Privacy Policy

Terms and Conditions

Please read these Terms and Conditions carefully before using this Website. 

The Website and its Content is owned by Debra Flics, LCSW. The term “you” refers to the user or viewer of our Website.
Please read these Terms and Conditions (“T&C”) carefully. I reserve the right to change these Terms and Conditions on the Website at any time without notice, and by using the Website and its Content you are agreeing to the T&C as they appear, whether or not you have read them. If you do not agree with these T&C, please do not use my Website or its Content.

Website Use and Consent

The words, design, layout, graphics, information, materials, documents, data, databases and all other information and intellectual property accessible on or through this Website (“Content”) is my property and is protected by United States intellectual property laws.
 

Intellectual Property Rights

 Limited License to You. This Website and its Content is property solely owned by me unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.

If you view, purchase or access my Website or any of its Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.

As a Licensee, you understand and acknowledge that this Website and its Content have been developed or obtained by me through the investment of significant time, effort and expense, and that this Website and its Content are valuable, special and unique assets of mine which need to be protected from improper and unauthorized use. We clearly state that you may not use this Website or its Content in a manner that constitutes an infringement of my rights or that has not been authorized by me.

When you purchase or access my Website or any of its Content, you agree that:

·       You will not copy, duplicate or steal my Website or Content. You understand that doing anything with my Website or its Content that is contrary to these T&C and the limited license I am providing to you herein is considered theft, and I reserve my right to prosecute theft to the full extent of the law.

  1. ·       You are permitted from time to time to download and/or print one copy of individual pages of the Website or its Content, for your personal, non-commercial use, provided that you give me full attribution and credit by name, keep intact all copyright, trademark and other proprietary notices and, if used electronically, you must include the link back to the Website page from which the Content was obtained.

  2. ·       You may not in any way at any time use, copy, adapt, imply or represent that my Website or its Content is yours or created by you.  By downloading, printing, or otherwise using our Website Content for personal use you in no way assume any ownership rights of the Content – it is still my property. 

  3. ·       You must receive my written permission before using any of my Website Content for your own business use or before sharing with others. This means that you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, market, create derivative works, exploit, or distribute in any manner or medium (including by email, website, link or any other electronic means) any Website Content because that is considered stealing my work.  

  4.  ·       I am granting you a limited license to enjoy my Website and its Content for your own personal use, not for your own business/commercial use or in any way that earns you money, unless I give you written permission that you may do so. 
     

 All rights not expressly granted in these terms or any express written license, are reserved by me.


Request for Permission to Use Content

Any request for written permission to use my Content, or any other intellectual property or property belonging to me, should be made BEFORE you wish to use the Content by completing the by sending an e-mail to Debra Flics at awakepresence@gmail.com

I very clearly state that you may not use any Content in any way that is contrary to these T&C unless I have given you specific written permission to do so. If you are granted permission by me, you agree to use the specific Content that we allow and ONLY in the ways for which we have given you my written permission. If you choose to use the Content in ways that I do not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from me, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect my intellectual property and ownership rights in my Website and its Content.
 

Personal Responsibility and Assumption of Risk
As a Licensee, you agree that you are using your own judgment in using my Website and its Content and you agree that you are doing so at your own risk. You agree and understand that you assume all risks and no results are guaranteed in any way related to this Website and/or any of its Content. This Website and its Content are merely to provide you with education and tools to help you make your own decisions for yourself. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of this Website or any of its Content.

Disclaimer

My Website and its Content are for informational and educational purposes only. To the fullest extent permitted by law, I expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with my Website and its Content, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. You specifically acknowledge and agree that I am not liable for any defamatory, offensive or illegal conduct of any other Website participant or user, including you.

Medical Disclaimer. This Website and its Content are not to be perceived as or relied upon in any way as medical advice or mental health advice. The information provided through my Website or Content is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietitian or nutritionist, member of the clergy, or any other licensed or registered health care professional. Do not disregard professional medical advice or delay seeking professional advice because of information you have read on this Website, its Content, or received from us. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other health care professional. If you have or suspect that you have a medical or mental health issue, contact your own health care provider promptly.  We are not providing health care, medical or nutrition therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. We are not giving medical, psychological, or religious advice whatsoever.

 

Warranties Disclaimer. I MAKE NO WARRANTIES AS TO MY WEBSITE OR ITS CONTENT. YOU AGREE THAT MY WEBSITE AND ITS CONTENTS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, I DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. I DO NOT WARRANT THAT THE WEBSITE OR ITS CONTENT WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF MY WEBSITE OR ITS CONTENT OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

Errors and Omissions. I make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information on my Website or its Content. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of scientific research is constantly evolving, I cannot be held responsible or accountable for the accuracy of my content. I assume no liability for errors or omissions on the Website, its Content, or in other information referenced by or linked to the site. You acknowledge that such information may contain inaccuracies or errors to the fullest extent permitted by law.

Links to Other Websites. I may provide links and pointers to other websites maintained by third parties which may take you outside of my Website or its Content. These links are provided for your convenience and the inclusion of any link in my Website or its Content to any other website does not imply our endorsement, sponsorship, or approval of that website or its owner. We do not endorse and we are not responsible for the views, opinions, facts, advice, statements, errors or omissions provided by external resources referenced in our Website or its Content, or their accuracy or reliability. I have no control over the contents or functionality of those websites and so I accept no responsibility for any loss, damage, or otherwise that may arise from your use of them. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies.

Limitations on Linking and Framing. You may establish a hypertext link to my Website or Content so long as the link does not state or imply any sponsorship, endorsement by, or ownership by in our Website or Content and does not state or imply that I have sponsored, endorsed or have ownership rights in your website. However, you may not frame or inline link our Content without my written permission.
 

By purchasing and/or using my Website and its Content in any way or for any reason, you also implicitly agree to our full Disclaimer which may be found on this Website. 

Indemnification, Limitation of Liability and Release of Claims Indemnification.  You agree at all times to defend, indemnify and hold harmless Debra Flics as well as any of my affiliates, agents, contractors, joint venture partners, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to my Website, its Content or your breach of any obligation, warranty, representation or covenant set forth in these T&C or in any other agreement with us.

Limitation of Liability. I will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on my Website and its Content. I do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us.  I do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who is engaged in rendering my Website or its Content, or in any way or in any location. In the event that you use my Website and its Content or any other information provided by us or affiliated with us, I assume no responsibility.

Release of Claims. In no event will I be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on my Website and its Content, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties. 

Your Conduct

You must use the Website and its Content for lawful purposes only.  You agree that you will not use the Website or its Content in any of the following ways:

 

  1.  For fraudulent purposes or in connection with a criminal offence or otherwise carry out any unlawful activity

  2.  To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise may injure others

  3.  To send, negatively impact, or infect my Website or its Content with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam, whether intended or not

  4.  To cause annoyance, inconvenience or needless anxiety

  5.  To impersonate any third party or otherwise mislead as to the origin of your contributions

  6.  To reproduce, duplicate, copy or resell any part of my Website or its Content in a way that is not in compliance with these T&C or any other agreement with us.

 

Termination
I reserve the right in my sole discretion to refuse or terminate your access to the Website and its Content, in full or in part, at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Website or Content affected by such cancellation or termination. The restrictions imposed on you in these T&C with respect to the Website and its Content will still apply now and in the future, even after termination by you or me.