ONLINE SERVICE AGREEMENT

BY ACCESSING OR USING ASKACHILDPSYCHOLOGIST.COM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE ASKACHILDPSYCHOLOGIST.COM. YOUR USE OF ASKACHILDPSYCHOLOGIST.COM IS ALSO SUBJECT TO ALL ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR ON THIS WEB SITE, INCLUDING BUT NOT LIMITED TO THE CONTENT OF THE PRIVACY AND SECURITY SECTIONS, AND THIS AGREEMENT ENCOMPASSES ALL OF THAT CONTENT AS WELL. ASKACHILDPSYCHOLOGIST.COM MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATION SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT. YOU AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO ENSURE THAT YOU ARE AWARE OF ANY MODIFICATIONS. YOUR CONTINUED ACCESS OR USE OF ASKACHILDPSYCHOLOGIST.COM SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this agreement and to use AskaChildPsychologist.com in accordance with this agreement.

ACCESS TO AND USE OF ASKACHILDPSYCHOLOGIST.COM IS NOT DESIGNED TO BE, NOR DOES IT CONSTITUTE, A PROFESSIONAL RELATIONSHIP OR PSYCHOLOGIST-PATIENT RELATIONSHIP. You understand and agree that when you access or use this web site in any way you are not a patient of anyone associated with this site, and no one referred to by you in, or associated with the subject of, any communications is a patient of anyone associated with this web site. You understand and agree that the answers provided herein by the psychologist do not constitute therapy, diagnosis, testing, assessment, evaluation, treatment, counseling, supervision, forensic or professional opinions, research, or teaching. You further understand and agree that any actions taken based on answers received within this web site are the result of your own decision-making.

AskaChildPsychologist.com is an internet-based online information and resource service. SUCH AN ONLINE SERVICE IS NOT INTENDED TO BE A SUBSTITUTE FOR DIRECT IN-PERSON ASSESSMENT, DIAGNOSIS, CONSULTATION, AND/OR TREATMENT OF APPLICABLE PROBLEMS. In-person contact with a trained professional is often necessary to fully and adequately address many problems encountered by children, parents, and families. If information provided by you to AskaChildPsychologist.com suggests that you do need to see a professional in person, then such a course of action will be recommended to you, and you agree to pursue that accordingly. You agree to not delay seeking professional assistance in person when that is needed, and you agree to never disregard professional information, opinions, advice, findings, or recommendations obtained in person based upon any information obtained solely on AskaChildPsychologist.com.

In the event that AskaChildPsychologist.com suggests that you see a qualified professional in person, you will never be referred to a specific person or provider, clinic, institution, or business. Any suggestion by AskaChildPsychologist.com that you, or the subject(s) of any communications by you, should seek in-person consultation with a qualified professional shall not be construed as a formal referral to any professional. Rather, it shall be your responsibility, or the applicable individual's responsibility, to seek out and obtain a formal referral for such services from the primary care provider or other person as required by any insurance company, managed care company, health maintenance organization, or other payor.

AskaChildPsychologist.com has no business or commercial relationship, connection, or interest in any other provider, service, institution, or other business referenced on AskaChildPsychologist.com. ASKACHILDPSYCHOLOGIST.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS, AND SUPPLIERS DO NOT WARRANT THE INFORMATION OR SERVICES, OR ANY ASPECT OF THE SERVICES, NOR WILL BE HELD LIABLE FOR ANY SUCH SERVICES WHICH MAY BE PROVIDED BY ANY PERSON, PROVIDER, SERVICE, INSTITUTION OR OTHER BUSINESS REFERENCED ON THIS WEBSITE.

ASKACHILDPSYCHOLOGIST.COM CANNOT, AND SHOULD NOT, BE USED FOR ANY EMERGENCY SITUATIONS. In addition, neither the Ask a Question service nor any other method of contacting or communicating with AskaChildPsychologist.com are staffed live or continuously. You understand and agree that if you or someone else is suicidal, homicidal, or the safety of you or someone else is threatened, then you will immediately seek help from your family, friends, neighbors, doctor, spiritual leader, local law enforcement, or anyone who is immediately accessible. You should call 911, or other applicable emergency number in your locale, or the telephone operator and ask for help if need be. You understand and agree that in any case of suspected or known child abuse or neglect, elder abuse or neglect, or abuse or neglect of a dependent disabled person you will report all known information to the appropriate authorities in your local area/state/country. If you are not sure who to contact, call the telephone operator and ask to be connected to the appropriate agency, or contact your local law enforcement for instructions and assistance with such an issue.

ASKACHILDPSYCHOLOGIST.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS, OR SUPPLIERS REQUEST THAT THE USER NOT USE OR ATTEMPT TO USE ANY INFORMATION OBTAINED HEREIN, OR THROUGH A RESPONSE TO A QUESTION, AS EXPERT OPINION OR EXPERT TESTIMONY IN ANY LEGAL, ADVERSARIAL OR JUDICIAL SETTING. THE USER ALSO UNDERSTANDS AND AGREES THAT NO SERVICE PROVIDED AND NO INFORMATION OBTAINED HEREIN SHOULD BE USED AS PART OF ANY FORENSIC EVALUATION.

