Dr. Joseph Rabinovitz, Ed.D., Child Psychologist

Terms of Use Agreement

Effective Date: This Terms of Use Agreement was last updated on December 27, 2007.

This Terms of Use Agreement sets forth the standards of use of the drrabinovitz.com web site. By using the drrabinovitz.com web site, you (the "Member") agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this web site. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted on the drrabinovitz.com web site. Your continued use of the web site after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

Description of Service

Joseph Rabinovitz, Ed.D., P.A. is providing Member with a web site for information purposes. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees related to such connection.

Disclaimer of Warranties

The web site is provided by Joseph Rabinovitz, Ed.D., P.A. on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, Joseph Rabinovitz, Ed.D., P.A. makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Joseph Rabinovitz, Ed.D., P.A. shall have no liability for any interruptions in the use of this web site. Joseph Rabinovitz, Ed.D., P.A. disclaims all warranties with regard to the information provided, including the implied warranties fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore, in such cases, the above-referenced exclusion is inapplicable.

Limitation of Liability

JOSEPH RABINOVITZ, ED.D., P.A. SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR JOSEPH RABINOVITZ, ED.D., P.A. SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF JOSEPH RABINOVITZ, ED.D., P.A. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

Indemnification

Member agrees to indemnify and hold Joseph Rabinovitz, Ed.D., P.A., its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.

Modifications and Interruption to Service

Joseph Rabinovitz, Ed.D., P.A. reserves the right to modify or discontinue the Service with or without notice to the Member. Joseph Rabinovitz, Ed.D., P.A. shall not be liable to Member or any third party should Joseph Rabinovitz, Ed.D., P.A. exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Joseph Rabinovitz, Ed.D., P.A. does not guarantee continuous, uninterrupted or secure access to our web site and operation of our web site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Third-Party Sites

Our web site may include links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Joseph Rabinovitz, Ed.D., P.A. is not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites.

Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein.

We encourage all Members to review said privacy policies of third-parties' sites.

Governing Jurisdiction of the Courts

Our web site is operated and provided in the State of Florida. As such, we are subject to the laws of the State of Florida, and such laws will govern this Terms of Use, without giving effect to any choice of law rules.  We make no representation that our web site or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Florida.

Compliance with Laws

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws.  Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is Copyright © 2008 Joseph Rabinovitz, Ed.D., P.A. with all rights reserved. Any use of materials on the web site, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Joseph Rabinovitz, Ed.D., P.A. is strictly prohibited. Member agrees that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Joseph Rabinovitz, Ed.D., P.A. is a proprietary mark of Joseph Rabinovitz, Ed.D., P.A. (Joseph Rabinovitz, Ed.D., P.A.'s trademarks may not be used in connection with any product or service that is not provided by Joseph Rabinovitz, Ed.D., P.A. in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Joseph Rabinovitz, Ed.D., P.A.). All other trademarks displayed on Joseph Rabinovitz, Ed.D., P.A.'s web site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those vendors. In addition, such use of trademarks or links to the web sites of vendors is not intended to imply, directly or indirectly, that those vendors endorse or have any affiliation with Joseph Rabinovitz, Ed.D., P.A.

Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Joseph Rabinovitz, Ed.D., P.A. designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Mail

Joseph Rabinovitz, Ed.D., P.A.

2295 NW Corporate Blvd. Suite 231

Boca Raton, FL 33431

By Telephone

561.241.8822

By Email

drjoe@drrabinovitz.com

Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. Member agrees that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Joseph Rabinovitz, Ed.D., P.A. in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.

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