TERMS AND CONDITIONS

Onlinetwc.com (TWC) Member Service and Site Agreement

THIS IS A LEGAL CONTRACT. PLEASE REVIEW IT CAREFULLY. BY ACCESSING OUR WEB SITE AND USING ANY OF OUR SERVICES, YOU AGREE TO BE BOUND BY THIS CONTRACT.

www.OnlineTWC.Com (collectively, "Onlinetwc.Com" Or "Site"), a premier venue for on-line professional consulting services. The Site is o owned and operated by Total Worldwide Consultations, Inc. ("Total Worldwide Consultations" or "TWC").  This Member Service and Site Agreement (this "Agreement") sets forth all of the terms and conditions between a user (the "Member") of Onlinetwc.com services and TWC.  By clicking on the check box button during the initial sign up of appointments, the Member hereby agrees to abide by and be bound by the terms and conditions of this Agreement.  If, however, the Member does not agree to be bound by this Agreement, do not click the check box.  Rather, click on the "No" button.  In such case, the Member will not be able to sign up for an appointment with a Professional at Onlinetwc.com.

YOU MUST BE EIGHTEEN (18) YEARS OF AGE TO USE ONLINETWC.COM'S CONSULTATION SERVICES. BY CLICKING THE CHECK BOX BUTTON, THE MEMBER AGREES TO TWC'S TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT AND ACKNOWLEDGES AND CONFIRMS THAT THE MEMBER IS EIGHTEEN (18) YEARS OF AGE OR OLDER.

Definition of Service

Onlinetwc.com provides a venue where a Member can locate a professional ("Professional") and ask for advice or services.  TWC will enable a Member to negotiate and communicate with Professionals and to pay for any advice or services the Member receives from such Professionals.  The specific features and functionality of the Site are to be determined solely by TWC and are subject to change or termination without notice.  TWC makes no representation or warranty whatsoever as to the willingness or ability of any Professional to give advice, or that the Member shall find the advice given by a Professional satisfactory, or that the Professional will provide an adequate solution to the Member's question, or otherwise be suitable to the Member's needs.  Member is encouraged to verify the skills, degree and background of those Professionals from whom the Member receives or contemplates receiving advice or services.

Member Warranties

By clicking the box to agree to the terms and conditions of this Agreement, the Member represents, warrants, declares and agrees that:

  • Member is at least eighteen (18) years of age, or is an entity duly organized, validly existing and in good standing under the laws of the state of its formation or organization and has all requisite power and authority to enter into this Agreement.  If applicable, Member is authorized to represent the person or entity that is completing and submitting a Member registration form,  to sign the registration form on its behalf and to bind it; and
  • The information furnished in the registration form is accurate, true and complete.  Member will maintain and update such information during the term of this Agreement so that it will remain true, accurate, current and complete.

Member Conduct

Member will be solely and fully liable for all conduct, postings and transmissions that are made during Member's appointment.  The Member represents, warrants and declares that while Member is using the Site, Member will act according to the following rules:

