newsletters and/or e-newsletters represents or war- rants that the information contained herein is in every respect accurate or complete, and they are not responsible for any errors or omissions or for the results obtained from the use of such material. Readers are encouraged to confirm the information contained herein with other sources.

Patients and consumers reading articles or other material posted on Achildscry.org and Children's Mental Health Awareness Web sites or newsletters and/or e-newsletters should re- view the information carefully with their healthcare provider. The information is not intended in any way to substitute for professional medical advice. Neither the content nor any other service offered through the Achildscry.org Web sites or its e-newsletters is intended to be relied upon for medical diagnosis or treatment.

Always seek the advice of your physician or other qualified health professional if you have any concern about your health. Users are encouraged to develop a professional relationship with physicians and other health care providers and regularly consult with them and seek their advice.

Achildscry.org and Children's Mental Health Awareness does not examine, determine, or warrant the licensure, competence, or information of any professional or treatment facility listed in its directories. Achildscry.org relies on the professionals and facilities listed in the directories to provide accurate information and assumes no responsibility for verifying the information provided. Use of the directories to locate a health care professional or facility is wholly volun- tary, and in no event shall achildscry.org and Children's Mental Health Awareness be liable for damages to any user of the directories for the selection of a health care professional or facility, for the services provided by any professional or facility listed therein, or for any other damages which may occur as a result thereof.

Achildscry.org and Children's Mental Health Awareness recommends that you check the certification and/or licensing of any mental health professional or other health care provider with the applicable state licensing Board or authorities and that you verify that the practitioner or treatment facility has current malpractice insurance coverage.

Achildscry.org and Children's Mental Health Awareness Web sites may contain links to Web sites operated by other parties. The linked sites are not under the control of achildscry.org is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. The appearance of any product, service, or Web site link on the achildscry.org Web sites and/or in its e-newsletters does not imply endorsement, approval, or warranty by Achildscry.org disclaims all liability with regard to any such products, services, or Web site links.

User Submissions

By submitting communications to any part of the Achildscry.org and Children's Mental Health Awareness Web sites, you automatically grant, or warrant that the owner of such communications has expressly granted, Achildscry.org and Children's Mental Health Awareness a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display your name and the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights to others.

You warrant that any and all information you post to the Achildscry.org and Children's Mental Health Awareness Web sites does not violate patient/client confidentiality. You warrant that any and all information submitted by you and posted in the Achildscry.org and Children's Mental Health Awareness directories is true and correct.

Files that you upload, public messages that you send and your activity in dialogue, discus- sion, and forums are subject to review, modification, and deletion without notice by the discus- sion or forum manager. Files uploaded to a bulletin board are subject to posted limitations on usage, reproduction and/or dissemination, and you are responsible for adhering to such limitations. You should be aware that personally identifiable information, which you choose to disclose on the site can be used by third parties, and such use is beyond the control of achildscry.org and Children's Mental Health Awareness.

Indemnification

You agree to hold harmless and indemnify achildscry.org, its agents, and contributors against any liability for any claims and expenses, including reasonable attorney's fees, associ- ated with your use of the achildcry.org and Children's Mental Health Awareness Web sites or relating to your violation of any of the terms of this agreement or arising out of any information submitted by you, including without limitation any claim of libel, defamation, copyright or trademark infringement, or violation of rights of privacy or publicity arising from the material you post on the achildscry.org and Children's Mental Health Awareness sites.

Governing Law; Jurisdiction; Statute of Limitations

This agreement shall be governed by the laws of the State of Florida applicable to agree- ments wholly made and performed in Florida without regard to its conflict of laws principle. Any legal action, suit or proceeding arising out of or relating to this agreement or a breach thereof, shall be instituted in a court of competent jurisdiction in Manatee County, Florida, and you hereby consent and submit to personal jurisdiction of such court, waive any objection to venue in such court and consent to service of process by overnight courier or express mail at your last known address. Any cause of action initiated by you must be initiated within one (1) year after the claim or cause of action has arisen or it will be barred.

If any clause or provision of this agreement is determined to be illegal, invalid or unenforce- able under present or future law, then, in that event, such clause or provision will be severed from this agreement without affecting the enforceability of all remaining clauses and provisions.

Miscellaneous

You agree not to post any information which (1) is libelous, defamatory, obscene, fraud- ulent, false, unlawful, or contrary to the ownership or intellectual property rights of any other person, or (2) contains any virus, worm, or other code which is contaminating or destruc- tive to the files or programs of achildscry.org or any of our users. Achildscry.org and Children's Mental Health Awareness may deny you access to all or part of the achildscry.org and Children's Mental Health Awareness Web sites if achildscry.org and Children's Mental Health Awareness, in its sole discretion, determines that you have engaged in conduct that violates the law or the terms of this agreement.

Sponsors of the achildscry.org and Children's Mental Health Awareness Web sites and/or its newsletters and/or e-newsletters have no influence on editorial content or presentation.

Please see the achildscry.org Privacy Policy.

Acceptance Procedure

By registering with achildscry.org and Children's Mental Health Awareness, subscribing to one of the achildscry.org and Children's Mental Health Awareness newsletters ando/r e-newsletters, or accessing achildscry.org and Children's Mental Health Awareness, you agree to be bound by all the terms and conditions of this agreement. You further agree that this agreement and the terms and conditions hereof, including all disclaimers set forth herein, shall inure to the benefit of any agents and contributors to achildscry.org and Children's Mental Health Awareness, as third party beneficiaries hereto, to the same extent that this agreement inures to the benefit of achildscry.org and Children's Mental Health Awareness.

Our UCE/Anti-Spam/Virus/Hacking Policy

We try our best to protect everyone's privacy to the harassment of spam and protection from virus content on our site. If you feel that you have received spam from signing our guest book and or messageboard. Write and tell us. We do report all spam our site receives to the proper isp. We are handling this for our domain.

Because of the increase in filtering, our site deletes all spam, email of combined text/html content, all email with attachments, and mailing lists we are not members of. UCE(Unsolicited Commercial Email) are reported to sender(s) isp, host, abuse.net, etc.

If you have any questions or comments about our Privacy Policy, please contact us. We always welcome your feedback.

Any and all unauthorized entry, port scans, gathering website statistics, pinging, webpage validations, gathering & crawling website(for email addresses, images on server, hidden values, regular expressions, etc.), running link checkers, forging of formmail scripts, & hacking, will be investigated,including attempts to use the infamous formmail hack to transmit UCE / Bulk e-mail using our systems. As a webmaster we do not allow any of our users to use Matt Wright formmail script because of the possibility of our servers being used for UCE.

ALL VIOLATIONS are reported to the proper legal agencies, internet service providers with supporting files, access logs including violators' ip address, and documentation.

Summary of Legal Basis: United States Code Title 47, Section 227(a)(2)(B) states that a computer, modem, and/or printer meets the definition of a telephone fax machine. Section 227(b)(1)(C) states that it is unlawful to send any unsolicited advertisement to such equipment. Section 227(b)(3)(C) states that a violation of the aforementioned Section is punishable by action to recover actual monetary loss, or $500, whichever is greater, for each violation.