This Agreement sets and contains all of the terms and conditions between a user of insideoutetc.com.au services (“Member”) and Insideoutetc. By clicking on the “Yes” button and then on the “Continue” button to submit the Member registration form, a binding agreement will be executed between you and Insideoutetc. The Member should therefore read this Agreement carefully. If, however, you (the Member) do not agree to be bound by this Agreement, click on the “No” button. In such case you will not be able to register as a Member at insideoutetc.com.au
Definition of Service
Insideoutetc.com.au provides a venue where a Member can locate a Contact Companion and ask for advice or services. Insideoutetc will enable a Member to communicate with a Contact Companion and to pay Insideoutetc for services he or she will receive from such Contact Companions. The specific features and functionality of the site are to be determined solely by Insideoutetc and are subject to change or termination without notice. Insideoutetc makes no representation or warranty whatsoever as to the willingness or ability of any Contact Companion to give advice, or that the Member shall find the advice given by a Contact Companion satisfactory, or that it will provide an adequate solution to his or her question, or otherwise be suitable to his or her needs. A Member is encouraged to verify the skills, degree and background of those Contact Companions from whom he or she receives or contemplates to receive advice or services.
Member Warranties
By submitting the Member registration form, the Member warrants and declares the following:
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He or she is at least 18 years of age or a legally organised entity, that he or she is authorized to represent the person or entity that is submitting a Member registration, and that he or she is authorized to sign the registration form on its behalf and bind it;
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The information furnished in the registration form is accurate, true and complete, and to maintain and update such information during the term of this Agreement so that it will remain true, accurate, current and complete.
Member's Conduct
Member will be solely and fully liable for all conduct, postings and transmissions that are made under his or her user name and password. The Member warrants and declares that while he or she is using Insideoutetc.com.au he or she will act according to the following rules:
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Member will have the sole responsibility to verify the Contact Companions identity, qualifications, biographic information, licenses held, and other information delivered to him or her by a Contact Companion;
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Insideoutetc does not control the quality or relevance of the advice, whether the Contact Companion is qualified to provide the specific advice, whether the Contact Companion is categorized correctly or in the most appropriate category to provide the advice sought by the Member, the accuracy of any postings on the Site or transmissions through it by Members or Contact Companions or advice. In addition, Insideoutetc cannot and will not make any effort to verify the identify of any of the Contact Companions;
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Member agrees that any information or content that he or she posts or transmits or receives through Insideoutetc.com.au will not be considered confidential. Member grants Insideoutetc.com.au an unlimited, irrevocable, royalty-free license to use, reproduce, display, edit, copy, transmit, publicly perform, create derivative works, or communicate to the public any such information and content on a world-wide basis;
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Member will not mislead Insideoutetc in order to avoid paying for a service;
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All interactions between Member and Contact Companion will be billed through Insideoutetc regardless if the interaction is online or offline. Member agrees to abide by the pricing terms of $25 for each 20 minute block of service time agreed upon with Insideoutetc while utilizing Insideoutetc.com.au ;
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Member will not take any actions that may undermine, disrupt or manipulate the integrity of the Member feedback comment system on the Site; Insideoutetc may change the fee for service at any time and without warning. Insideoutetc also reserves the right to exclude without explanation any comment that we think may compromise the integrity of the member feedback system.
