User Agreement

Psybar, LLC Web Sites Terms of Use

Last Updated: November 17, 2005

AGREEMENT BETWEEN YOU AND PSYBAR, LLC

PERMITTED USE

Subject to these Terms of Use, PsyBar, LLC grants you a limited, non-exclusive, revocable, limited license to view and use the content (“Content”) on the Website for the sole purpose of furthering your education. The Content includes any computer software or code that is made available to you through the Website or Services.  All rights, title, and interest in and to the Website (including the Content) and all intellectual property rights (including all copyright, trademark, patent, and trade secret rights) therein shall remain with PsyBar, LLC and its licensors and no ownership interest is transferred by virtue of making the Content available on the Website, granting the foregoing licenses, or entering into this Agreement.  

You agree:  a) not to disclose, or authorize anyone else to disclose, PsyBar’s training program for disability examiners (”Training Program”), to which Psybar owns all right title and interest, including copyright, or any Content, b) to protect the confidentiality of this Training Program and all Content from disclosure to others,  c) not to authorize anyone else to use, copy, or otherwise exploit the Content or the Training Program and concept, in whole or in part,   d) not to, or attempt to, modify, decompile, disassemble, reverse engineer or emulate the Content or this Training Program and/or create derivative works of the Content or this Training Program, e) misrepresent your identity in the Registration portion of the Website, f) that you will answer all questions or complete any tests on this Website independently, without help or coaching from others, g) take any action intended to interfere with the operation of this Website; h) access or attempt to access any portion of this Website to which you have not been granted access, i) that the Content constitutes the confidential and trade secret information of PsyBar, LLC and its suppliers and licensors, j) or directly or indirectly authorize anyone else to take  actions prohibited in this sentence.  You represent and warrant that you are at least eighteen (18) years of age.  Your obligations shall begin immediately and continue for the duration of the copyright with respect to this Training Program and the Content.  Without limiting the foregoing, in the event you are required to disclose the Training Program or Content by way of a court or government order, you shall immediately notify PsyBar of said order.

The "Fitness for Duty Evaluation Facilitator" model described in the materials entitled "Psychological Fitness for Duty Practices for the Employer and the EAP," is pending Patent approval from the US Patent Office.  You agree not to infringe on this business model both personally and behalf of any company/entity that you represent, even if the patent on this model is not eventually approved by the US Patent Office. 

YOU AGREE THAT ANY VIOLATION OF THIS “PERMITTED USE” SECTION, INCLUDING ALL RESTRICTIONS SET FORTH ABOVE, OR ANY CONFIDENTIALITY OBLIGATIONS AS SET FORTH BELOW, WOULD CAUSE SERIOUS AND IRREPARABLE HARM TO PSYBAR AND ITS LICENSORS IN AN AMOUNT THAT WOULD BE DIFFICULT TO QUANTIFY.  YOU AGREE THAT IN THE EVENT YOU BREACH THIS PERMITTED USE SECTION OR ANY CONFIDENTIALITY OBLIGATION, IN ADDITION TO ANY OTHER REMEDY TO WHICH PSYBAR AND ITS LICENSORS MAY BE ENTITLED, YOU SHALL BE LIABLE FOR LIQUIDATED DAMAGES IN AN AMOUNT EQUAL TO TWENTY-THOUSAND DOLLARS ($20,000.00).

See the Privacy Statement at http://www.psybar.com/training_material/privacy.html for disclosures relating to the collection and use of your personal information.

MEMBER ACCOUNT, PASSWORD, AND SECURITY

You must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account using your password. You agree to notify PsyBar,  LLC immediately of any unauthorized use of your account or any other breach of security. PsyBar, LLC will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by PsyBar, LLC or another party due to someone else using your account or password. You may not use anyone else’s account at any time.

MODIFICATION OF THESE TERMS OF USE

PsyBar, LLC reserves the right to change the terms, conditions, and notices under which the application service product, PsyBar, LLC Online Training, are offered, including but not limited to the charges associated with the use of the application service product, PsyBar, LLC Online Training,. You are responsible for regularly reviewing these terms and conditions. Changes to the terms and conditions shall appear on this portion of the Website or on a page or link marked “User Agreement.”

LINKS TO THIRD PARTY SITES   

The application service product, PsyBar, LLC Online Training and Website, may contain images of and links to third party Web sites. The third party Web sites are not under the control of PsyBar, LLC and PsyBar, LLC is not responsible for the contents of or your dealings with any third party Web sites, including without limitation any link contained in a third party Web site, or any changes or updates to a third party Web sites. PsyBar, LLC is not responsible if the third party Web sites are not working appropriately. PsyBar, LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by PsyBar, LLC of the third party Web site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the third party Web sites.

Any dealings with third parties (including advertisers) included within the application service product, PsyBar, LLC Online Training or the Website, or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. PsyBar, LLC shall not be responsible or liable for any part of any such dealings or promotions.

