AffectiveSoftware.com Terms and Conditions
This web page represents a legal document and constitutes the Terms and Conditions, including the Terms of Service and Use Agreement (“Agreement”) for AffectiveSoftware.com, including any contained products (including but not limited to the Gottman Relationship Checkup, the Gottman Love Lab, and the Gottman Coach), other media forms, media channel, mobile website, or online or mobile application related or connected thereto (collectively, the “Site”), as owned and operated by Affective Software Inc. (ASI) and The Gottman Institute (TGI). By using our Site, you agree to fully comply with and be bound by the following Agreement each time you use our Site. Please review the following terms carefully.
Terms of Service and Use Agreement
“AffectiveSoftware.com”, including any contained products (including but not limited to the Gottman Relationship Checkup, the Gottman Love Lab, and the Gottman Coach), other media forms, media channel, mobile website, or online or mobile application related or connected thereto (collectively, the “Site”), is an interactive on-line service owned and operated by ASI and TGI, consisting of information services and content provided by ASI and TGI, affiliates of ASI and TGI, and other independent third parties. It is an informational tool that may be accessed and used by both counselors and clients of counselors (patients).
“User” means each person, whether counselor (provider of therapeutic services) or client (recipient of therapeutic services), who merely enters the Site, or views Site information to use the Site and included information for any purpose.
(A) The Site is intended for informational purposes only. It is not intended to be a substitute for professional advice, consultation, supervision, diagnosis, treatment, medical treatment, psychotherapy, counseling, or mental health services. Use of the Site does not create any of the above-mentioned relationships between the User and ASI, TGI, or any associated resources or subsidiaries, the User and a therapist, or the User and any other person or entity. Do not rely upon information on the Site for treatment purposes.
(B) ASI and TGI do not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on the Site. Actions taken after reading any information provided by the Site, ASI and TGI employees, others appearing on the Site at the invitation of ASI and TGI, or other visitors to the Site, shall be understood to be taken at your own risk and are not in reliance upon the Site. Nothing on the Site or resulting from the Site should be interpreted to interfere with or substitute for care included as part of the health care services you receive or provide.
(C) The Site may contain links to, or otherwise allow connections to, other websites, servers, or online locations that are not owned or operated by ASI or TGI. ASI and TGI are not responsible or liable for the content, policies or practices of any third-party websites, servers, or online services or environments, or any detriment you may encounter as a result of visiting those sites.
(D) ASI and TGI provide the Site as a supplemental source of information that may be of benefit for Users who are mental health care providers such as but not limited to licensed clinicians, therapists, counselors, marriage and family therapists, social workers, psychologists, or psychiatrists. The Site may also be used as a source for information by clients receiving counseling services.
(E) ASI and TGI cannot and do not provide any warranties related to the information contained in or services resulting from any of the mental health care providers (clinicians, therapists, counselors, psychologists, social workers, marriage and family therapists, and other health providers). Information accessed through the Site is provided “AS IS” and without any warranty.
(F) ASI and TGI do not warrant the professional or ethical competence of any mental health care provider. ASI and TGI do not warrant that mental health care providers who use the Site are currently or properly licensed. ASI and TGI do not warrant the professional status of providers regarding professional Boards or affiliations. In no event shall ASI or TGI be liable for damages to any User of the Site.
(G) ASI and TGI shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability, and equipment needed for access or use.
(H) This Agreement, which incorporates by reference other provisions applicable to use of the Site, sets forth the terms and conditions that apply to the use of the Site. By using the Site, Users agree to comply with all of the Terms and Conditions hereof. The right to use the Site is personal to User and is not transferable to any person or entity.
3. Changed Terms.
ASI and TGI shall have the right at any time to change or modify the Terms and Conditions applicable to use of the Site, or any part thereof, or to impose new conditions, including, but not limited to, adding, or increasing fees and charges for use. Such changes, modifications, additions, or deletions shall be effective immediately upon notice, which may be given by any means including, but not limited to, posting on the Site, or by electronic or conventional mail, or by any other means by which ASI and TGI may provide notice thereof. Any use of the Site by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications, or additions.
