DESTLÊ
Terms of Service and Member (User) Agreement
Welcome to www.destle.com, the web site that is a venue for
on-line professional consulting services. It’s a
platform is where one can get precious expert advice.
DESTLÊ is owned and
operated by William John and Company, Govt. Of India Registered.
This is a legal agreement between you and William John and Company doing
business as D-E-S-T-L-Ê and hereinafter referred to as "DESTLÊ". If you
accept this Member Sign-up Form, you will become a "Member" having access to
the Site (Expert, Seller and Ad services) only under the policies, terms and
conditions below.
DESTLE AND DESTLÊ is one and the same thing.
This Agreement sets
and contains all of the terms and conditions between a user of this site
called Member and William John and Co. (DESTLÊ) by clicking on the “Yes”
button and then on the “Continue” button to submit the Member registration
form, a binding agreement will be executed between Member and Us. The Member
should therefore read this Agreement carefully. If, however, you (the
Member) do not agree to be bound by this Agreement, click on the “No”
button. In such case you will not be able to register as a Member at DESTLÊ.
Definition of Service
DESTLÊ provides a
platform where a Member can locate an Expert and ask for advice or services.
DESTLÊ will enable Member to negotiate and communicate with Experts and to
pay for services he or she will receive from such Experts. The specific
features and functionality of the Site are to be determined solely by DESTLÊ
and are subject to change or termination without notice. DESTLÊ makes no
representation or warranty whatsoever as to the willingness or ability of
any Expert to give advice, or that the Member shall find the advice given by
an Expert satisfactory, or that it will provide an adequate solution to his
or her question, or otherwise be suitable to his or her needs. Member is
encouraged to verify the skills, degree and background of those Experts from
whom he or she receives or contemplates to receive advice or services.
Member
Warranties
By submitting the
Member registration form, the Member warrants and declares the following:
1
He or
she is at least 18 years of age or a legally organized entity, that he or
she is authorized to represent the person or entity that is submitting a
Member registration, and that he or she is authorized to sign the
registration form on its behalf and bind it;
2
The
information furnished in the registration form is accurate, true and
complete, and to maintain and update such information during the term of
this Agreement so that it will remain true, accurate, current and complete.
3
Member will
be solely and fully liable for all conduct, postings and transmissions that
are made under his or her user name and password. The Member warrants and
declares that while he or she is using DESTLÊ he or she will act according
to the following rules:
4
Member
will have the sole responsibility to verify the Expert's identity,
qualifications, biographic information, licenses held, and other information
delivered to him or her by an Expert.
5
DESTLÊ
is not involved in any transactions between Member and Expert. DESTLÊ does
not control the quality or relevance of the advice, whether the expert is
qualified to provide the specific advice, whether the expert 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 it by Members or Experts or advice. In addition, DESTLÊ cannot and
will not make any effort to verify the identify of any of the Experts;
6
Member
agrees that any information or content that he or she posts or transmits or
receives through DESTLÊ will not be considered confidential. Member grants
DESTLÊ 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.
7
Member
will not mislead Expert to believe that he or she will pay for a service or
advice but will not act accordingly;
8
All
interactions between Member and Expert will be billed through DESTLÊ
regardless if the interaction is online or offline. Member agrees to abide
by the pricing terms agreed upon with an Expert while utilizing DESTLÊ;
9
Member
will not take any actions that may undermine, disrupt or manipulate the
integrity of the Expert’s feedback (rating) system on the Site. Currently
only ratings for paid sessions of $1.00 and more will count towards the
expert's public ratings and rating average. DESTLÊ may change the
above-mentioned minimum session fee at any time and without warning, and
even remove old ratings given for paid sessions with a fee lower than any
newly set minimum fee. DESTLÊ also reserves the right to exclude without
explanation any rating that we think may compromise the integrity of the
member feedback system.
*** Member will be
able to rate the one expert only once. Future sessions with the expert will
not allow member to rate.
10
Member
will not to interfere with or disrupt the DESTLÊ servers or networks
connected to the Site;
11
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 unsolicited mass distribution of email or forum postings.