  • Member will have the sole responsibility to verify the Professional's identity, qualifications, biographic information, licenses held, and any and all other information delivered to Member by a Professional;
  • TWC is not involved in any transaction between Member and Professional.  TWC does not control the quality or relevance of the advice, whether the Professional is qualified to provide the specific advice, whether the Professional 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 the Site by Members or Professionals.  In addition, TWC cannot and will not make any effort to verify the identity of any of the Professionals;
  • Member agrees that any information or content that Member posts or transmits or receives through Onlinetwc.com will not be considered confidential.   Member grants Onlinetwc.com 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;
  • Member will not mislead Professional to believe that Member will pay for a service or advice but will not act accordingly;
  • All interactions between Member and Professional will be reported through the Site regardless if the interaction is online or offline.  Member agrees to abide by the pricing terms agreed upon with Professional while utilizing Onlinetwc.com;
  • Member will not take any actions that may undermine, disrupt or manipulate the integrity of the Member feedback (rating) system on the Site;
  • Member will not interfere with or disrupt the Onlinetwc.com servers or networks connected to the Site;
  • 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 other unsolicited mass distribution of e-mail or bulletin board postings;
  • Member will not transmit through the Site any unlawful, harassing, libelous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful, or otherwise objectionable material or any kind;
  • Member will not disobey or breach this Agreement or any other applicable instructions conveyed by TWC or TWC's directors, officers, employees, agents or other representatives;
  • Member will not violate any applicable local, state, national or international law, statue, ordinance, rule, regulation or ethical code;
  • Member will not upload, post, e-mail, transmit or otherwise make available on the Site any information or material that infringes any third party right;
  • Member will not upload, post, e-mail, transmit or otherwise make available on the Site any third party advertisements, including banner exchange services;
  • Member will not upload, post, e-mail, transmit or otherwise make available software viruses, malware, Trojan horses, worms or any other malicious application;
  • Member will not impersonate any person or entity, or make any false statement regarding Member's employment, agency or affiliation with any person or entity;
  • Member will not stalk, threaten or harass Professionals or other Members or infringe upon or attempt to infringe upon their privacy; and
  • Member will not upload, post, e-mail, transmit or otherwise make available on the Site any information or material which may constitute or encourage conduct that is a criminal offense or civil wrong or otherwise violates any applicable law.

TWC may review the Member's intake form and amend any typing or spelling errors.  TWC 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, TWC may, in its absolute discretion, refuse to post, transmit or remove any content uploaded by the Member.  Without limiting the foregoing, TWC may remove content violating this Agreement.  The Member will bear all the risks associated with the uploading and transmitting of material while utilizing Onlinetwc.com, including reliance on its accuracy, reliability or legality.

Member and Alternative Counseling Center Fees

Member will choose the chat option and time and be charged a flat fee provided by the Professional of choice. Professional fees may vary based on specialty.  TWC shall not be liable for any problems, miscalculations or malfunctions in processing payments owed by the Member. 

User Name and Password

Member is responsible for maintaining the confidentiality of the means that are given to Member in order to use the Site, including without limitation any password or user name, and Member is fully responsible for all activities that occur under such means.  Member will immediately notify TWC of any unauthorized use of Member's password, user name, e-mail, or any other breach of security.  TWC encourages Member to change Member's password at least once a month.

Privacy

Member does not have to furnish the information required for registration to Onlinetwc.com.  However, without that information Member will not be able to use Onlinetwc.com's services.  TWC is the sole owner of the information collected on the Site.  TWC will not sell, share, or rent this information to others, except as disclosed in this Agreement.

In order to use Onlinetwc.com, Members are required to complete an intake and consent form, as well agree to terms and conditions during signing up for appointment with Professional. During sign up, the Member is requested to furnish certain contact information, such as name and e-mail address.  This information may be used to contact the Member about the services on Onlinetwc.com in which Member 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 other unique identifiers (such as a screen name), so TWC 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 TWC's database.  TWC will use reasonable means to protect the integrity and safety of the database.  However, Member acknowledges and agrees that such means are not fault-proof and TWC will therefore not be liable for any direct, indirect, consequential or incidental damages that the Member and/or any Professional may sustain due to any unauthorized intrusion of the database.

The main purpose of TWC is to allow the Member to look for Professionals that may provide the Member advice or services that he or she seeks.  TWC does not screen or edit the content of communications between Professionals and Members, but TWC may copy, transmit and review communications conducted by or through Onlinetwc.com for technical support and/or in order to uphold the terms of this Agreement.  Such communications are personal and private unless both parties agree to additional distribution.  Currently, chat communications between the Member and TWC servers are encrypted.  Chat communications between the Professional and TWC's servers are also encrypted, but only if the Professional is using the most current version of TWC's software.  E-mail and phone communications are not encrypted and thus may be more susceptible to unauthorized monitoring.