4. Disclaimer of Warranty; Limitation of Liability.
(A) USER EXPRESSLY AGREES THAT USE OF THE SITE IS AT USER'S SOLE RISK. Neither ASI nor TGI, its affiliates nor any of their respective principals, partners, officers, directors, shareholders, subsidiaries, affiliates, agents, employees, successors, heirs, and assigns, third party content providers or licensers warrant that the Site will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the Site, or as to the accuracy, reliability or content of any information, or service provided through the Site.
(B) The Site is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction, or modification under the laws applicable to this Agreement.
(C) User specifically acknowledges that ASI and TGI are not liable for the defamatory, offensive, or illegal conduct of other Users or third parties and that the risk of injury from the foregoing rests entirely with User. User agrees to hold harmless ASI and TGI and all related principals, partners, officers, directors, shareholders, subsidiaries, affiliates, agents, employees, successors, heirs, and assigns, third party content providers or licensers for any embarrassment, liability, or damages User may experience as a result of participation on the Site, including claims of defamation.
(D) In no event will ASI and TGI, or any person or entity involved in creating, producing or distributing the Site or the Site’s software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, and consequential or punitive damages arising out of the use of or inability to use the Site. User hereby acknowledges that the provisions of this section shall apply to all content on the Site.
(E) In addition to the foregoing, neither ASI and TGI, nor its principals, partners, officers, directors, shareholders, subsidiaries, agents, employees, successors, heirs and assigns, affiliates, information providers or content partners shall be liable for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within the Site, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby.
User agrees to indemnify, defend, and hold harmless ASI and TGI, its affiliates and their respective directors, principals, partners, officers, shareholders, subsidiaries, successors, heirs and assigns, affiliates, employees, and agents from and against all claims, losses, damages, fines, and expenses, including attorneys' fees and costs, arising directly or indirectly out of or in connection with the use of the Site by User, and/or the breach or alleged breach of the Terms and Conditions contained herein.
The Site and each of its associated logos are trademarks and/or the sole property of ASI and TGI. All rights are reserved. All other trademarks appearing on the Site are the property of their respective owners. Your access to or use of our Site or Service does not grant you right or license to use any logos or trademarks as found herein.
7.Third Party Content.
In some cases, the Site is a distributor (and not a publisher) of content supplied by independent third parties. Accordingly, there are some cases in which the Site has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other user of the Site, are those of the respective author(s) or distributor(s) and not of ASI and TGI.
Under no circumstances will ASI or TGI be liable for any loss or damage caused by a User’s reliance on information obtained through the Site. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, hypothesis, suggestion, opinion, advice, or other content available through the Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, hypothesis, suggestion, opinion, advice, or other content.
Through the Site, you may gain access to services or links of other third-party entities. If you access services other than those offered directly by this Site, your actions shall be determined and governed by the third-party content and terms provided.
8. Children’s Privacy and Compliance with the Children’s Online Privacy Protection Act (COPPA).
The Site is not intended or designed to attract persons under the age of 13. We do not collect information from any person we actually know to be under the age of 13. Any User who provides information to the Site does so voluntarily and with confirmation that the User is age 13 or older.
This Agreement, our Site, and our Service are governed by the laws of the State of Washington, without regard to its conflict of law principles. The City of Seattle in King County, where ASI and TGI are located, shall be the forum for any legal action relating to our Site, Content, or Service. Should legal action or suit occur, User agrees to the sole and exclusive jurisdiction and venue of state and federal courts in Seattle, Washington. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement of Service shall take precedence. The failure of ASI and TGI to enforce any provision or right as found in this Agreement will not constitute a waiver of such provision or right. The use of section headings in this Agreement is merely for convenience and in no way limits or defines how this Agreement should be construed. This Agreement and any operating rules for the Site constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. In the event that any suit or legal action should be made to enforce the terms and conditions of service and use, the party prevailing shall recover from the other party all fees, costs, and expenses, including, without limit, any and all fees, costs, and expenses related to appeals and attorneys or other professional services including but not limited to accountants used to enforce the rights under these terms and conditions of service and use.