12
Member
will not transmit through the Service any unlawful, harassing, libelous,
privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist,
harmful, or otherwise objectionable material of any kind;
13
Member
will not disobey or breach this Agreement or any other applicable
instructions conveyed by DESTLÊ and its officers;
14
Member
will not violate any applicable local, state, national or international law,
statute, ordinance, rule, regulation or ethical code;
15
Member
will not upload, post, e-mail, transmit or otherwise make available any
information or material that infringes upon a third party right, especially
intellectual property rights;
16
Member
will not upload, post, e-mail, transmit or otherwise make available any
third party advertisements, including banner exchange services
17
Member
will not upload post, e-mail, transmit or otherwise make available software
viruses, Trojan horses, worms or any other malicious application.
18
DESTLÊ
enables the transfer of files between Members and Experts. When opening such
file attachments received from Experts it is the Member's responsibility to
scan them with an anti-virus software application prior to opening them.
19
Member
will not impersonate any person or entity, or make any false statement
regarding his or her employment, agency or affiliation with any person or
entity.
20
Member
will not stalk, threaten or harass Experts or other Members or infringe upon
or attempt to infringe upon their privacy.
21
Member
will not upload, post, e-mail, transmit or otherwise make available any
information or material which may constitute or encourage conduct that is a
criminal offense or civil wrong or otherwise violates any applicable law.
22
DESTLÊ may
review the Member's personal profile and amend any typing or spelling
errors. DESTLÊ 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, DESTLÊ may, in its absolute discretion, refuse to
post, transmit or remove any content uploaded by the Member. Without
derogating from the above, DESTLÊ may remove any content violating this
Agreement. The Member will bear all the risks associated with the uploading
and transmitting of material while utilizing DESTLÊ, including reliance on
its accuracy, reliability or legality.
23
DESTLÊ will
use reasonable efforts to process the payments due from the Member according
to the terms agreed upon between the Member and an Expert within seven (7)
working days from the execution date of each transaction.
24
Members
first interaction with expert it FREE until he or she is satisfied and ready
to hire the expert to provide his or her service. Once member is hired it’s
at the sole discretion of member for how much time to hire the expert.
25
Returning
Members to expert will hire expert automatically after two minutes. This
free time to expert is controlled by DESTLÊ and DESTLÊ is fully authorized
to increase or decrease this but this change will be conveyed to the member.
26
Member is
obligated to report to DESTLÊ in cases when he or she was billed directly by
an Expert (i.e. not through DESTLÊ). Such report should include a
description of the service that was rendered by the Expert and the price
charged.
27
Time
charges to Members are based on increments of a minute as measured on
DESTLÊ's servers. Charges to Members are rounded up so that any part of a
minute is considered a full minute of time charges. DESTLÊ's billing system
is not fault-free or flexible; therefore DESTLÊ shall not be liable for any
problems, miscalculations or malfunctions in processing the payments owed by
the Member. If the Member thinks that a mistake has occurred he or she may
send his or her complaint to
billing@destle.com
28
Member is
responsible for maintaining the confidentiality of the means that were given
to him or her in order to use the Site, including password, user name, etc,
and is fully responsible for all activities that occur under such means.
Member will immediately notify DESTLÊ of any unauthorized use of Member's
password, user name, e-mail, or any other breach of security. DESTLÊ
encourages Member to change his or her password at least once a month.
29
Member does
not have to furnish the information required for registration to DESTLÊ.
However, without that information Member will not be able to use the
services of DESTLÊ. William John and Co. is the sole owner of the
information collected on this Site. DESTLÊ will not sell, share, or rent
this information to others in ways different from what is disclosed in this
Agreement.
30
In order to
use DESTLÊ, both Members and Experts must first complete a registration
form. During registration the Member is requested to furnish contact
information, such as name and email address. This information may be used to
contact the Member about the services on DESTLÊ in which he or she 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 unique identifiers (such as a screen name), so DESTLÊ 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.
31
The
information furnished by the Member during the registration process will be
kept in DESTLÊ's database. DESTLÊ will use reasonable means to protect the
integrity and safety of the database. However, such means are not
fault-proof and DESTLÊ will therefore not be liable for any direct,
indirect, consequential or incidental damage that the Member may sustain due
to unauthorized intrusion of the database.
