<h1>David Earl Johnson, MSW, LICSW</h1>

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    Terms of Use

    Created on Sunday, 18 November 2012 21:31
    Written by DaveMSW
    Hits: 5227

    PLEASE READ THESE TERMS AND CONDITIONS BEFORE ACCESSING THIS WEBSITE

    This page states the "Terms of Use" under which you may use this website, which is an interactive on-line service operated by David Earl Johnson, MSW, LICSW (“DJ”), consisting of information services and content provided by DJ and other third parties (the “Site”). These Terms of Use include the Site Privacy Policy and form a binding agreement between you and DJ. Your access to or use of the Site indicates your acceptance of these Terms of Use.

    1) Acceptable Use. This Site is intended to provide users with general information. DJ does not recommend or endorse any specific professionals other than DJ, tests, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by DJ is solely at your own risk. Your use of the Site is a privilege.

    2) Rights Reserved.

    a) DJ hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for your personal use. This authorizes you to view and download a single copy of the material on the Site solely for your personal, noncommercial use. You must include the following notice in any downloaded materials: “Copyright David Earl Johnson, MSW, LICSW. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of David Earl Johnson, MSW, LICSW.”

    b) Except as expressly stated in these Terms of Use, DJ reserves all rights to all materials on the Site, including, without limitation, written content, graphical and design elements (including the Site’s “look and feel”), and service marks and trademarks. You may not sell, transfer or assign any products or services or your rights to any products or services provided by DJ to any third party without his express written authorization. You may not copy, modify, alter, or excerpt (or encourage or help others to copy, modify, alter, or excerpt) the Site materials. You may not use (or encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms of Use or by applicable law. You acknowledge and agree that these Terms of Use in no way convey any right, title or interest to you in any materials on the Site, including, without limitation, any statutory or common law copyright, patent or other intellectual property right in such materials.

    Notwithstanding the forgoing, you may request permission to license the publication of certain material by contacting DJ.

    3) Disclaimer.

    a) DJ makes no representations or warranties whatsoever regarding the Site and any materials on the Site. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF SERVICE OR ELSEWHERE, THE SITE IS PROVIDED ON AN “AS IS” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, DJ HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY OF NON-INFRINGEMENT AND ANY IMPLIED WARRANTY OF MERCHANTABILITY. DJ MAKES NO WARRANTY ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SITE. DJ MAKE NO WARRANTY THAT THE SITE’S SERVICE WILL BE UNINTERRUPTED, THE SITE’S FUNCTIONS SHALL BE ERROR-FREE OR, THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

    b) The Site is not intended to be a substitute for professional advice. Under no circumstances will DJ be liable for any loss or damage caused by your reliance on information obtained through the Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Site. Please seek the advice of professionals including DJ, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content. Never disregard professional advice, including medical advice, or delay in seeking it, because of something you has read on this Site.

    c) The opinions in the articles expressed on this Site are DJ’s.

    d) Further, DJ explicitly disclaims any responsibility for the accuracy, content or availability of information found on a site that links to or from the Site (a "third-party site"). DJ may offer links to, or incorporate into the Site, third-party sites that offer various products and/or services. DJ cannot ensure that users will be satisfied with any products or services that are purchased from such a third-party site, since such sites are owned and operated by others. DJ does not endorse any of such products or services, nor have DJ taken any steps to confirm the accuracy or reliability of any of the information contained in any third party sites. DJ does not make any representations or warranties as to the security of any information (including credit card and other personal information) users might be requested to give a third-party site. DJ strongly encourages users to make their own investigation of third-party sites before proceeding with any transaction with such third parties.

    e) DJ does not endorse, and nothing on the Site shall be deemed to be an endorsement, representation or warranty of any third party, whether in relation to such third party’s products, services, websites, experience or background or otherwise. DJ does not make any representations or warranties with regard to any materials posted by his users, directory members or bloggers. When you see the “Verified By” seal, it means DJ has made good faith, reasonable efforts to verify the following and have found no contrary information:

    i) The name and contact details provided by the professional.

    ii) That the professional's license, if applicable, is valid within the state in which he or she practices.

    iii) That the professional is not subject to any license strictures preventing practice.

    We verify the information at the time a professional is initially listed in his directory and then upon expiration of the professional's credentials.

    f) Some of the material on this Site may be provided by DJ. You accept that DJ disclaims all warranties and limits all liability arising in connection with this Site to the same extent and in the same manner as DJ does in these Terms of Use. You expressly agree that DJ may rely on your acceptance of such disclaimers and limits.

    h) Your use of the Site, the Internet, any materials you post or access via his Site and your conduct online or offline are at your own risk.