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Member will not to interfere with or disrupt the Insideoutetc.com.au servers or networks connected to the Site;
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Member will not attempt to gain unauthorized access to other computer systems or networks connected to the Site, and will not transmit “junk mail”, “spam”, or any unsolicited mass distribution of email or bulletin board postings;
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Member will not transmit through the Service any unlawful, harassing, libelous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful, or otherwise objectionable material of any kind;
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Member will not disobey or breach this Agreement or any other applicable instructions conveyed by Insideoutetc and its officers;
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Member will not violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code;
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Member will not upload, post, e-mail, transmit or otherwise make available any information or material that infringes upon a third party right, especially intellectual property rights;
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Member will not upload, post, e-mail, transmit or otherwise make available any third party advertisements, including banner exchange services;
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Member will not upload, post, e-mail, transmit or otherwise make available software viruses, Trojan horses, worms or any other malicious application;
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Insideoutetc enables the transfer of files between Members and Contact Companions. When opening such file attachments received from Contact Companions it is the Member's responsibility to scan them with an anti-virus software application prior to opening them;
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Member will not impersonate any person or entity, or make any false statement regarding his or her employment, agency or affiliation with any person or entity;
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Member will not stalk, threaten or harass Contact Companions or other Members or infringe upon or attempt to infringe upon their privacy;
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Member will not upload, post, e-mail, transmit or otherwise make available any information or material which may constitute or encourage conduct that is a criminal offence or civil wrong or otherwise violates any applicable law;
Insideoutetc may review the Member's personal profile and amend any typing or spelling errors. Insideoutetc cannot and will not examine the validity or accuracy of the details in the Member's personal profile or in any of the Member's postings or transmissions. However, Insideoutetc may, in its absolute discretion, refuse to post, transmit or remove any content uploaded by the Member. Without derogating from the above, Insideoutetc may remove any content violating this Agreement. The Member will bear all the risks associated with the uploading and transmitting of material while utilizing Insideoutetc.com.au, including reliance on its accuracy, reliability or legality.
Member and Insideoutetc fees
Insideoutetc will use reasonable efforts to process the payments due from the Member according to the terms agreed upon between the Member and a Contact Companion within fourteen (14) working days from the execution date of each transaction.
Member is obligated to report to Insideoutetc in cases when he or she was billed directly by a Contact Companion (i.e. not through Insideoutetc). Such report should include a description of the service that was rendered by the Contact Companion and the price charged.
Time charges to Members are based on increments of 20 minutes as measured on Insideoutetc's servers. Charges to Members are rounded up so that any part of a 20 minute block is considered a full 20 minute of time charges. Insideoutetc's billing system is not fault-free or flexible; therefore Insideoutetc shall not be liable for any problems, miscalculations or malfunctions in processing the payments owed by the Member. If the Member thinks that a mistake has occurred he or she may send his or her complaint to accounts@insideoutetc.com.au
User Name and Password
Member is responsible for maintaining the confidentiality of the means that were given to him or her in order to use the Site, including password, user name, etc, and is fully responsible for all activities that occur under such means. Member will immediately notify Insideoutetc of any unauthorized use of Member's password, user name, e-mail, or any other breach of security. Insideoutetc encourages Member to change his or her password at least once a month.
Privacy
Member does not have to furnish the information required for registration to Insideoutetc.com.au. However, without that information Member will not be able to use the services of Insideoutetc.com.au. Insideoutetc is the sole owner of the information collected on this Site. Insideoutetc will not sell, share, or rent this information to others in ways different from what is disclosed in this Agreement.
In order to use Insideoutetc.com.au, both Members and Contact Companions must first complete a registration form. During registration the Member is requested to furnish contact information, such as name and email address. This information may be used to contact the Member about the services on Insideoutetc.com.au in which he or she has expressed interest, and is also used as Member's login information. Member may be asked to provide additional personalized information (such as experience and qualifications, areas of interest, profession, education, etc.) and unique identifiers (such as a screen name), so Insideoutetc may provide a more personalized experience on the Site. In such case the Member may decide whether he or she wishes to provide such information or not.
The information furnished by the Member during the registration process will be kept in Insideoutetc's database. Insideoutetc will use reasonable means to protect the integrity and safety of the database. However, such means are not fault-proof and Insideoutetc will therefore not be liable for any direct, indirect, consequential or incidental damage that the Member may sustain due to unauthorized intrusion of the database.
The main purpose of Insideoutetc is to allow the Member to look for Contact Companion available times that may give the Member notification of the availability of a service that he or she seeks. Insideoutetc does not screen or edit the content of communications between Contact Companions and Members, but Insideoutetc may copy, transmit and review communications conducted by or through Insideoutetc.com.au for technical support and/or in order to uphold these Terms of Service. Such communications are personal and private unless both parties agree to additional distribution. Currently, Email and phone communications between Members and Contact Companions are not encrypted and thus may be more susceptible to unauthorized monitoring.