32
The main purpose of DESTLÊ is to allow the Member to look for
Experts that may give the Member advice or a service that he or she seeks.
DESTLÊ does not screen or edit the content of communications between Experts
and Members, but DESTLÊ may copy, transmit and review communications
conducted by or through DESTLÊ for technical support and/or in order to
uphold these Terms of Service. Such communications are personal and private
unless both parties agree to additional distribution, for example by posting
questions or services on the Public Board (described later). Currently, chat
communications between the Member and DESTLÊ's servers are encrypted. Chat
communications between the Expert and DESTLÊ's servers are also encrypted.
Email and phone communications are not encrypted and thus may be more
susceptible to unauthorized monitoring.
33
DESTLÊ makes public bulletin boards available to its Members.
The public boards allow Members to post questions or service requests that
can be viewed by all Experts. Requests may be posted anonymously. A Member
can also determine the length of time he or she wishes to have his or her
question remain “in view” on the public board. All postings, descriptions,
etc. are public until Member enters into a personal negotiation with an
Expert. All subsequent communications between the Member and Expert,
including both the negotiation phase and the actual relaying of service, are
not available to other DESTLÊ Members and Experts, and are confidential
between Expert and Member. Chat and e-mail communications between Members
and Experts are stored on DESTLÊ servers for a certain amount of time and
available for review by Experts and, if a paid session, by Members. DESTLÊ
uses IP addresses to analyze trends, administer the site, track a Member's
movement, and gather broad demographic information for aggregate use. IP
addresses are also linked to personally identifiable information in order to
improve the Member's experience when using the Site. DESTLÊ may also retain
any emails, letters, or other correspondence between the Member and DESTLÊ
to ensure quality control and the best possible service, although it has no
obligation to do so.
34
DESTLÊ 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 DESTLÊ, the Member
will not have to enter his or her login information (his or her email and
password) every time he or she logs into his or her account, thereby saving
time while on DESTLÊ. If the Member rejects the cookie, he or she may still
use DESTLÊ; Member will simply have to login each time he or she visits the
Site. Cookies can also be used to enable DESTLÊ to track and target the
interests of the Member in order to enhance his or her experience on DESTLÊ.
Of course, if the Member shares his or her computer with others, others may
be able, with certain browsers or under certain circumstances, to read the
Member's communications with Experts and DESTLÊ.
35
DESTLÊ may use the information furnished by the Member, as
well as information that it collects regarding use patterns and transactions
that are conducted through DESTLÊ, in order to improve DESTLÊ, to analyze
statistical information regarding DESTLÊ, and to furnish such statistics to
third parties, including advertisers. Information furnished to third parties
will not identify the Member personally.
36
DESTLÊ may from time to time send e-mail advertisements to
Members, whether the material is its own or is commercial information
furnished by third parties. Member is given the opportunity to 'opt-out' of
having his or her information used for purposes not directly related to
DESTLÊ at the point when DESTLÊ asks for such information. DESTLÊ's
registration form has an 'opt-out' mechanism to allow for removal from
newsletters, promotions, etc., and Members can always choose to 'opt-out' by
following the appropriate procedure from within the Member's DESTLÊ account.
37
Ratings and testimonials provided by Members on DESTLÊ are
public and are identified by the Member's Screen Name. If the Member elects
to use DESTLÊ's referral service for informing a friend about the Site,
DESTLÊ asks the Member for the friend's name and email address. DESTLÊ will
automatically send the friend a one-time email inviting them to visit the
Site. DESTLÊ stores this information for the sole purpose of sending this
one-time email. The friend may contact DESTLÊ at support@DESTLÊ to request
the removal of this information from its database.
38
DESTLÊ reserves the right to partner with another party to
provide specific services. When the Member signs up for these services,
DESTLÊ will share names, or other contact information that is necessary for
the third party to provide these services. These parties are not allowed to
use personally identifiable information except for the purpose of providing
these services or as otherwise specified in the registration process for
such services.
