The Mental Health Solution . com
"The entrance of thy words giveth light (Psalm 119:130)."

Terms of Use Agreement

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Effective Date: This Terms of Use Agreement was last updated on 1/3/2015

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This Terms of Use Agreement sets forth the standards of use of the TheMentalHealthSolution.com Online Service. By using the TheMentalHealthSolution.com Website, you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the TheMentalHealthSolution.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Description of Service

TheMentalHealthSolution.com is owned by James Serio. TheMentalHealthSolution.com/James Serio is providing Member with information and personal opinion on subjects including, but not necessarily limited to, Christianity, mental health and physical health. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees relate with such connection.

2. Disclaimer of Warranties.

The site is provided by James Serio on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, James Serio/TheMentalHealthSolution.com makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. James Serio/TheMentalHealthSolution.com shall have no liability for any interruptions in the use of this Website. James Serio/TheMentalHealthSolution.com disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore--in such jurisdictions--the above-referenced exclusion is inapplicable.

3. Limitation of Liability

James Serio/TheMentalHealthSolution.com SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR James Serio/TheMentalHealthSolution.com SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF James Serio/TheMentalHealthSolution.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE IN SUCH CASES.

4. Indemnification

Member agrees to indemnify and hold James Serio/TheMentalHealthSolution.com, as well as any affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, or any intellectual property or any other right of any person or entity.

5. Modifications and Interruption to Service

James Serio/TheMentalHealthSolution.com reserves the right to modify or discontinue the Service with or without notice to the Member. James Serio/TheMentalHealthSolution.com shall not be liable to Member or any third party should James Serio/TheMentalHealthSolution.com exercise its right to modify or discontinue the Service. Member acknowledges and accepts that James Serio/TheMentalHealthSolution.com does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

6. Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants, ministries and other third parties. You acknowledge and agree that we are not responsible for the availability of, or the content located on or through, any third-party site. You acknowledge and agree that we are not responsible, in any way, for the services you may receive, either directly or indirectly, as a result of visiting any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites or the services provided or recommended by such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.

7. Disclaimer Regarding Accuracy of Vendor Information

Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While James Serio/TheMentalHealthSolution.com makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website. James Serio/TheMentalHealthSolution.com makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

8. Governing Jurisdiction of the Courts of the State of California

Our website is operated and provided in the State of California. As such, we are subject to the laws of the State of California, and such laws will govern this Terms of Use Agreement, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site, you agree to do so subject to the internal laws of the State of California.

9. Compliance with Laws.

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

10. Copyright and Trademark Information.

All content included or available on this site is © 2017James Serio with all rights reserved, and/or of third parties protected by intellectual property rights. Content from the TheMentalHealthSolution.com website which is the property of James Serio—and is not the property of any third party1—may be accurately reproduced and/or accurately translated for any non-commercial use provided the following statement is included: © James Serio 2017/TheMentalHealthSolution.com. Used by permission. All rights reserved. If such content is posted on the internet, the copyright statement must include a recognizable link to this website's Home Page (http://www.thementalhealthsolution.com/index.html). Furthermore, churches, ministries, non-profit organizations and rehabilitation programs—including for profit entities—may accurately reproduce and/or accurately translate material from this site for their use providing the aforementioned limitations and requirements are observed and the material reproduced is not sold. Any other use is prohibited without prior written authorization. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of James Serio is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of James Serio.

All other trademarks displayed on the TheMentalHealthSolution.com website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with James Serio/TheMentalHealthSolution.com.

11. Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, James Serio/TheMentalHealthSolution.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Mail

James Serio
P.O. Box 20370
El Cajon, CA 92021

By Email: jimserio54@gmail.com

12. Additional terms

Member acknowledges that use of this site does not constitute "therapy" and that no therapeutic relationship is established.

Member acknowledges that James Serio/TheMentalHealthSolution.com may or may not pre-screen content submitted and that James Serio/TheMentalHealthSolution.com shall have the right--but not have any obligation--in his sole discretion--to pre-screen, edit, modify, remove or refuse any content submitted that violates this Terms of Use agreement, is deemed objectionable, or is deemed unsuitable for publication. Furthermore, member agrees to assume all risks and hold James Serio/TheMentalHealthSolution.com harmless in regard to comments and information provided by the public.

Member also agrees that member's right to use this website may be restricted or terminated at any time, without notice, if member submits content that is deemed objectionable or inappropriate or member, in any way, violates this Terms of Use Agreement.

Furthermore, member agrees that any content submitted may be published without compensation, with or without modification and with or without member's name.

Member agrees that member has the responsibility to evaluate and bear all risks associated with the use of any content on the TheMentalHealthSolution.com website including, but not limited to, any reliance on the correctness, completeness, usefulness or accuracy of such content.

Without limiting the foregoing, Member also agrees as follows: 1) If member believes that member may have a mental health problem, member agrees that member should be promptly evaluated by a licensed mental health professional. Member agrees that use of this website is not a substitute for such an evaluation. 2) Furthermore, member agrees that member should consult with a licensed health, mental health, dental, financial, legal or other appropriate licensed professional in regard to their individual situation prior to utilizing information provided or suggestions given as a result of using the TheMentalHealthSolution.com website.

MEMBER RECOGNIZES AND ACKNOWLEDGES THAT THIS WEBSITE DOES NOT PROVIDE ANY MEDICAL ADVICE. Therefore, member recognizes, agrees to and acknowledges that member is responsible for the following standards of conduct in regard to the information and opinions provided on this website:
Information on the TheMentalHealthSolution.com website is provided for informational purposes only and is not intended as a substitute for the advice provided by your doctor or other healthcare professional or any information contained on or in any product label or packaging. You should not use the information provided by this website for diagnosing or treating a physical or mental health problem or disease, or prescribing any medication or other treatment. You should always speak with your doctor or other healthcare professional before taking any medication or nutritional or herbal supplement, or adopting any treatment for a health problem. For any products or services purchased from this website or its vendors, you should carefully read all product packaging and instructions. If you have or suspect that you have a medical or mental health problem, promptly contact a licensed health or mental health professional. Never disregard professional medical advice or delay in seeking professional advice because of something you have read on this website. Information provided on the TheMentalHealthSolution.com website and the use of any products or services purchased from this website or its vendors by you DOES NOT create a doctor-patient, therapist-client or other professional relationship. Member recognizes that James Serio is NOT a doctor.

Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.

Our website is operated and provided in the State of California. As such, we are subject to the laws of the State of California, and such laws will govern this Terms of Use Agreement, without giving effect to any choice of law rules. Accordingly, if you choose to access our site, you agree to do so subject to the internal laws of the State of California.

Member agrees that, in the event that James Serio/TheMentalHealthSolution.com becomes aware of possible illegal activity, James Serio/TheMentalHealthSolution.com shall have the right--but no obligation--to inform law enforcement or any governmental community service agency.

13. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by James Serio/TheMentalHealthSolution.com, in his sole discretion, to a third party in the event of an acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member.

1 Most of the content on this Terms of Use and on our Privacy Policy is not the property of James Serio.

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