TWC makes public bulletin boards (the "Public Board") available to its Members and Professionals. The Public Board allows Members to post questions or service requests that can be viewed by all Professionals. Requests may be posted anonymously.  A Member can also determine the length of time the Member wishes to have his or her questions remain "in view" on the Pubic Board.  All postings and descriptions are public until Member enters into a personal negotiation with a Professional.  All subsequent communications between the Member and Professional, including both the negotiation phase and the actual relaying of service, are not available to other TWC Members and Professionals, and are confidential between Professional and Member. Chat and e-mail communications between Members and Professionals are stored on TWC servers for a certain amount of time and available for review by Professionals and, if a paid session, by Members.  TWC uses IP and URL web page addresses to analyze trends, administer the Site, track a Member's movement on the Site, and gather broad demographic information for aggregate use.  IP and URL web page addresses are also linked to personally identifiable information in order to improve the Member's experience when using the Site.  TWC may also retain any e-mails, letters, or other correspondence between the Member and TWC to ensure quality control and the best possible service, although it has no obligation to do so.

TWC 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 Onlinetwc.com, the Member will not have to enter his or her login information (i.e., e-mail and password) every time the Member logs into his or her TWC account, thereby saving time while on Onlinetwc.com.  If the Member rejects the cookie, he or she may still use Onlinetwc.com; Member will simply have to login each time he or she visits the Site.  Cookies can also be used to enable TWC to track and target the interests of the Member in order to enhance his or her experience on Onlinetwc.com.  Of course, if the Member shares his or her computer with third parties, such third parties may be able, with certain browsers or under certain circumstances, to read the Member's communications with Professionals and Onlinetwc.com.

TWC may use any information furnished by the Member, as well as any information that it collects regarding use patterns and transactions that are conducted through Onlinetwc.com, in order to improve Onlinetwc.com, to analyze statistical information regarding Onlinetwc.com, and to furnish such statistics to third parties, including advertisers.  Information furnished to third parties will not identify the Member personally.

TWC may from time to time send e-mail advertisements to Members, regardless of whether the advertising material is sent on TWC's own behalf or is commercial information furnished by third parties.  Member is given the opportunity to 'opt-out' having Member's information used for purposes not directly related to Onlinetwc.com at the point when TWC asks for such information.  Member can opt out from newsletters, promotions, etc. by sending an e-mail titled "Remove" to support@onlinetwc.com.

Ratings and testimonials provided by Members on Onlinetwc.com are public and are identified by the Member's screen name.  If the Member elects to use TWC's referral service for informing a friend about the Site, TWC will ask the Member for the friend's name and e-mail address.  TWC will automatically send the friend a one-time e-mail inviting him or her to visit the Site.  TWC stores this information for the sole purpose of sending this one-time e-mail.  The friend may contact TWC at Onlinetwc.com to request the removal of this information from its database.

TWC reserves the right to partner with another party to provide specific services.  When the Member signs up for these services, TWC will share names or other contact information that is necessary or appropriate for the third party to provide these services.  Such third parties are not allowed to use personally identifiable information except for the purposes these services or as otherwise specified in the registration process for such services.

TWC may assign, transfer, rent, sell or lease its database, without giving the Member any prior notice, to any other subsidiary of TWC's holding company, TWC'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 TWC's privacy policy.  TWC 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 TWC and the Member.  In addition, TWC may disclose personally identifiable information to the Professional or to public authorities to deal with emergency situations or situations where the Member's safety may be in jeopardy.

TWC 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.  The co-branded sites are maintained on TWC servers.  Unless Member agrees otherwise, all personally identifiable information is stored solely by TWC.  TWC does record the partner web site from which a visitor has linked to TWC.  If a visitor registers to become a Professional and/or Member, TWC may track the partner's name in order to further the relationships TWC has with its partners.

If the Member wishes to update his or her personally identifiable information, such as the Member's mailing address, or if the Member no longer desires TWC services, TWC will endeavor to provide Member a way to correct, update or opt-out of any TWC services.  This can usually be done from within the Member's TWC account, or by e-mailing TWC's Customer Support at Onlinetwc.com.

If the Member has any questions about TWC's privacy statement, the practices of Onlinetwc.com, or the Member's dealings with TWC, please contact support@onlinetwc.com or call 248-685-0701.