39
DESTLÊ may assign, transfer, rent, sell or lease its database,
without giving the Member any prior notice, to any other subsidiary of
DESTLÊ's holding company, DESTLÊ'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 DESTLÊ's privacy policy. DESTLÊ 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 DESTLÊ and the Member. In addition, DESTLÊ may
disclose personally identifiable information to the Expert or to public
authorities to deal with emergency situations or situations where the
Member's safety may be in jeopardy.\
40
DESTLÊ 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. Unless Member agrees otherwise, all personally identifiable
information is stored solely by DESTLÊ. DESTLÊ does record an affiliate web
site from which a visitor has linked to DESTLÊ. If a visitor registers to
become an Expert and/or a Member, DESTLÊ may track the partner's name in
order to further the relationships DESTLÊ has with its affiliates.
41
If a Member wishes to update his or her personally
identifiable information, such as a mailing address, or if a Member no
longer desires DESTLÊ's service, DESTLÊ will endeavor to provide a way to
correct, update or opt-out of any of DESTLÊ's services. This can usually be
done from within the Member's DESTLÊ account, or by emailing our Customer
Support at
support@destle.com
Content
DESTLÊ may contain
content, including financial information, provided by third parties. Such
content is provided for informational purposes only and is not intended for
trade or investment purposes. Furthermore, DESTLÊ operates bulletin boards
pursuant to which Experts may answer questions regarding various topics.
DESTLÊ does not warrant the validity, accuracy, or availability of the
content and Expert advice and it will not be liable for any damages
sustained due to reliance on such information or advice.
The information
furnished by Experts is intended for general reference purpose only. The
consultation with Experts via DESTLÊ cannot and does not replace a meeting
with a professional. Member is encouraged to verify the information
furnished by Experts. Any information on DESTLÊ and information furnished by
Experts is 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
DESTLÊ may contain
links to web sites operated by third parties. DESTLÊ has no control over
such sites and the information provided in them. The Member acknowledges and
agrees that DESTLÊ is not responsible for the availability of such third
party web sites and will not be responsible or liable for any content,
advertising, products, privacy policy or other materials contained therein.
The Member warrants and agrees that DESTLÊ 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 on any such
content, products or services available on or through any third party web
sites. DESTLÊ encourages the Member to be aware when he or she leaves DESTLÊ
and to read the privacy statements of each and every web site that collects
personally identifiable information.
Advertisements
DESTLÊ may include in
DESTLÊ 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 or receive other
messages, information or offers from the advertiser.
The Member acknowledges and agrees that DESTLÊ is not liable for the privacy
practices of advertisers or the content of their web sites, information,
messages or offers. The Member is wholly liable for all communications with
advertisers and for all transactions subsequently executed.
Modifications and
Termination of DESTLÊ
DESTLÊ reserves the
right to modify or discontinue, temporarily or permanently, the services in
DESTLÊ, with or without notice to Member. Member agrees that DESTLÊ shall
not be liable to Member or any third party for any modification or
discontinuance of DESTLÊ's services, or for any losses or damages that may
result to Member from such discontinuation or interruption of service.
DESTLÊ's services depend on various factors such as software, hardware and
communications networks of DESTLÊ, its contractors and suppliers. Hence,
DESTLÊ cannot guarantee that DESTLÊ's service will be uninterrupted or that
it will be timely, secure or error-free.
DESTLÊ, in its sole discretion and for any reason, may terminate Member's
participation in DESTLÊ and refuse any and all current or future use by
Member of DESTLÊ.
Intellectual Property
DESTLÊ is the sole
owner of all the intellectual property, and in particular the copyright,
trademarks, database and patents, in DESTLÊ and in any software,
application, graphics, text and other materials used therein, including the
organization and selection of the materials contained therein.
DESTLÊ contains
copyrighted material, trade secrets and proprietary information owned by
DESTLÊ. This Agreement does not grant the Member any rights to patents,
copyrights, trade secrets, trade names, trademarks (whether registered or
unregistered), domain names or any other rights, functions or licenses in
respect of DESTLÊ. The Member may not create derivative software based upon
any trade secret, intellectual property or proprietary information of DESTLÊ.
Furthermore, the Member may not sub-license, assign, transfer, sell or make
any other commercial use of his or her membership in DESTLÊ.
The Member may not
adapt or use any trademark or trade name, domain name similar to or likely
to be confused with that of DESTLÊ's and DESTLÊ, or take any other action
that infringes upon or impairs DESTLÊ's trademark rights.
