Terms of Use


Last Updated:  January 4, 2019


WELCOME TO PRESENTCENTER.NET.  THE SITE IS OWNED AND OPERATED BY, THE PRESENT CENTER FOR MINDFULNESS AND HEALING LLC. (HEREAFTER “PCMH”).  PLEASE READ THESE TERMS OF USE (THIS "AGREEMENT") CAREFULLY BEFORE USING PRESENTCENTER.NET, ITS MOBILE APPLICATIONS AND SOCIAL MEDIA PAGES (INCLUDING FACEBOOK AND TWITTER PAGES) AND ANY SERVICES OFFERED THROUGH PRESENTCENTER.NET, ITS MOBILE APPLICATIONS AND AFFILIATED SOCIAL MEDIA OR THIRD PARTY WEB PAGES OR PREMIUM CUSTOM SITES OPERATED BY USERS UTILIZING THE PCMH PLATFORM (COLLECTIVELY REFERRED TO HEREAFTER AS THE “SITE ”).  THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF PCMH.


By using Site in any manner, including but not limited to visiting or navigating any part of PRESENTCENTER.NET , all users of the Site (including, without limitation, Customers as defined below) agree to be bound by this Agreement, including those additional terms and conditions and policies referenced and/or available by hyperlink herein.  This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site or in connection with PCMH.  Different sections of the Agreement may affect users different depending upon their use of the Site, so please make sure to review this Agreement carefully. 
If you have any questions, please refer to the contact us section.
Right to Refuse Service: We reserve the right, in our sole discretion, to cancel unconfirmed or inactive accounts. Further, we reserve the right to refuse service to anyone, for any reason, at any time.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content.  In addition, you must abide by our policies as stated in this Agreement and the policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by PCMH, each of which is incorporated herein by reference and each of which may be updated by PCMH from time to time without notice to you:

1. Prohibited, Questionable and Infringing Items and Activities by All Users
Each user is solely responsible for his/her/its conduct and activities on and regarding to the Site and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that the user submits, posts, and displays on the Site. Furthermore, no action that would cause PCMH to violate any applicable law, statute, ordinance or regulation, or that violates this Agreement.
Restricted Activities: Your Content and your use of the Site shall not:
(i)        Be false, inaccurate or misleading
(ii)       Be fraudulent or involve the sale of illegal, counterfeit or stolen items.
(iii)      Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy.
(iv)       Violate this Agreement, any site policy, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising).
(v)        Contain items that have been identified by the U.S. Consumer Products Safety Commission as hazardous to consumers and therefore subject to a recall.
(vi)       Be defamatory, discriminatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including our staff or other users), or falsely state or otherwise misrepresent your affiliation with any person through, for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device.
(vii)      Be obscene or contain child pornography.
(viii)     Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
(ix)        Host images not part of a listing.
(x)         Modify, adapt or hack the Site or modify another website so as to falsely imply that it is associated with PCMH     .
(xi)        Appear to create liability for PCMH or cause PCMH to lose (in whole or in part) the services of PCMH's ISPs or other suppliers.
(xii)       Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, other agreements hyperlinked herein, or other policy documents as posted on the Site.
(xiii)      Use the Site to collect orders for any other business to fulfill.
(xiv)       Reproduce, duplicate, copy, sell, trade or resell any of the services within the Site for any purpose.
(xv)        Engage in activity that interferes with or disrupt the Site (or the servers and networks which are connected to the Site).
(xvi)       Contain alcohol
Notwithstanding anything to the contrary herein, we reserve the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from the Site.


2. Content, Material & Licenses
We own all legal right, title and interest in and to the Site, including any intellectual property rights which subsist in the Site, whether those rights happen to be registered or not, and wherever those rights may exist.  Unless you have agreed otherwise in writing with PCMH, nothing in this Agreement gives you a right to use any of PCMH’s trade names, trademarks, service marks, logos, domain names and other distinctive brand features.