Other than the manner of collecting credit card payment for fees as detailed elsewhere on this web site, including through any third party secure payment system, there will be NO FURTHER HANDLING OF YOUR PAYMENT. The exception is if we are unable to answer your question. In that instance, your credit card charge will be reversed. The Ask a Question service of AskaChildPsychologist.com is likely not covered by insurance of any sort presently; if you choose to submit a claim, we will not be responsible for submitting any claims to any insurance handler, and are unable to provide any information as part of any insurance claim.

AskaChildPsychologist.com endeavors to ensure confidentiality, privacy, and security through this web site. You understand that confidentiality, privacy, and security cannot be 100% guaranteed over the internet, however, and also agree to take all appropriate and reasonable measures toward those ends as a user of this site, including the careful handling of your submitted question(s), answer(s) received, order number, user ID, and password, as well as any other information related to your use of this site. If you utilize any video or voice call as part of the services of this site, the entirety of the above also applies to those media; in addition you understand that it is solely your responsibility to be certain that your use of these services are private and confidential.

AskaChildPsychologist.com reserves the right to publish a compilation of questions and answers from the website’s secure database. In no case will anyone's identity be revealed, and any and all personally identifiable information will be deleted from the content of the questions/answers. The user agrees to grant AskaChildPsychologist.com in perpetuity a non-exclusive license to publish such content or material in whole or in part or as edited or modified by AskaChildPsychologist.com, and without compensation to the user. The user also specifically waives any objection to the publication of his/her question(s)/answer(s).

This website may at times contain clearly marked hyperlinks to other websites. AskaChildPsychologist.com does not endorse or otherwise accept responsibility for the content of those websites.

All unsolicited emails seeking professional answers to questions which should be submitted through the formal Ask a Question format herein (and for which there is an accompanying fee) will not be answered. AskaChildPsychologist.com reserves the right to decline services to any user, and at the sole discretion of AskaChildPsychologist.com.

All services are provided by AskaChildPsychologist.com in the state of Texas. This agreement shall be governed by and construed in accordance with the laws of the State of Texas. You agree that any legal action or proceeding between AskaChildPsychologist.com and you for any purpose concerning, arising out of, or relating to this agreement or the parties' obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in the city of Austin, Travis County, Texas, United States.

The entire contents of AskaChildPsychologist.com are owned and copyrighted by AskaChildPsychologist.com, and these contents are protected by the copyright laws of the United States and other countries. As a user of this web site, you may access, view, and print materials for your own personal non-commercial use. Any other use of copyrighted materials is strictly prohibited without the express written consent of AskaChildPsychologist.com which reserves all rights.

"Ask a Child Psychologist" is a registered U.S. trademark of Samuel R. Hackworth, Ph.D., and AskaChildPsychologist.com, PLLC.

Waiver and Limitation of Liability:

You understand and agree that the use of any and all services provided by Dr. Hackworth and/or AskaChildPsychologist.com is entirely at your own risk. Services are provided "as is," without warranty of any kind, either express or implied. Specifically, any and all warranties are disclaimed, including without limitation any warranties concerning the availability, quality, accuracy or content of information, products or treatment services, or outcome. This disclaimer of liability applies to any damages or injury caused by the failure of performance, error, omission, interruption, deletion, defect, delay in operation of transmission, computer virus or breakdown, communication line failure, theft, destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. Neither the provider nor any of his agents, affiliates, or content providers shall be liable for any direct, indirect, special or consequential damages arising out of the use of the service or inability to gain access to or use the service or out of any breach of any warranty. You hereby acknowledge that the provisions of this section shall apply to all content on these services.

BY USING OR ACCESSING THIS WEB SITE, THE USER HEREBY RELEASES AND FOREVER WAIVES ANY AND ALL CLAIMS THE USER MAY HAVE AGAINST ASKACHILDPSYCHOLOGIST.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS, OR SUPPLIERS, INCLUDING, BUT NOT LIMITED TO, CLAIMS BASED UPON NEGLIGENCE OF ASKACHILDPSYCHOLOGIST.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS FOR LOSSES OR DAMAGES THE USER MAY SUSTAIN IN CONNECTION WITH THE USE OF ASKACHILDPSYCHOLOGIST.COM.

NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF ASKACHILDPSYCHOLOGIST.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS, OR SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY THE USER FOR THE PARTICULAR INFORMATION, ANSWER, OR SERVICE PROVIDED. IN NO EVENT SHALL ASKACHILDPSYCHOLOGIST.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS BE LIABLE TO THE USER FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT SPECIFIED OR REFERRED TO ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE ARISING FROM ANY INFORMATION OR USE OF INFORMATION OR OTHER PARTS OF ASKACHILDPSYCHOLOGIST.COM ARE HEREBY EXCLUDED EVEN IF ASKACHILDPSYCHOLOGIST.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS, OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.