Content

Onlinetwc.com may contain content, including without limitation financial information, provided by third parties.  Such content is provided for informational purposes only and is not intended for trade or investment purposes.  Furthermore, Onlinetwc.com operates a Public Board pursuant to which Professionals may answer questions regarding various topics.  TWC does not warrant the validity, accuracy, or availability of the content, information and Professional advice and TWC will therefore not be liable for any damages sustained due to reliance on such content, information or Professional advice.

The information furnished by Professionals is intended for general reference purposes only.  The consultation with Professionals via Onlinetwc.com cannot and does not replace a meeting with a Professional.  Member is encouraged to verify the information furnished by Professionals.  Any information on Onlinetwc.com and any information furnished by Professionals are 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

Onlinetwc.com may contain links to web sites operated by third parties.  TWC has no control over such sites or the information provided therein.  The Member acknowledges and agrees that TWC is not responsible for the availability of such third party web sites and TWC will not be responsible or liable for any content, advertising, products, privacy policy or other materials contained therein.  The Member acknowledges and agrees that TWC 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 upon any such content, products or services available on or through any third party web sites.  TWC encourages the Member to be aware when Member leaves Onlinetwc.com and to read the privacy statements of each and every web site that collects personally identifiable information.

Advertisements

TWC may include in onlinetwc.com 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 and/or receive other messages, information or offers from the advertisers.

The Member acknowledges and agrees that TWC is not liable for the privacy practices of such advertisers or the content of any of their web sites, information, messages or offers.  The Member is wholly liable for any and all communications with such advertisers and for any and all transactions subsequently executed in connection therewith.

 Modifications and Termination of Onlinetwc.com

TWC reserves the right to modify or discontinue, temporarily or permanently, the services in Onlinetwc.com, with or without notice to Member.  Member agrees that TWC shall not be liable to Member or any third party for any modification, interruption or discontinuance of Onlinetwc.com's services, or for any losses or damages that may result to Member from such modification, interruption or discontinuation of service.

TWC's services depend upon different factors including without limitation software, hardware and communications networks of TWC, its contractors and suppliers.   By their nature, these factors are not error-free.  Accordingly, TWC cannot and does not guarantee that Onlinetwc.com will not be interrupted, or that the Site will be timely, secure or error-free.

TWC, in its sole discretion and for any reason, may terminate Member's participation in Onlinetwc.com and refuse any and all current or future use by Member of Onlinetwc.com. 

Intellectual Property

TWC is the sole owner of all the intellectual property, and in particular the copyright, trademarks, database and patents, in Onlinetwc.com and in any software, application, graphics, text and other materials used therein, including without limitation the organization of the materials contained therein.

Onlinetwc.com contains copyrighted materials, intellectual property, trade secrets and other proprietary information owned by TWC.  This Agreement does not grant the Member any copyrights to or any licenses to use any of TWC's patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered) domain names or any other rights, functions or licenses in respect of Onlinetwc.com.  The Member may not create derivative software based upon any trade secret, intellectual property or proprietary information of TWC.  Furthermore, the Member may not sub-license, assign or transfer, sell or make any other commercial use of his membership in onlinetwc.com.

The Member may not adopt or use any trademark, trade name, or domain name similar to or likely to be confused with that of TWC's and onlinetwc.com, or take any other action which infringes or impairs TWC's trademark rights.  TWC shall retain all ownership in and to onlinetwc.com and all content displayed on Onlinetwc.com, including without limitation copies of data transferred to or received by Member on the Site.

Copyright Policy

TWC respects the intellectual property of others, and asks TWC users to do the same.  TWC may, in appropriate circumstances and at TWC's discretion, terminate the TWC account or TWC 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 TWC's Copyright Agent the following information through customer service (collectively, the "Notice"):

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. 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;
  3. a description of where the material that you claim is infringing is located on the site, including the URL;
  4. your address, telephone number, and e-mail address;
  5. 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;
  6. and 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.
TWC Copyright Agent for Notice of claims of copyright infringement can be reached as follows:

 By e-mail: dkostop@pk-legal.com
 By mail:   K. Dino Kostopoulos, Esq., Padilla Kostopoulos, PLLC, 1821 W. Maple Rd., Birmingham, MI 48009

 Limited License

TWC grants Member a nonexclusive, revocable right to use the Site provided that Member does not copy, modify, create a derivative work of, reverse engineer, disassemble or otherwise attempt to discover any source code arising out of or relating to the Site.

