Terms of Use
Terms of Use
Anita Vaccaro (“Anita Vaccaro M.A”) welcomes you to its website. By using or visiting our website, you are agreeing to the following terms and conditions as well as the Anita Vaccaro M.A. Privacy Policy. If you do not agree to any of these terms, then please do not use our website as your continued use shall constitute your acceptance of our Terms of Use.
This website is intended for use by the public for viewing and retrieving information only, or for posting content through the chat or threaded discussion modules. Unauthorized attempts to upload information or change information on this service are strictly prohibited and may be punishable under the Computer Fraud and Abuse Act of 1986. These Terms of Use apply to all users of the website, including users who are also contributors of any content, photographs, articles, information, and other materials or services on the website. Our website may contain links to third party websites that are not owned or controlled by Anita Vaccaro M.A., and Anita Vaccaro M.A. has no control over, nor assumes responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Anita Vaccaro M.A. will not and cannot censor or edit the content of any third-party website. By using our website, you expressly assume individual responsibility and relieve Anita Vaccaro M.A. from any and all liability arising from your use of any third-party website. Anita Vaccaro M.A. hereby grants you permission to use our website provided that you do not copy or distribute any part of our website without Anita Vaccaro M.A.’s prior written authorization, and you otherwise comply with the terms and conditions of these Terms of Use.
Intellectual Property Rights
The content on our website, except all User Submissions (as defined herein), including without limitation, text, data, graphics, logos, button icons, images, audio, video, software, photographs, graphs, typefaces and other materials which are or may be included on this website (the”Content”) and the trademarks, service marks and logos contained therein (the “Marks”), are the property of Anita Vaccaro M.A.and are protected by copyrights, trademarks, trade secrets and/or other proprietary rights. The compilation of all the content on this site is the exclusive property of Anita Vaccaro M.A.and is protected by U.S. and international copyright laws. Content on our website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Anita Vaccaro M.A.reserves all rights not expressly granted in and to our website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content or Marks other than as expressly permitted herein.
Claims of Copyright Infringement
Anita Vaccaro M.A. respects the intellectual property rights of others. Thus, if you are a copyright owner and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing sending an email to mndhealth@icloud.com or you may mail your changes to 27782 Vista Del Lago, Suite C-28/29, Mission Viejo, Ca. 92692 with the following information consistent with 17 U.S.C 512(c)(3):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying Anita Vaccaro M.A. that your copyrighted material has been infringed. The preceding requirements are intended to comply with Anita Vaccaro M.A.’s rights and obligations under the DMCA, but do not constitute legal advice. In accordance with the DMCA and other applicable law, Anita Vaccaro M.A. has adopted a policy of terminating, in appropriate circumstances and at Anita Vaccaro M.A.’s sole discretion, members who are deemed to be repeat infringers. Anita Vaccaro M.A. may also at its sole discretion limit access to and/or terminate the member accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
User Conduct
By using, viewingor accessing the Anita Vaccaro M.A.website, you expressly agree to not use the website to:
upload, post, email, transmit or otherwise make available any User Submissions that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Submissions;
upload, post, email, transmit or otherwise make available any User Submissions that you do not have a right to make available under any law or under any contractual or fiduciary relationship;
upload, post, email, transmit or otherwise make available any User Submissions that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
upload, post, email, transmit or otherwise make available any material that may contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
interfere with or disrupt our website, servers, or networks connected to our website, or disobey any requirements, procedures, policies or regulations of networks connected to our website;
intentionally or unintentionally violate any applicable local, state, national or international law; and/or “stalk,” “prey upon,” or otherwise harass another.
Prohibited Uses
As a condition of your use of our website, you agree that you will not use our website for any purpose that is unlawful or prohibited by these Terms of Use. You may not use this website in any manner that could damage, disable, overburden, or impair any Anita Vaccaro M.A.’s server, or the network(s) connected to any Anita Vaccaro M.A.’s server, or interfere with any other party’s use and enjoyment of our website. You may not attempt to gain unauthorized access to our website, other accounts, computer systems or networks connected to any Anita Vaccaro M.A.’s server or our website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through our website.
Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned only by Anita Vaccaro M.A.without restriction.
Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ANITA VACCARO M.A., ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. ANITA VACCARO M.A.MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OFCONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ANITA VACCARO M.A.WEBSITE. ANITA VACCARO M.A.DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE ANITA VACCARO M.A.WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ANITA VACCARO M.A.WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
IN NO EVENT SHALL ANITA VACCARO M.A., ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;(II)PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ANITA VACCARO M.A.WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.YOU SPECIFICALLY ACKNOWLEDGE THAT ANITA VACCARO M.A.SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Our website is controlled and offered by Anita Vaccaro M.A.from its facilities in the United States of America. Anita Vaccaro M.A.makes no representations that our website is appropriate or available for use in other locations. Those who access or use our website from other jurisdictions do so at their own risk and are responsible for compliance with local law.