As a condition of your use of the application service product, PsyBar, LLC Online Training and Website, you agree that you will not use the application service product, PsyBar, LLC Online Training or Website, for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the application service product, PsyBar, LLC Online Training or Website, in any manner that could damage, disable, overburden, or impair the application service product, PsyBar, LLC Online Training or Website, or interfere with any other party's use and enjoyment of the application service product, PsyBar, LLC Online Training or Website,. You may not attempt to gain unauthorized access to application service product, PsyBar, LLC Online Training, the Website, other accounts, computer systems or networks connected to the application service product, PsyBar, LLC Online Training or 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 the application service product, PsyBar, LLC Online Training or Website.

PsyBar,  LLC reserves the right at all times to disclose any information as PsyBar,  LLC deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit or remove any information or materials, in whole or in part, at PsyBar LLC's sole discretion.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE APPLICATION SERVICE PRODUCT, PsyBar, LLC Online Training AND WEBSITE, MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, OR OTHER EFFORTS. CHANGES ARE PERIODICALLY MADE TO THE APPLICATION SERVICE PRODUCT, PsyBar, LLC Online Training, CONTENT, AND TO THE INFORMATION THEREIN. PSYBAR, LLC AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE APPLICATION SERVICE PRODUCT, PsyBar, LLC Online Training AND WEBSITE, AT ANY TIME. ADVICE RECEIVED VIA THE APPLICATION SERVICE PRODUCT, PsyBar, LLC Online Training OR WEBSITE, SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

PSYBAR LLC AND/OR ITS RESPECTIVE SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SECURITY, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, CONTENT, AND RELATED GRAPHICS CONTAINED WITHIN THE APPLICATION SERVICE PRODUCT, PsyBar, LLC Online Training AND WEBSITE, FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, CONTENT, AND RELATED GRAPHICS ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND.  PSYBAR, LLC AND/OR ITS RESPECTIVE SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, WEBSITE, CONTENT, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT PSYBAR, LLC AND/OR ITS SUPPLIERS AND/OR LICENSORS SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH A PSYBAR LLC SERVICE/PRODUCT.

IN NO EVENT SHALL PSYBAR LLC AND/OR ITS SUPPLIERS AND/OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE APPLICATION SERVICE PRODUCT, PsyBar, LLC Online Training, WEBSITE OR CONTENT, WITH THE DELAY OR INABILITY TO USE THE APPLICATION SERVICE PRODUCT, PsyBar, LLC Online Training, WEBSITE, CONTENT, OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, CONTENT, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE APPLICATION SERVICE PRODUCT, PsyBar, LLC Online Training, WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE APPLICATION SERVICE PRODUCT, PsyBar, LLC Online Training, WEBSITE, OR SERVICES, WHETHER BASED ON CONTRACT, RELIANCE, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PSYBAR, LLC OR ANY OF ITS SUPPLIERS OR LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE APPLICATION SERVICE PRODUCT, PsyBar, LLC Online Training, WEBSITE, OR SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APPLICATION SERVICE PRODUCT, PsyBar, LLC Online Training AND WEBSITE.  IN THE EVENT PSYBAR, LLC OR ANY OF ITS LICENSORS OR SUPPLIERS ARE FOUND LIABLE FOR DAMAGES, THE CUMULATIVE LIMIT OF SUCH DAMAGES SHALL BE ONE-HUNDRED DOLLARS ($100.00).

STORAGE SPACE AND OTHER LIMITATIONS

You agree that PsyBar,  LLC may establish limits concerning use of any Service offered. 

GENERAL

All claims arising from or related to this Agreement or your use of the Website, Content, or Services shall be adjudicated pursuant to the laws of the State of Minnesota, without reference to conflict of laws principles. You hereby irrevocably consent to the exclusive jurisdiction and venue of the federal and state courts located in Hennepin County, Minnesota, U.S.A. for all disputes arising out of or relating to this Agreement or your use of the Website, Content, or Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and PsyBar, LLC as a result of this agreement or use of the application service product, PsyBar, LLC Online Training or Website.

You agree to defend, indemnify, and hold PsyBar, LLC, its Suppliers and Licensors, and all of their parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees,  arising out of or related to your breach of this Agreement or your use or misuse of the Services, Content, or Website.  PsyBar,  LLC reserves the right to disclose any personal or other information about you or your use of the application service product, PsyBar, LLC Online Training and Website, including its contents, without your prior permission if PsyBar, LLC has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of PsyBar, LLC, its suppliers or licensors, or any of their affiliated companies; (3) enforce these terms or use or otherwise protect the rights or interests of PsyBar, LLC, its suppliers or licensors; (4) act to protect the interests of its members or others, or (5) for business purposes.  If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. If the offending provision may not be so amended then the offending provision shall be deemed null and void and the remainder of this Agreement shall be enforced according to its terms.  Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and PsyBar,  LLC with respect to the application service product, PsyBar, LLC Online Training and Website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and PsyBar, LLC with respect to the application service product, PsyBar, LLC Online Training or Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  You may not transfer or assign any rights or obligations under this Agreement.  PsyBar, LLC may transfer or assign its rights and obligations under this Agreement.