    4) Indemnification. You shall indemnify and defend DJ, and his officers, employees, consultants and trainers against any costs, expenses (including reasonable attorneys' fees whether arising out of a third-party claim or in enforcing this indemnification), claims, judgments, settlements and damages (including all damages awarded to third parties payable by us, but in all cases only his direct damages) arising out of, or related to, your use of the Site, any materials posted to the Site or provided to other users by you or any violation of these Terms of Use.

    5) Limits of Liability.

    A) NEITHER DJ, NOR ANY OF HIS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WILL BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES (“NON-DIRECT DAMAGES”), OF ANY CHARACTER, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, EVEN IF DJ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    B) THE LIABILITY OF DJ AND ANY OF HIS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS TO YOU OR TO ANY OTHER PERSON FOR DIRECT DAMAGES SHALL BE LIMITED TO THE GREATER OF US $100 OR THE FEES PAID BY YOU FOR his SERVICES DURING THE 12 MONTHS PRECEDING THE EVENTS THAT GIVE RISE TO YOUR FIRST CLAIM AGAINST DJ FOR DAMAGES.

    C) BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NON-DIRECT DAMAGES, THE LIMITATIONS IN PARAGRAPH (A) ABOVE MAY NOT APPLY TO YOU, BUT IN SUCH CASE, THE LIMITATIONS IN PARAGRAPH (B) SHALL APPLY TO BOTH DIRECT AND NON-DIRECT DAMAGES.

    6) Copyrights and Copyright Agent. DJ respects the rights of all copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide his Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. §512.

    a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    b) Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site is covered by a single notification, a representative list of such works at that site.

    c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit DJ to locate the material.

    d) Information reasonably sufficient to permit DJ to contact the complaining party.

    e) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

    f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    His Copyright Agent for notice of claims of copyright infringement on or regarding this site can be reached to DJ.

    7) Governing Law and Jurisdiction/Waiver of Jury Trial. These Terms of Use and any claim or dispute arising out of, relating to or in connection with these Terms of Use or the transactions contemplated hereby, whether in contract, tort or otherwise, shall be governed by and construed in accordance with the laws of the State of New York without giving effect to its conflicts of law principles. Each party irrevocably consents and agrees that any legal action, suit or proceeding against either of them arising out of, relating to or in connection with the transaction contemplated hereby or disputes relating hereto may be brought only in United States District Court for the Minnesota area, or if such court does not have jurisdiction, in the courts of the Minnesota located in Hennepin County and hereby irrevocably accepts and submits to the exclusive jurisdiction of the aforesaid courts in personam, with respect to any such action, suit or proceeding. EACH PARTY WAIVES TO THE FULLEST EXTENT PERMITTED BY LAW ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT OR PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING UNDER, RELATING TO OR IN CONNECTION WITH THESE TERMS OF USE.

    8) Notices. You shall send notices to DJ by mail or by email to his contact information listed here and addressed to the attention of LEGAL. Notices to you will be sent by mail or by email to the addresses you provide when registering. Notices shall be deemed given on the day actually received by recipient, if received as provided in this paragraph before 5pm on a business day in the recipient’s location. Notices received after 5pm or on a non-business day shall be deemed received on the next business day.

    9) Amendment. DJ may change these Terms of Use, including the Site Privacy Policy, at any time. DJ will post notification of changes on the Site and e-mail them to registered users. Your continued use of the Site after the posting on the Site of any changes (whether or not you have also received notice by email) indicates your acceptance of such changes.

    10) General. DJ and you are independent contractors of each other. Neither party shall be deemed in default for failure to comply with any provision hereof, if such failure results from acts or events beyond its reasonable control, other than payment of money. If any provision of these Terms of Use is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision. All provisions of these Terms of Use, except provisions that grant you access to or use of the Site, shall survive the termination of the agreement between DJ and you. These Terms of Use shall be binding upon the parties, their legal representatives, successors and permitted assigns, but may not be assigned by you. Except as may be expressly stated in any other written agreement signed by you and us, these Terms of Use, including the Site Privacy Policy (as amended from time to time by DJ as provided in these Terms of Use) contain the entire understanding between you and DJ and supersede any prior agreement between you and us, whether written or oral.