Disclaimer and Limitation of Liability as to Products Sold
All of Anita Vaccaro M.A. products are guaranteed against defects for 30 days from the date of the invoice. Except as expressly stated herein, Anita Vaccaro M.A.makes no representations or warranties, either express or implied, of any kind with respect to products sold on this site. Except as expressly stated herein, Anita Vaccaro M.A.expressly disclaims all warranties, express or implied, of any kind with respect to products sold on this site, including but not limited to, merchantability and fitness for a particular purpose. You agree that the sole and exclusive maximum liability to Anita Vaccaro M.A.arising from any product sold by Anita Vaccaro M.A.shall be the price of the product ordered. In no event shall Anita Vaccaro M.A., its directors, officers, employees, or other representatives be liable for special, indirect, consequential, or punitive damages related to any product(s) sold.
Indemnity
By using, viewing or accessing the Anita Vaccaro M.A.website, you agree to indemnify and hold Anita Vaccaro M.A.and its officers, directors, agents, subsidiaries, joint ventures and/or employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Use the Anita Vaccaro M.A.Privacy Policy, or your violation of any law or the rights of a third-party. You further agree to and understand that this site is NOT intended to replace in person, traditional mental health services of any kind, and Anita Vaccaro, MA is to be held harmless from any person or persons that may choose to use this site for anything other than informational and entertainment purposes.
Advertisers or Sponsors
Your correspondence or business dealings with, or participation in promotions of, advertisers or sponsors found on or through our website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or sponsor. You agree that Anita Vaccaro M.A., shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or sponsors on our website.
Acceptance of Terms of Use
You affirm that you are: i) at least 18 years of age; ii) an emancipated minor; or iii) possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use and the Anita Vaccaro M.A.Privacy Policy, and to abide by and comply with such terms, conditions and obligations.
Typographical Errors
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Anita Vaccaro M.A.shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Anita Vaccaro M.A.shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Anita Vaccaro M.A.shall immediately issue a credit to your credit card account in the amount of the charge.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Anita Vaccaro M.A.reserves the right at any time after receipt of your order to accept or decline your order for any reason. Anita Vaccaro M.A.reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Further, Anita Vaccaro M.A.may require additional verifications or information before accepting any order.
Modifications
Anita Vaccaro M.A.reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, our website, or any part thereof, with or without notice. You agree that Anita Vaccaro M.A.shall not be liable to you or to any third party for any modification, suspension or discontinuance of any service.
General
By using, viewing or accessing the Anita Vaccaro M.A.website, you agree that:(i)our website shall be deemed based online and in California; and (ii) our website is a passive website that does not give rise to personal jurisdiction over Anita Vaccaro M.A., either specific or general, in jurisdictions other than California. These Terms of Use shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Venue for any legal action concerning any claim or dispute between you and Anita Vaccaro M.A.that arises in whole or in part from our website shall lie exclusively in California, and by using, viewing and/or accessing the Anita Vaccaro M.A.website you expressly consent to jurisdiction and venue in such court. These Terms of Use, together with the Anita Vaccaro M.A.Privacy Policy and any other legal notices published by Anita Vaccaro M.A.on our website, shall constitute the entire agreement between you and Anita Vaccaro M.A.concerning our website. If any provision of these Terms of Use or the Anita Vaccaro M.A.Privacy Policy is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions therein, which shall remain in full force and effect. No waiver of any term of this these Terms of Use or the Anita Vaccaro M.A.Privacy Policy shall be deemed a further or continuing waiver of such term or any other term, and Anita Vaccaro M.A.’s failure to assert any right or provision under these Terms of Use or the Anita Vaccaro M.A.Privacy Policy shall not constitute a waiver of such right or provision. Anita Vaccaro M.A.reserves the right to amend these Terms of Use or the Anita Vaccaro M.A.Privacy Policy at any time and without notice, and it is your responsibility to review these Terms of Use or the Anita Vaccaro M.A.Privacy Policy for any changes. Your use of our website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our website or related services must be filed within one (1) year after such claimor cause of action arose or shall be forever barred.
Contacting Us
If there are any questions regarding this privacy policy you may contact us using the information below.
Anita Vaccaro M.A.
By website: https://anitavaccaro.com/contact/
Effective date:June 1, 2020