COPYRIGHT AND TRADEMARK NOTICES:

All Contents of the application service product, PsyBar, LLC Online Training and Website, are: Copyright © 2003-2005 PsyBar, LLC and/or its suppliers, 5151 EDINA INDUSTRIAL BLVD #675 MINNEAPOLIS, MN 55439. All Rights Reserved.

CONTACT INFORMATION

All notices or communications to PsyBar, LLC shall be sent via certified mail to: PsyBar, LLC,

PSYBAR LLC BILLING

Charges on your Billing Account   

PsyBar, LLC bills you through an online account (your "Billing Account") for Services. You agree to pay PsyBar, LLC all charges at the prices then in effect for any Services ordered by you or other persons (including your agents) using your Billing Account, and you authorize PsyBar, LLC to charge your chosen payment method (your "Payment Method") for such Services. You agree to make payment using that selected Payment Method. PsyBar, LLC reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT IN ORDER TO RECEIVE THE SERVICES REQUESTED. YOU MUST PROMPTLY NOTIFY PSYBAR, LLC IF YOUR PAYMENT METHOD IS CANCELED. IF YOU FAIL TO PROVIDE PSYBAR LLC ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT PSYBAR LLC MAY CONTINUE CHARGING YOU FOR ANY SERVICE PROVIDED.

Currency exchange settlements will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If PsyBar, LLC does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand.

Prices for all Products exclude all applicable taxes, unless expressly stated otherwise. To the extent permissible by law, you agree to be responsible for any applicable taxes, whether or not such amounts are charged to your Billing Account or Payment Method.

Refund Policies

Subject to any withdrawal right you may have under applicable law, charges are non-refundable unless the price plan terms expressly say otherwise. Except as otherwise required by law, the costs of any returns if permitted will be at your expense.

General

You represent and warrant that: (1) you are at least 18 years of age or the age required or allowed under applicable law for making a legal and binding contract; (2) all information that you submit is true and accurate (including without limitation information relating to your Payment Method); and (3) you are an individual (or in the case of an entity, an agent of the entity) authorized to use the designated Payment Method. You agree to pay for all charges (including charges by other persons) and to comply with your responsibilities and obligations as stated in this Agreement. You agree not to assign, transfer or sublicense any rights in your Billing Account.  PsyBar, LLC may: (1) generate print copies of its electronic records and introduce them in evidence as original documents; and (2) prove your agreement or consent in any manner, including without limitation, by showing that a procedure existed by which you must have provided consent or engaged in conduct to obtain the applicable Products.

Privacy Policy

This policy does not apply to the practices of companies that PsyBar, LLC does not own or control, or to people that PsyBar, LLC does not employ or manage.

Information Collection and Used
PsyBar, LLC collects personal information when you register, and use PsyBar LLC's Web Site.  Personal information includes your name, contact information, and other personal information about you. 

PsyBar may collect and track non-personal information, such as which pages on our Website are visited most often or how many visitors a day our Website receives.  PsyBar may share non-personal information with any third party at its discretion.  PsyBar may also share information that has been de-identified (i.e., your name, address, and identifying information removed) with any third party at its discretion.  We may also use “cookies” in order to help us operate this Website and improve your experience on this Website.

Information Sharing and Disclosure
PsyBar LLC does not rent, sell, or share personal information gathered from PsyBar LLC's Web Site about you with other people or companies except in these cases:

• In order to process any payment or similar information provided by you (e.g., we would provide your name and credit card information to your own credit card company if you make a payment by credit card).
• We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims;
• We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of PsyBar LLC's terms of use, or as otherwise required by law.
• We transfer information about you if PsyBar LLC is acquired by or merged with another company or sells or transfers a portion of its business or assets.
• It is necessary to protect or enforce PsyBar, LLC’s rights or the rights of any third party.
• With any business or person authorized by you or with any person that provided you with access or a referral to this Website.
• As necessary or incidental to the maintenance and support of this Website.
• See our Terms of Use for some additional statements regarding our use of information.
• We may share your personal information, including your name and test scores, within our company and with any outside business affiliates.

Confidentiality and Security
We limit access to personal information about you to employees and agents who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs.

Your PsyBar LLC's Web Site Account Information is password-protected.

Although we take certain steps to promote confidentiality and security, the Internet is not a 100% secure network.  As stated more fully in the Terms of Use, PsyBar, LLC does not represent or warrant that your communications or data will be entirely secure.

Changes to this Privacy Policy
PsyBar, LLC may update this policy. We will post any changes to this Privacy Policy on this page of our Website or a similar page.  We encourage you to regularly review this Privacy Policy. 

Reviewing or Updating Your Personal Information

Questions and Suggestions
If you have questions or suggestions, please contact us at: support@psybar.com