DESTLÊ shall retain all ownership in and to DESTLÊ and all content displayed
on the DESTLÊ including copies of data transferred or received by Member
through the Site.
Copyright Policy:
DESTLÊ respects the
intellectual property of others, and we ask our users to do the same. DESTLÊ
may, in appropriate circumstances and at its discretion, terminate the
account or 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 DESTLÊ's Copyright Agent the following information:
- An
electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright interest;
- 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;
- A
description of where the material that you claim is infringing is located on
the site, including the URL;
- Your
address, telephone number, and email address;
- 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; 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.
DESTLÊ's Copyright
Agent for Notice of claims of copyright infringement can be reached as
follows:
By mail: Copyright
Agent
William John and
Company
B-21, Partap Chamber
Karol Bagh, New
Delhi-110005
Or By phone: (91)
9310201020
or By fax: (91)
By email:
copyright@destle.com
Limited License
DESTLÊ grants Member a
nonexclusive, revocable right to use the Site provided that Member does not
copy, modify, create a derivative work of, reverse engineer or otherwise
attempt to discover any source code thereof, or breach this Agreement.
Disclaimer of Warranty
and Limitation of Liability
THE MEMBER
ACKNOWLEDGES AND AGREES THAT DESTLÊ IS PROVIDED “AS IS”, AND THEREFORE HE
WILL NOT HAVE ANY CLAIM OR DEMAND VIS-A-VIS DESTLÊ IN RESPECT TO DESTLÊ'S
PROPERTIES, LIMITATIONS OR COMPATIBILITY WITH THE MEMBER'S NEEDS. THE USE OF
DESTLÊ IS AT THE MEMBER'S SOLE RISK, WITHOUT WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
DESTLÊ EXPRESSLY
DISCLAIMS ALL WARRANTIES FOR INFORMATION POSTED OR TRANSMITTED BY EXPERTS.
IF A MEMBER DECIDES TO RELAY INFORMATION PROVIDED BY AN EXPERT FOLLOWING THE
USE OF DESTLÊ, HE MUST EXERCISE A HIGH STANDARD OF CARE. THE MEMBER SHALL
NOT HAVE ANY CLAIM OR DEMAND VIS-A-VIS DESTLÊ, ITS OFFICERS, DIRECTORS,
SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS IN RESPECT TO ANY
SERVICE OR ADVICE HE DECIDES TO RECEIVE AND/OR RELAY FURTHER. DESTLÊ WILL
NOT BE DEEMED THE PROVIDER OR RECIPIENT OF ANY SERVICES ACQUIRED THROUGH
DESTLÊ. THE SALE OR PURCHASE OF SERVICES IS EFFECTED AT THE MEMBER'S SOLE
RISK.
UNDER NO CIRCUMSTANCES
WILL DESTLÊ, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS,
EMPLOYEES, AGENTS, SHAREHOLDERS AND SUB-CONTRACTORS BE LIABLE TO ANY MEMBER
FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY
DAMAGES ARISING FROM ANY PROVISION OF THIS AGREEMENT. DESTLÊ, ITS
AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS,
SHAREHOLDERS AND SUB-CONTRACTORS' AGGREGATE LIABILITY FOR DIRECT DAMAGES
ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL AMOUNT OF
MONEY PAID BY MEMBER TO EXPERTS THROUGH DESTLÊ IN THE SIX MONTH PERIOD PRIOR
TO THE DATE THE CLAIM AROSE. MEMBER ACKNOWLEDGES AND AGREES THAT DESTLÊ
DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION BROUGHT BY
AN EXPERT IN CONNECTION WITH PAYMENT FOR HIS SERVICES BY THE MEMBER AND
MEMBER AGREES TO INDEMNIFY AND HOLD DESTLÊ HARMLESS IN CONNECTION WITH ANY
SUCH CLAIM.
DESTLÊ WILL NOT BE
LIABLE FOR ENFORCING ANY AGREEMENT THAT WAS MADE BETWEEN AN EXPERT AND A
MEMBER, INCLUDING A MEMBER FEE AGREEMENT. MEMBER WILL BE SOLELY RESPONSIBLE
FOR ANY AGREEMENT MADE WITH AN EXPERT.
