Terms & Conditions
Last updated: 5/29/2020
Acceptance of The Use Of www.orangecountypsychology.org
These Terms & Conditions (these “Terms”) contain the terms and conditions on which we supply content listed on www.orangecountypsychology.org (the “Website”), These terms and conditions contain a binding arbitration notice (clause listed below) that impacts your rights about how to resolve disputes. If you live in the United States, please read it carefully. Except for where prohibited by law, you agree that disputes between you and Orange County Psychology or Johnathon Neda will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration. Disputes related to these terms or your use of the website will be resolved by mandatory binding arbitration, and you waive your right to participate in a class action lawsuit or class-wide arbitration. The terms “We,” “Orange County Psychology,” or “Us” refers to Orange County Psychology and Johnathon Neda. The term “You” refers to the user of the website and the information listen on the website.
This disclaimer governs your use of our website. By using our website, you accept this disclaimer in full. Your access to and use of www.orangecountypsychology.org is subject exclusively to these Terms and Conditions. You will not use the website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the website.
Change of Use
We at Orange County Psychology reserve the right to change or remove (temporarily or permanently) the website or any part of it without notice and you confirm that we shall not be liable to you for any such change or removal and change these Terms and Conditions at any time, and your continued use of the website following any changes shall be deemed to be your acceptance of such change.
Links to Third Party Websites
Our site may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
Copyright
All copyright, trademarks and all other intellectual property rights in the website and its content (including without limitation the website design, text, graphics, logos, and all software and source codes connected with the website) are owned by or licensed to Orange County Psychology or otherwise used by Orange County Psychology as permitted by law.
In accessing our website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the website for personal, non-commercial home use only.
If you believe that your work has been copied and posted on the website in a way that constitutes copyright infringement, please provide our designated correspondent with the following information: (i) A description of the copyrighted work or other intellectual property that you claim has been infringed; (ii) Your address, telephone number, and email address; (iii) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and (iv) A statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. The correspondent you may notify regarding the notice of claims of copyright infringement can be reached as follows: By Mail: 3406 VIA LIDO STE 1A #222, Newport Beach, CA 92663-3961. By E-Mail: contact@orangecountypsychology.org
Disclaimers and Limitation of Liability
The information contained in this website is for general information purposes only. The information contained in this website is not intended to provide medical advice or opinion by Orange County Psychology or its staff; as such advice may only be given when related to specific fact situations.
The website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
Accordingly, users should not act or refrain from acting because of information based on this website without first seeking appropriate medical or other professional advice from someone who is familiar with your particular circumstances. The information provided in or through our website is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own Medical Provider (including doctor/physician, nurse, physician’s assistant, or any other health professional), Mental Health Provider (including psychiatrist, psychologist, therapist, counselor, or social worker), or member of the clergy. Therefore, do not disregard or delay seeking professional medical, mental health or religious advice because of information you have read on this website or received from us. Do not stop taking any medications without speaking to your own Medical Provider or Mental Health Provider. If you have or suspect that you have a medical or mental health problem, contact your own Medical Provider or Mental Health Provider promptly.
Orange County Psychology is not responsible for personal choices or actions before, during or after use of our website. Any advice or other materials in the website are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your individual circumstances or personal condition. You understand that any mention of any suggestion or recommendation on or through our website is to be taken at your own risk, with no liability on our part, recognizing that there is a rare chance that illness, injury or even death could result. Any reliance you place on the information on this website is, therefore, at your own risk. Under no circumstances will Orange County Psychology or any of its partners or employees be liable for damages of any kind, including (without limitation) compensatory, direct, indirect, or consequential damages, loss of data, income or profit, loss of or damage to property and damages arising out of claims of third parties arising out of, or in connection with, the use of this website.
No Professional-Client Relationship
Neither this website, nor the information contained herein, is intended to create a relationship between you, the viewer, reader, recipient, or user, and Orange County Psychology. Such relationship can only be established by Orange County Psychology and upon consideration of possible conflicts of interest and other business, ethical and practical considerations, as well as specific terms and conditions of the representation. Furthermore, Orange County Psychology cannot accept you as a client unless and until we determine that there is a fit and until various requirements, such as fee arrangements are resolved. Thus, you recognize and agree that we have not created any professional-client relationship by the use of this Website.
To the extent permitted by law, Orange County Psychology will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the website.
Orange County Psychology makes no warranty that the functionality of the website will be uninterrupted or error-free, that defects will be corrected or that the website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
With respect to documents available from this server or other means of communication, neither Orange County Psychology nor any of its owners, employees or contractors, makes any warranty, express or implied, including the warranties of merchantability and fitness for a particular purpose, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately owned rights.
Blog disclaimer
This Website contains a personal blog. Any views or opinions represented in this blog are personal and belong solely to the blog owner and do not represent those of people, institutions, or organizations that the owner may or may not be associated with in professional or personal capacity, unless explicitly stated. Any views or opinions are not intended to malign any religion, ethnic group, club, organization, company, or individual.
All content provided on this blog is for informational purposes only. The owner of this blog makes no representations as to the accuracy or completeness of any information on this site or found by following any link on this site. The owner will not be liable for any errors or omissions in this information nor for the availability of this information. The owner will not be liable for any losses, injuries, or damages from the display or use of this information.
Indemnity
You agree to indemnify and hold Orange County Psychology and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Orange County Psychology arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this website.
Severance
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
Arbitration Clause
You agree that all disputes between you and us (whether or not such dispute involves a third party) with regard to your relationship with us, including without limitation disputes related to this user agreement, your use of the services, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association’s (“AAA”) rules for arbitration of consumer-related disputes and you and we hereby expressly waive trial in front of a judge or by jury. Rather, you and orange county psychology elect o have claims and disputes resolved by arbitration. The AAA rules are available online at www.adr.org. Rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights that you and we would have in court may not be available in arbitration. Not withstanding the foregoing, either you or orange county psychology may bring an individual action in a local “small claims” court, if permitted by that small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own individual capacity. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. You are giving up your right to participate as a class representative or class member on any class claim you may have against us including any right to class arbitration or any consolidation of individual arbitrations. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this User Agreement.
Choice of Law: Except to the extent they are preempted by U.S. federal law, the laws of California govern these Terms and any disputes arising out of or relating to these Terms or their subject matter, including tort claims. If any provision of these terms is found unenforceable, then that provision will be severed from these Terms and not affect the enforceability or validity of any provisions that remain.
Regarding Email to Orange County Psychology: You may email me for further information about the services I offer. If you choose to email me please understand that (1) Your email communications are not encrypted, (2) I cannot guarantee the security of email transmissions, (3) It is inadvisable to send me sensitive or private information by email, rather I suggest you use an alternative and more secure means such as telephone call, (4) No evaluation or treatment is or will be offered by internet communication, (5) I accept but cannot assure you whether or when I will respond to email communications, and (6) If I do respond, there may be a delay, so do not use email for any urgent matters.
Questions about the terms of services should be sent to: contact@orangecountypsychology.org