Disclaimer of Warranty and Limitation of Liability

THE MEMBER ACKNOWLEDGES AND AGREES THAT ONLINETWC.COM IS BEING PROVIDED FOR USE "AS IS" AND THEREFORE MEMBER WILL NOT HAVE ANY CLAIM OR DEMAND AGAINST TWC IN RESPECT TO THE SITE'S PROPERTIES, ABILITIES, LIMITATIONS OR COMPATIBILITY WITH THE MEMBER'S NEEDS.  THE USE OF ONLINETWC.COM IS ACCORDINGLY BEING MADE AT THE MEMBER'S SOLE AND ENTIRE RISK, WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO EITHER MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, COMPLETENESS OR ANY OTHER WARRANTY.

TWC EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES FOR INFORMATION POSTED OR TRANSMITTED BY ITS PROFESSIONALS.  IF A MEMBER RECEIVES ANY ADVICE OR SERVICES FROM PROFESSIONALS VIA ONLINETWC.COM, MEMBER MUST EXERCISE A HIGH STANDARD OF CARE.  THE MEMBER SHALL NOT HAVE ANY CLAIM OR DEMAND AGAINST TWC OR TWC'S DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, ADVISORS OR OTHER REPRESENTATIVES (COLLECTIVELY, "REPRESENTATIVES") IN RESPECT TO ANY ADVICE OR SERVICES MEMBER  RECEIVES FROM PROFESSIONAL VIA  ONLINETWC.COM.  THE SALE OR PURCHASE OF ANY ADVICE OR SERVICES IS THEREFORE AFFECTED AT THE MEMBER'S SOLE AND ENTIRE RISK.

UNDER NO CIRCUMSTANCES WILL TWC OR ITS AFFILIATES, AND THEIR RESPECTIVE REPRESENTATIVES, BE LIABLE TO MEMBER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO ANY PROVISION OF THIS AGREEMENT.  TWC AND ITS AFFILIATES, AND THEIR RESPECTIVE REPRESENTATIVES' AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY MEMBER TO PROFESSIONALS THROUGH ONLINETWC.COM IN THE THREE MONTH PERIOD PRIOR TO THE DATE ANY SUCH CLAIM AROSE.  MEMBER ACKNOWLEDGES AND AGREES THAT TWC DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION BROUGHT BY A PROFESSIONAL IN CONNECTION WITH PAYMENT FOR ANY ADVICE OR SERVICES PROVIDED BY PROFESSIONAL TO THE MEMBER THROUGH THE SITE, AND MEMBER AGREES TO INDEMNIFY AND HOLD HARMLESS TWC, ITS AFFILIATES AND THEIR RESPECTIVE REPRESENTATIVES IN CONNECTION WITH ANY SUCH CLAIM.

TWC WILL NOT BE LIABLE FOR ENFORCING ANY AGREEMENT THAT WAS MADE BETWEEN A PROFESSIONAL AND A MEMBER, INCLUDING WITHOUT LIMITATION ANY MEMBER FEE AGREEMENT.  MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY SUCH AGREEMENT(S) MADE WITH A PROFESSIONAL. 

IN THE EVENT OF A DISPUTE REGARDING ANY TRANSACTION CONDUCTED THROUGH ONLINETWC.COM, THE MEMBER HEREBY RELEASES TWC AND ITS AFFILIATES, AND THEIR RESPECTIVE REPRESENTATIVES FROM ANY AND ALL ACTIONS, CLAIMS, PROCEEDINGS, PLEAS 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 PARTIES.