The actual relaying of a service to a Member by a Contact Companion are not available to other Insideoutetc Members and Contact Companions, and are confidential between Contact Companion and Member. Insideoutetc uses IP addresses to analyze trends, administer the site, track a Member's movement, and gather broad demographic information for aggregate use. IP addresses are also linked to personally identifiable information in order to improve the Member's experience when using the Site. Insideoutetc may also retain any emails, letters, or other correspondence between the Member and Insideoutetc to ensure quality control and the best possible service, although it has no obligation to do so.
Insideoutetc makes use of cookies to store information. A cookie is a piece of data stored on the Member's hard drive containing information about the Member. For instance, by accepting a cookie by Insideoutetc.com.au, the Member will not have to enter his or her login information (his or her email and password) every time he or she logs into his or her account, thereby saving time while on Insideoutetc.com.au If the Member rejects the cookie, he or she may still use Insideoutetc.com.au; Member will simply have to login each time he or she visits the Site. Cookies can also be used to enable Insideoutetc to track and target the interests of the Member in order to enhance his or her experience on insideoutetc.com.au. Of course, if the Member shares his or her computer with others, others may be able, with certain browsers or under certain circumstances, to read the Member's communications with Contact Companions and insideoutetc.com.au.
Insideoutetc may use the information furnished by the Member, as well as information that it collects regarding use patterns and transactions that are conducted through insideoutetc.com.au, in order to improve insideoutetc.com.au, to analyze statistical information regarding insideoutetc.com.au, and to furnish such statistics to third parties, including advertisers. Information furnished to third parties will not identify the Member personally.
Insideoutetc may from time to time send e-mail advertisements to Members, whether the material is its own or is commercial information furnished by third parties. Member is given the opportunity to 'opt-out' of having his or her information used for purposes not directly related to insideoutetc.com.au at the point when Insideoutetc asks for such information. Insideoutetc's registration form has an 'opt-out' mechanism to allow for removal from newsletters, promotions, etc., and Members can always choose to 'opt- out' by following the appropriate procedure from within the Member's Insideoutetc registration page.
Testimonials and or reviews provided by Members on Insideoutetc.com.au are public and are identified by the Member's Screen Name.
Insideoutetc reserves the right to partner with another party to provide specific services. When the Member signs up for these services, Insideoutetc will share names, or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services or as otherwise specified in the registration process for such services.
Insideoutetc may assign, transfer, rent, sell or lease its database, without giving the Member any prior notice, to any other subsidiary of Insideoutetc's holding company, Insideoutetc's subsidiaries and, in any case of merger or bankruptcy to the surviving entity after such merger or bankruptcy or to any third party that will ratify Insideoutetc's privacy policy. Insideoutetc may divulge to a third party personally identifiable information and transaction details according to a judicial writ, demands of governmental authorities, and in any legal proceedings between Insideoutetc and the Member. In addition, Insideoutetc may disclose personally identifiable information to the Contact Companion or to public authorities to deal with emergency situations or situations where the Member's safety may be in jeopardy.
Insideoutetc may, in its discretion, create co-branded web sites with its partners. In such case the Member listings may appear in the co-branded site. Unless Member agrees otherwise, all personally identifiable information is stored solely by Insideoutetc. Insideoutetc does record an affiliate web site from which a visitor has linked to Insideoutetc. If a visitor registers to become a Contact Companion and/or a Member, Insideoutetc may track the partner's name in order to further the relationships Insideoutetc has with its affiliates.
If a Member wishes to update his or her personally identifiable information, such as a mailing address, or if a Member no longer desires Insideoutetc's service, Insideoutetc will endeavour to provide a way to correct, update or opt-out of any of Insideoutetc's services. This can usually be done from within the Member's Insideoutetc registration page, or by emailing our Customer Support at support@insideoutetc.com.au
If the Member has any questions about Insideoutetc's privacy statement, the practices of Insideoutetc.com.au, or your dealings with Insideoutetc, please contact: support@insideoutetc.com.au
Content
Insideoutetc.com.au may contain content, including financial information, provided by third parties. Such content is provided for informational purposes only and is not intended for trade or investment purposes. Insideoutetc does not warrant the validity, accuracy, or availability of the content and Contact Companion advice and it will not be liable for any damages sustained due to reliance on such information or advice.