3. Copyright Ownership of PCMH Generated Content:  As part of its services to Psychologists, PCMH (either directly or through one of its authorized contractors) may create or otherwise generate images of certain products offered (hereafter, “PCMH Generated Content”) which may then be utilized to advertise or other sell the respective products through Storefronts and Premium Custom Sites only.  By availing themselves of this service, you acknowledge and agree that PCMH owns any and all rights to use, publish, and copyright PCMH Generated Content in any and all media, now or hereafter known.  Further release to PCMH all rights to exhibit this PCMH Generated Content (even if it includes or otherwise encompasses any work that may claim copyright upon) in any and all media, now or hereafter known, publicly or privately.  You further acknowledge and agree that they have no right, title, or interest in or to any of the PCMH Generated Content and hereby release and hold harmless PCMH and its successors and assigns from any damages or liability relating to or arising from any use of or modification or alteration to any of the PCMH Generated Content; and hereby waive any claims they may have based on any use of the PCMH Generated Content or works derived therefrom.  You further acknowledge and understand that, in the event accounts with PCMH is terminated (for any reason and whether by PCMH or you, written content must promptly remove any PCMH Generated Content from any materials they publish or distribution in any forum (online or otherwise.)


4. PCMH's Intellectual Property
PCMH, and other PCMH graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of THE PRESENT CENTER FOR MINDFULNESS AND HEALING LLC. in the U.S. and/or other countries.  PCMH's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.


5. Access and Interference
The Site may contain robot exclusion headers which contain internal rules for software usage.  Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to PCMH by the Site’s users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose whatsoever, except to the extent expressly permitted by and in compliance with this Agreement or otherwise without our prior express written permission. Additionally, you agree that you will not:
(i)        Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on PCMH’s infrastructure.
(ii)       Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) or other allowed uses as set out in this Agreement from the Site except to the extent expressly permitted by and in compliance with this Agreement or otherwise without the prior express written permission of PCMH and the appropriate third party, as applicable.
(iii)       Interfere or attempt to interfere with the proper working of the Site or any activities conducted thereon.
(iv)       Bypass the Site’s robot exclusion headers or other measures we may use to prevent or restrict access to the Site

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6. Privacy
Any personal information you submit to the Site or PCMH is governed by PCMH’s Private Policy.  This Privacy Policy encompasses any and all information you may provide to the Site or PCMH either for purposes of becoming a Member of the Site, submitting feedback about the Site or any content or other users of the Site, or to receive further information, updates and promotions about or related to the Site or PCMH.  Except as disclosed in PCMH's Privacy Policy, we will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent.


7. No Warranty
THE PRESENT CENTER FOR MINDFULNESS AND HEALING LLC AND ITS AFFILIATES PROVIDE THE SITE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT PCMH AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT TO YOU THAT:  (i) YOUR USE OF THE SITE WILL MEET YOUR REQUIREMENTS; (ii) YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (iii) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SITE WILL BE ACCURATE OR RELIABLE; AND (iv) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVID ED TO YOU AS A PART OF THE SITE WILL BE CORRECTED.  PCMH AND ITS AFFILIATES SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM PCMH OR ITS AFFILIATES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.  YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.


8. Liability Limitation
PCMH AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU FOR: (i) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; AND (ii) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OR DAMAGE AS A RESULT OF (a) ANY CHANGES WHICH WE MAY MAKE TO THE SITE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN PROVIDING THE SITE (OR ANY SERVICES OFFERED THROUGH OR FEATURES WITHIN THE SITE), (b) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SITE, (c) YOUR FAILURE TO PROVIDE PCMH WITH ACCURATE ACCOUNT INFORMATION, (d) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (e) YOUR USE OR MISUSE OF THE SITE, (f) ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, AND/OR (g) HYPERLINKS TO WEB SITES OR CONTENT OR RESOURCES PROVIDED BY COMPANIES OR PERSONS OTHER THAN PCMH.   THESE FOREGOING LIMITATIONS ON OUR LIABILITY SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
In no event shall PCMH or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, PCMH partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
PCMH does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
PCMH does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
PCMH does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.


9. Notices
Except as explicitly stated otherwise, any notices to PCMH shall be sent via postal mail to THE PRESENT CENTER FOR MINDFULNESS AND HEALING LLC Attn: Legal Department, 2607 N Harrison Street, Wilmington, DE  19802 and any notices to users (in the case of PCMH) shall be sent to the email address you have provided to PCMH.  Notice sent by email shall be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid.  Alternatively, PCMH may elect, at its own discretion, to deliver notice by certified mail, to the address you provided to PCMH. In such case, notice shall be deemed given three days after the date of mailing.


10.  Contact
If you have any questions about this Agreement, please contact drjenna.t@gmail.com