Interactions with Mental Health Professionals and other Professionals

If a Member chooses to interact with a mental health professional (the term "mental health professional" includes, but is not limited to, psychiatrists, psychologists, therapists, counselors and social workers), healthcare Professional or any other Professional on the Site, the Member relationship (as with all other Professionals) shall be strictly with such mental health professional, healthcare Professional or other Professional, as applicable, and TWC shall not be involved in any way with the substance of that relationship or the advice or services arising out of or relating thereto.  TWC does not endorse or recommend any mental health professional, or healthcare Professional or other Professional on the Site.  Member acknowledges and agrees that it is his or her responsibility to check the certification and/or licensing of the mental health professional, healthcare Professional or any other Professionals with the applicable state licensing board or other relevant authorities in the Professional's state or country.

Member acknowledges and agrees that each of the mental health professionals, healthcare Professionals or any other Professionals on the Site are not employees or agents of TWC and TWC assumes no responsibility for any act or omission of any such mental health professional,  healthcare Professional or other Professional.  Member acknowledges and agrees that, although a mental health professional, healthcare Professional or other Professional may have been accessed through the Site, TWC cannot predict or assess the competence of, or appropriateness for, Member's circumstances requiring access to any such mental health professional, healthcare Professional or other Professional.  Member also acknowledges and agrees that Member takes full responsibility for  Member's decision to access and otherwise interact and deal with any mental health professional,  healthcare Professional or other Professional through the Site, and that the role of TWC is strictly limited to providing access to mental health professionals,  healthcare Professionals and other Professionals and their advice or services for the Member's consideration.

Member hereby releases and agrees to hold harmless TWC, its affiliates and their respective Representatives from and against any and all causes of action and claims of any nature resulting from the acts of any mental health professionals, or healthcare Professionals or other Professionals 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 professionals or other Professionals accessed through the Site.

IF YOU ARE THINKING ABOUT SUICIDE OR FEEL THAT YOU MAY BE A DANGER TO YOURSELF OR TO OTHERS, PLEASE IMMEDIATLEY CALL 911 (OR THE RELEVANT EMERGENCY NUMBER IN YOUR COUNTRY) AND NOTIFY THE POLICE OR EMERGENCY MEDICAL SERVICES.

Opinions of any mental health professionals, healthcare Professionals or other Professionals are solely their opinions, and not those of TWC. TWC does not assume any liability or responsibility for the accuracy of the content of the Site, including without limitation the biographical information of such mental health professionals, or healthcare Professionals or other Professionals.  TWC does not assume any liability or responsibility for any damage or injury to persons or property arising out of or relating to the use of any advice, services or information provided by a Professional.

Indemnification

Member will indemnify, defend and hold harmless TWC and its affiliates and their respective Representatives from and 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 TWC 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 pursuant to this Agreement; (b) Member's refusal to pay for any advice or services provided by any Professional; or (c) any materials that Member posts to Onlinetwc.com and/or transmits 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, registered or certified mail, postage prepaid and 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 TWC.  Any purported assignment by Member without the appropriate prior written approval will be deemed null and void and of no force or effect.

Modifications to this Agreement

TWC, in its sole discretion and without any prior notice, may alter, amend, change or otherwise modify this Agreement or any part hereof at any time by posting modifications on the Site. Unless otherwise specified by TWC, all such modifications shall be effective upon posting.  Therefore, Member is encouraged to check the terms of this Agreement frequently.  By using the service or Site after the modifications become effective, Member agrees to be bound by such modifications to this Agreement. 

Miscellaneous

Nothing in this Agreement shall be constructed 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 governed by and construed in accordance with the laws of the State of Michigan, without giving effect to any conflicts of law principles thereof, and any legal proceeding arising out of this Agreement will occur exclusively in state and federal courts located in Michigan.  This Agreement will binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.  This Agreement (and the other agreements, documents and policies referenced herein and incorporated by reference) constitute the entire agreement between TWC and Member with respect to the subject matter thereof, and supersede all prior or contemporaneous agreements or understandings between TWC and Member, whether oral or written, regarding the subject matter thereof. Onlinetwc.com services are not open to Members who live in a country that is prohibited by any law, regulation, treaty or administrative act from entering into trade relations with the United States

No failure or delay by TWC in exercising any right or power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right or power hereunder.  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:

The Member may report any violation of this Agreement to support@Onlinetwc.com.

 Updated June 1, 2011