The information furnished by Contact Companions is intended for general reference purpose only. The consultation with Contact Companions via Insideout.com cannot and does not replace a meeting with a professional. Member is encouraged to verify the information furnished by Contact Companions. Any information on Insideoutetc.com.au and information furnished by Contact Companions is not intended to offer a solution for a specific problem and must be considered as general in nature. ANY RELIANCE ON SUCH INFORMATION IS DONE AT THE MEMBER'S FULL AND SOLE LIABILITY.
Links to web sites
Insideoutetc.com.au may contain links to web sites operated by third parties. Insideoutetc has no control over such sites and the information provided in them. The Member acknowledges and agrees that Insideoutetc is not responsible for the availability of such third party web sites and will not be responsible or liable for any content, advertising, products, privacy policy or other materials contained therein. The Member warrants and agrees that Insideoutetc will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, products or services available on or through any third party web sites. Insideoutetc encourages the Member to be aware when he or she leaves Insideoutetc.com.au and to read the privacy statements of each and every web site that collects personally identifiable information.
Advertisements
Insideoutetc may include in insideoutetc.com.au advertisements on its own behalf or paid advertisements on behalf of interested companies and/or individuals. By clicking on the advertisements, the Member may be shifted to a web site of the advertiser or receive other messages, information or offers from the advertiser.
The Member acknowledges and agrees that Insideoutetc is not liable for the privacy practices of advertisers or the content of their web sites, information, messages or offers. The Member is wholly liable for all communications with advertisers and for all transactions subsequently executed.
Modifications and Termination of Insideoutetc.com.au
Insideoutetc reserves the right to modify or discontinue, temporarily or permanently, the services in insideoutetc.com.au, with or without notice to Member. Member agrees that Insideoutetc shall not be liable to Member or any third party for any modification or discontinuance of Insideoutetc.com.au services, or for any losses or damages that may result to Member from such discontinuation or interruption of service.
Insideoutetc's services depend on various factors such as software, hardware and communications networks of Insideoutetc, its contractors and suppliers. Hence, Insideoutetc cannot guarantee that Insideoutetc.com.au's service will be uninterrupted or that it will be timely, secure or error-free.
Insideoutetc, in its sole discretion and for any reason, may terminate Member's participation in Insideoutetc.com.au and refuse any and all current or future use by Member of Insideoutetc.com.au.
Intellectual Property
Insideoutetc is the sole owner of all the intellectual property, and in particular the copyright, trademarks, database and patents, in Insideoutetc.com.au and in any software, application, graphics, text and other materials used therein, including the organization and selection of the materials contained therein.
Insideoutetc.com.au contains copyrighted material, trade secrets and proprietary information owned by Insideoutetc. This Agreement does not grant the Member any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), domain names or any other rights, functions or licenses in respect of Insideoutetc.com.au. The Member may not create derivative software based upon any trade secret, intellectual property or proprietary information of Insideoutetc. Furthermore, the Member may not sub-license, assign, transfer, sell or make any other commercial use of his or her membership in Insideoutetc.com.au.
The Member may not adapt or use any trademark or trade name, domain name similar to or likely to be confused with that of Insideoutetc's and Insideoutetc.com.au, or take any other action that infringes upon or impairs Insideoutetc's trademark rights.
Insideoutetc shall retain all ownership in and to Insideoutetc.com.au and all content displayed on the Insideoutetc.com.au including copies of data transferred or received by Member through the Site.
Copyright Policy:
Insideoutetc respects the intellectual property of others, and we ask our users to do the same.
Insideoutetc may, in appropriate circumstances and at its discretion, terminate the account or access of users who infringe the intellectual property rights of others.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Insideoutetc's Copyright Agent the following information:
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an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
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a description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
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a description of where the material that you claim is infringing is located on the site, including the URL;
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your address, telephone number, and email address;
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a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
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a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Insideoutetc's Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
Copyright Agent By email: copyright@insideoutetc.com.au
Limited License
Insideoutetc grants Member a nonexclusive, revocable right to use the Site provided that Member does not copy, modify, create a derivative work of, reverse engineer or otherwise attempt to discover any source code thereof, or breach this Agreement.