IN THE EVENT OF A DISPUTE REGARDING ANY TRANSACTION CONDUCTED THROUGH DESTLÊ,
THE MEMBER HEREBY RELIEVES DESTLÊ, ITS RESPECTIVE DIRECTORS, OFFICERS,
EMPLOYEES, AGENTS, SHAREHOLDERS AND SUB-CONTRACTORS FROM ALL MANNER OF
ACTIONS, CLAIMS 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.
Interactions with
Mental Health Professionals and other Experts
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) on the Site, the Member
relationship (as with all other experts) is strictly with the mental health
professional and DESTLÊ is not involved in any way with the substance of
that relationship or the advice or information given therein. DESTLÊ does
not endorse or recommend any mental health professional or other expert on
the Site. Member understands that it is his or her responsibility to check
the certification and/or licensing of the mental health professional and
other experts with the applicable state licensing Board or authorities in
the expert’s state or country.
Member acknowledges
that neither the mental health professionals on the Site nor other experts
are employees or agents of DESTLÊ nor DESTLÊ assumes no responsibility for
any act or omission of any mental health professional or other expert.
Member understands and agrees that, although a mental health professional or
other expert may have been accessed through the Site, DESTLÊ cannot predict
or assess the competence of, or appropriateness for Member's needs, of the
mental health professional or other expert. Member also understands that
Member takes full responsibility for the decision to access a mental health
professional or other expert through the Site and to continue to interact
with the mental health professional or other expert, and that the role of
DESTLÊ is strictly limited to providing access to mental health
professionals and other experts and their services for Member's
consideration.
Member hereby releases
and agrees to hold harmless DESTLÊ, its directors, officers, employees,
agents, successors, advisors, consultants, and assigns from any and all
causes of action and claims of any nature resulting from the acts of mental
health professionals or other experts 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 professional advice.
IF YOU
ARE THINKING ABOUT SUICIDE OR FEEL THAT YOU MAY BE
A DANGER TO YOURSELF OR TO OTHERS, PLEASE IMMEDIATELY
CALL 101 (OR THE RELEVANT EMERGENCY NUMBER IN YOUR
COUNTRY) AND NOTIFY THE POLICE OR EMERGENCY MEDICAL
SERVICES.
Opinions of the mental
health professionals and other experts are solely their opinions, and not
those of DESTLÊ. DESTLÊ does not assume any liability or responsibility for
the accuracy of the content on the Site, including the biographical
information of the mental health professionals or other experts. DESTLÊ does
not assume any liability or responsibility for damage or injury to persons
or property arising from the use of any information or advice given by an
Expert.
Indemnification
Member shall
indemnify, defend and hold harmless DESTLÊ, and its employees,
representatives, agents and affiliates 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 DESTLÊ 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 according to this Agreement; (b)
Member's refusal to pay for services provided by any Expert; or (c) any
materials that Member had posted to DESTLÊ or transmitted 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, postpaid registered or certified mail, 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 DESTLÊ. Any purported assignment by Member without
the appropriate prior written approval will be null and void and of no force
or effect.
Modifications to this
Agreement
DESTLÊ may change this
Agreement or any part hereof at any time according to its absolute
discretion and without any prior notice. Therefore, Member is encouraged to
check the terms of this Agreement frequently. By using the service or Site
after the changes, Member agrees to be bound by such changes to this
Agreement.
Miscellaneous
Nothing in this
Agreement shall be construed 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 interpreted only in accordance with the laws of the State
of New York (excluding any rules governing choice of laws), and any legal
proceeding arising out this Agreement will occur exclusively in the courts
located in New York, New York. This Agreement will be binding and will inure
to the benefit of the legal representatives, successors and assigns of the
parties hereto. This Agreement (and the policies referenced herein and
incorporated by reference) constitutes the entire agreement between DESTLÊ
and Member with respect to the subject matter hereof, and Member has not
relied upon any promises or representations by DESTLÊ with respect to the
subject matter except as set forth herein. DESTLÊ services are not open to
Members who live in a country that is prohibited by law, regulation, treaty
or administrative act from entering into trade relations with the United
States.
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
legal@destle.com
Last Updated: May 1,
2008