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1. OWNERSHIP; COPYRIGHT. ©Behavioral Tech, 2003-2017. All rights reserved. Except where otherwise indicated, everything featured or displayed on the Site, including, but not limited to, each of its modules, Dialectical Behavior Therapy presentation materials, resource materials, text, graphics, photographs, images, moving images, sound and illustrations (the “Content”), belongs to BTECH, its licensors, and its content providers; and is protected by copyright, trade dress, moral rights, trademark and other laws, to the fullest extent applicable under both United States and foreign laws. Unauthorized use of the Content available on the Site could subject you to liability under copyright, trademark, trade dress, unfair competition, and other laws of the United States. Except as otherwise provided herein, none of the Content, including downloadable materials, may be sold, translated, or modified, or used for commercial purposes, without the expressed written permission of BTECH and/or its third party providers or companies.
BTECH authorizes you to copy Content on this Site to a hard drive solely for the purpose of viewing and using the Site on your computer. You may also print portions of the Site in hard copy for the sole purpose of facilitating your personal, noncommercial use, and retention of information from the Site. In cases where completion of a training or workshop is required to access portions of these resources, permission for use is granted only to those individuals and their team members who have completed the specified training or workshop. BTECH neither warrants nor represents that your use of the Content or the Site will not infringe rights of third parties. You may not sell or modify the Content or reproduce, republish, display, publicly perform, distribute, or otherwise use the Content or the Site in any way for any public or commercial purpose. Unauthorized use of the Content or the Site on any other web site or in a networked computer environment for any purpose is prohibited.
2. TRADEMARKS. All of the trademarks, logos, and service marks appearing on the Site (the “Trademarks”) are the registered and unregistered trademarks of BTECH and other third parties, protected under the laws of the United States and other countries. Without the prior written permission of the trademark owner, you may not use or display the Trademarks in any manner.
Use on the Site of the trademark(s) of any other party is not intended to imply BTECH’s affiliation with or endorsement of that party, or that party’s sponsorship or endorsement of BTECH, its products or services.
3. AGE AND RESPONSIBILITY. You represent that you are of sufficient legal age to use this Site and to create binding legal obligations for any liability you may incur as a result of the use of this site. You understand that you are financially responsible for all uses of this Site by you and those using your login information. If any of the services on the Site requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify BTECH immediately of any unauthorized use of your account or any other breach of security. BTECH will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by BTECH or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
4. LINKS TO OTHER SITES. The Site may contain links to sites not operated or maintained by BTECH. These links are provided solely as a convenience to you and not as an endorsement by BTECH of the content of such third party sites. BTECH is not responsible for the content of the sites of others and makes no representation regarding the content or accuracy of materials on such sites. If you decide to access linked third-party sites, you do so at your own risk, and waive any and all claims against BTECH regarding the inclusion of links to outside sites or your use of those sites. The third party sites may contain user agreements or terms and conditions and privacy policies to which you are subject while using those sites. We encourage you to become familiar with these policies of when you access that site. BTECH reserves the right to terminate any link or linking program at any time.
5. UNSOLICITED SUBMISSIONS/FEEDBACK. BTECH does not accept or consider unsolicited ideas, including ideas for new therapies, training methods, products, services, technologies, processes, marketing plans or new product names. Please do not send any original artwork, samples, demos or other works. If you do send such materials, BTECH makes no assurances that your ideas and materials will be treated as confidential or proprietary. Any feedback you provide on this Site will be deemed non-confidential. BTECH is free to use such information on an unrestricted basis.
6. EXCLUSION OF WARRANTY. Your use of the Site is at your own risk. While BTECH uses reasonable efforts to ensure the accuracy, correctness, and reliability of the Site’s content, its officers, board members agents, employees, affiliates, successors and assigns (“BTECH Parties”) make no representations or warranties as to the accuracy, reliability, completeness, or timeliness of any information or material on the Site. BTECH reserves the right, in its sole discretion, to cancel any workshop, and modify or substitute, without notice, course presenters or speakers, and any related materials. Further, BTECH Parties make no representation of any kind that all content, materials and services on the Site are appropriate or available for use in all geographic locations, especially some locations outside the United States, and accessing such from certain locations may be illegal and prohibited. Those accessing the Site from such locations act on their own initiative and we are not responsible for their compliance with applicable laws.
BTECH PARTIES DO NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THIS SITE AND ITS SERVER(S) ARE FREE OF COMPUTER VIRUSES AND/OR OTHER HARMFUL MATERIALS. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, BTECH PARTIES ARE NOT RESPONSIBLE FOR THOSE COSTS. THE SITE, THE PRODUCTS AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. BTECH PARTIES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. BTECH PARTIES MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, TEXT, GRAPHICS, AND/OR LINKS APPEARING ON THE SITE.
7. LIMITATION OF LIABILITY. IN NO EVENT SHALL BTECH PARTIES, OR THIRD PARTY PROVIDERS OR DISTRIBUTORS, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH (I) ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, OR (II) THE PERFORMANCE OR NON-PERFORMANCE BY BTECH PARTIES OR THIRD PARTY PROVIDERS OR DISTRIBUTORS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY OTHER PARTY.
REMEDY: IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY PORTION THEREOF, YOUR EXCLUSIVE REMEDY SHALL BE TO CEASE USING THE SITE.
Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
8. INDEMNIFICATION. You agree to defend, indemnify, and hold harmless BTECH Parties and third party providers and distributors from and against any claim or cause of action brought by or on your behalf or by third parties as a result of your use of this Site or any content contained on this Site.
9. GOVERNING LAW. This Agreement and its performance shall be governed by the laws of the State of Washington, United States of America without reference to its laws relating to conflicts of laws. You consent and submit to the exclusive jurisdiction of the state and federal courts located in King County, the State of Washington, United States of America, in all questions and controversies arising out of your use of the site and this Agreement.
10. ASSIGNMENT. You may not assign, convey, subcontract, or delegate your rights, duties, or obligations hereunder.
11. MODIFICATION. BTECH may at any time modify these terms and conditions and your continued use of this site will be conditioned upon the terms and conditions in force at the time of your use.
12. ADDITIONAL TERMS. Additional terms and conditions may apply to purchases of goods and services and other uses of portions of this site, and you agree to abide by such other terms and conditions.
13. SEVERABILITY. These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
14. HEADINGS. The heading used in these Terms and Conditions are included by convenience only and will not limit or otherwise affect these Terms and Conditions.
15. ENTIRE AGREEMENT. These terms and conditions contain the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing.
17. COPYRIGHT. If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, you may notify BTECH.
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