Disclaimer of Warranty and Limitation of Liability
THE MEMBER ACKNOWLEDGES AND AGREES THAT INSIDEOUTETC.COM.AU IS PROVIDED “AS IS”, AND THEREFORE HE OR SHE WILL NOT HAVE ANY CLAIM OR DEMAND VIS-A-VIS INSIDEOUTETC IN RESPECT TO INSIDEOUTETC.COM.AU'S PROPERTIES, LIMITATIONS OR COMPATIBILITY WITH THE MEMBER'S NEEDS. THE USE OF INSIDEOUTETC.COM.AU IS AT THE MEMBER'S SOLE RISK, WITHOUT WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
INSIDEOUTETC EXPRESSLY DISCLAIMS ALL WARRANTIES FOR INFORMATION POSTED OR TRANSMITTED BY CONTACT COMPANIONS. IF A MEMBER DECIDES TO RELAY INFORMATION PROVIDED BY A CONTACT COMPANION FOLLOWING THE USE OF INSIDEOUTETC.COM.AU, HE MUST EXERCISE A HIGH STANDARD OF CARE. THE MEMBER SHALL NOT HAVE ANY CLAIM OR DEMAND VIS-A-VIS INSIDEOUTETC, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, SUB-CONTRACTORS AND AGENTS IN RESPECT TO ANY SERVICE OR ADVICE HE DECIDES TO RECEIVE AND/OR RELAY FURTHER. INSIDEOUTETC WILL NOT BE DEEMED THE PROVIDER OR RECIPIENT OF ANY SERVICES ACQUIRED THROUGH INSIDEOUTETC.COM.AU THE SALE OR PURCHASE OF SERVICES IS EFFECTED AT THE MEMBER'S SOLE RISK.
UNDER NO CIRCUMSTANCES WILL INSIDEOUTETC, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS, CONTRACTORS AND SUB-CONTRACTORS BE LIABLE TO ANY MEMBER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING FROM ANY PROVISION OF THIS AGREEMENT. INSIDEOUTETC, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS AND SUB-CONTRACTORS' AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY MEMBER TO CONTACT COMPANIONS THROUGH INSIDEOUTETC.COM.AU IN THE SIX MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE. MEMBER ACKNOWLEDGES AND AGREES THAT INSIDEOUTETC DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION BROUGHT BY A CONTACT COMPANION IN CONNECTION WITH PAYMENT FOR HIS OR HER SERVICES BY THE MEMBER AND MEMBER AGREES TO INDEMNIFY AND HOLD INSIDEOUTETC HARMLESS IN CONNECTION WITH ANY SUCH CLAIM.
INSIDEOUTETC WILL NOT BE LIABLE FOR ENFORCING ANY AGREEMENT THAT WAS MADE BETWEEN A CONTACT COMPANION AND A MEMBER, INCLUDING A MEMBER FEE AGREEMENT. MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY AGREEMENT MADE WITH A CONTACT COMPANION.IN THE EVENT OF A DISPUTE REGARDING ANY TRANSACTION CONDUCTED THROUGH INSIDEOUTETC.COM.AU, THE MEMBER HEREBY RELIEVES INSIDEOUTETC, ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS, CONTRACTORS AND SUB-CONTRACTORS FROM ALL MANNER OF ACTIONS, CLAIMS OR DEMANDS AND FROM ANY AND ALL LOSSES (DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL), DAMAGES, COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEYS' FEES, WHICH MEMBER MAY HAVE AGAINST ONE OR MORE OF THE ABOVE.
Interactions with Mental Health Professionals and other Contact Companions
If a Member chooses to interact with a mental health professional (the term “mental health professional” includes, but is not limited to, psychiatrists, psychologists, arts therapists, counselors and social workers) on the Site, the Member relationship (as with all other Contact Companions) is strictly with the mental health professional and Insideoutetc is not involved in any way with the substance of that relationship or the advice or information given therein. Insideoutetc does not endorse or recommend any mental health professional or other Contact Companion on the Site. Member understands that it is his or her responsibility to check the certification and/or licensing of the mental health professional and other Contact Companions with the applicable state licensing Board or authorities in the Mental Health Professional's and Contact Companion's state or country.
Member acknowledges that neither the mental health professionals on the Site nor other Contact Companions are employees or agents of Insideoutetc and Insideoutetc assumes no responsibility for any act or omission of any mental health professional or other Contact Companion. Member understands and agrees that, although a mental health professional or other Contact Companion may have been accessed through the Site, Insideoutetc cannot predict or assess the competence of, or appropriateness for Member's needs, of the mental health professional or other Contact Companion. Member also understands that Member takes full responsibility for the decision to access a mental health professional or other Contact Companion through the Site and to continue to interact with the mental health professional or other Contact Companion, and that the role of Insideoutetc is strictly limited to providing access to mental health professionals and other Contact Companions and their services for Member's consideration.
Member hereby releases and agrees to hold harmless Insideoutetc, its directors, officers, employees, agents, contractors, sub-contractors, successors, advisors, consultants, and assigns from any and all causes of action and claims of any nature resulting from the acts of mental health professionals or other Contact Companions accessed through the Site.
The content on the Site is provided for general information purposes only and is not intended in any way to be a substitute for face-to-face professional advice.
IF YOU ARE THINKING ABOUT SUICIDE OR FEEL THAT YOU MAY BE
A DANGER TO YOURSELF OR TO OTHERS, PLEASE IMMEDIATELY
CALL 000 (OR THE RELEVANT EMERGENCY NUMBER IN YOUR
COUNTRY) AND NOTIFY THE POLICE OR EMERGENCY MEDICAL
SERVICES.
Opinions of the mental health professionals and other Contact Companions are solely their opinions, and not those of Insideoutetc. Insideoutetc does not assume any liability or responsibility for the accuracy of the content on the Site, including the biographical information of the mental health professionals or other Contact Companions. Insideoutetc does not assume any liability or responsibility for damage or injury to persons or property arising from the use of any information or advice given by a Contact Companion.
Indemnification
Member shall indemnify, defend and hold harmless Insideoutetc, and its employees, representatives, agents and affiliates against any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys' fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against Insideoutetc or such party, to the extent that such claim, suit, action or other proceeding is based on or arises from: (a) any breach of any representation, warranty, covenant or agreement to be performed by Member according to this Agreement; (b) Member's refusal to pay for services provided by any Contact Companion; or (c) any materials that Member had posted to Insideoutetc.com.au or transmitted through it, and/or any content on Member's Web site or otherwise provided by Member.
Notice
Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail, return receipt requested, or electronic mail. The date of receipt shall be deemed the date on which such notice is given.
No Assignment
Member shall not assign his or her rights and obligations according to this Agreement, in whole or in part, whether voluntarily or by operation of law, without the prior, written consent of Insideoutetc. Any purported assignment by Member without the appropriate prior written approval will be null and void and of no force or effect.
Modifications to this Agreement
Insideoutetc may change this Agreement or any part hereof at any time according to its absolute discretion and without any prior notice. Therefore, Member is encouraged to check the terms of this Agreement frequently. By using the service or Site after the changes, Member agrees to be bound by such changes to this Agreement.
Miscellaneous
Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement shall be interpreted only in accordance with the laws of the State of Queensland, Australia (excluding any rules governing choice of laws), and any legal proceeding arising out of this Agreement will occur exclusively in the state and federal courts located in Brisbane, Queensland. This Agreement will be binding and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between Insideoutetc and Member with respect to the subject matter hereof, and Member has not relied upon any promises or representations by Insideoutetc with respect to the subject matter except as set forth herein. Insideoutetc.com.au services are not open to Members who live in a country that is prohibited by law, regulation, treaty or administrative act from entering into trade relations with Australia.
No amendment to this Agreement will be effective unless made in writing. The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.
Violation
Last Updated: January 02, 2008