Meredith McClain, PhDPicture of Dr. McClainSite Terms of UseAdobe Garden

Effective and Last Updated 01-31-2014. Please Read Carefully Before Using This Website:

This website is owned and operated by Meredith McClain, PhD (also known as "Site owner") for professional, academic and personal reasons, research and other endeavors. This Webpage contains the Terms of Use governing your access to and use of the Website (the "Website" or "Site"). Additional terms and conditions may appear on specific pages or in other regions of the Site, for particular interactions; those additional terms and conditions, together with the Terms of Use described herein, govern your use of the Site and all related interactons. All applicable terms and conditions anywhere within our Site collectively comprise the Terms of Use. If you do not accept these Terms of Use or you do not meet or comply with their provisions, you may not use the Website.

A. TERMS APPLICABLE TO ALL USERS

1. Overview

YOUR USE OF THIS WEBSITE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTING AND AGREEING TO THESE TERMS OF USE.

For users who are not registered with this Website (if any such registration services are in place), your use of the Website will be deemed to be acceptance of the Terms of Use, Section A.

For users who are registered with the Website, your use of the Website shall be subject to (i) certain designated terms (see Section B below) in addition to those terms applicable to all users and (ii) shall be further conditioned on your clicking the "I AGREE TO THE TERMS OF USE" button as and when presented on any page within the Site.

IF THESE TERMS OF USE ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEBSITE.

2. Changes To Terms

The Site owner and designated operators may, at any time, for any reason and without notice, make changes to (i) this Website, including its look, feel, format, and content, as well as (ii) the products and/or services as described in this Website. Any modifications will take effect when posted to the Website. Therefore, each time you access the Website, you need to review the Terms of Use upon which access and use of this Website is conditioned. By your continuing use of the Website after changes are posted, you will be deemed to have accepted such changes.

3. Jurisdiction

The Website is directed to those individuals and entities with an interest in the contents, biography, research or anecdotal observations contained within. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Website and its content are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this Website.

4. Scope of Use and User E-Mail

You are only authorized to view, use, copy for your records and download small portions of the Content (including without limitation text, graphics, software, photos and any audio and video files present) of this Website for your informational, non-commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact.

You may not store, modify, reproduce, transmit, reverse engineer or distribute a significant portion of the Content on this Website, or the design or layout of the Website or individual sections of it, in any form or media. The unauthorized systematic retrieval of data from the Website is also prohibited. You are not authorized to link to this site in such a manner as the overall site content runs within a frame of another site.

E-mail submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before e-mailing any information. Also, please consult the Site's Privacy Policy. You agree not to submit or transmit any e-mails or materials through the Website that: (i) are defamatory, threatening, obscene or harassing, (ii) contain a virus, worm, Trojan horse or any other harmful component, (iii) incorporate copyrighted or other proprietary material of any third party without that party's permission or (iv) otherwise violate any applicable laws. The site owner and operators shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Terms of Use, or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.

The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Website without prior written consent is strictly prohibited.

5. Copyrights and Trademarks

The materials, overall content, original research and any other proprietary content at this Site, as well as the organization and layout of this Site, are copyrighted and are protected by United States and international copyright laws and treaty provisions. You may access, download and print materials on this Website solely for your personal and non-commercial use; however, any print out of this Site, or portions of the Site, must include the respective Meredith McClain, PhD copyright notice. No right, title or interest in any of the materials contained on this Site is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this Site; create derivative works from, link to or frame in another website, use on any other website, transfer or sell any information obtained from this Site without the prior written permission of Dr. McClain or her designated representative(s).

Except as expressly provided under the "Scope of Use" Section above, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate this Website without the prior written permission of the Site owner. You may not use a part of this Website on any other Website, without prior written consent.

The Site owner and operators respect the intellectual property rights of others and expects our users to do the same. The policy of this Site is to terminate the accounts (or possibly ban the IP address) of repeat copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please promptly message info@meredithmcclainphd.com.

6. Links

For your convenience, links to various other Websites that may be of interest to you (and for your convenience only) may be provided. However, the Site owner does not control or endorse such Websites and are not responsible for their content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such Websites. Please read the terms and conditions or terms of use policies of any other Website you may link to from this Site. These Terms of Use policy applies only to this Site. If you decide to access any of the third party sites linked to this Website, you do so at your own risk. This Site reserves the right to terminate any link or linking program at any time. This Site disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such sites.

You may not link to this Website without express written permission. If you are interested in linking to this Website, please contact info@meredithmcclainphd.com.

7. No Unlawful Or Prohibited Use

As a condition of your use of the Website, you warrant to the Site owner that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

8. Spamming

Gathering email addresses from this Site through harvesting or automated means is prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other Users is prohibited. Inquiries regarding any type of commercial relationship with the Site should be directed to: info@meredithmcclainphd.com.

9. No Warranties

THE WEBSITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, CERTAINTY OF INFORMATION ACCURACY, AVAILABILITY OR UNAVAILABILITY OF ANY PUBLICATION, PAST OR PRESENT, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF THE SITE OWNER EXPRESSLY DISCLAIMS. THE SITE OWNER DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND THE SITE OWNER WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. THE SITE OWNER AND OPERATORS HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE. WHILE IS MOST CASES, IMAGES OF LOCATIONS, COLLEAGUES, LITERARY OR HISTORICAL FIGURES, ART PIECE, AND/OR ANY OTHER IMAGE ON THE SITE, REPRESENT THE ITEM/PERSON/LOCATION DEPICTED, ALL IMAGES ARE PURELY REPRESENTATIVE, AND MAY OR MAY NOT INDICATE THE ACTUAL ITEM(S), SPECIMENS, PERSON OR LOCATION, PAST, PRESENT OR IN THE FUTURE.

THIS SITE MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS.

10. Governing Law, Location and Miscellaneous

These Terms of Use shall be governed in all respects by the laws of the State of Texas, USA, without reference to its choice of law rules. If an applicable law is in conflict with any part of the Terms of Use, the Terms of Use will be deemed modified to conform to the law. The other provisions will not be affected by any such modification.

11 Separate Agreements

You may have other agreements with the Site owner for various arrangements. Those agreements are separate and in addition to these Terms of Use. These Terms of Use do not modify, revise or amend the terms of any other agreements you may have with the Site owner.

12. DMCA Copyright Policy and Copyright Agent

The Site owner respects the intellectual property rights of others. If you believe something on this Site has infringed your intellectual property rights, please notify our agent and provide the following information:

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

(ii) Identification of the copyrighted work claimed to have been infringed.

(iii) 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.

(iv) Address, telephone number, and, if available, an electronic mail address where you may be contacted.

(v) 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.

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

The Site's Copyright Agent can be reached at: info@meredithmcclainphd.com

13. No Professional Advice

The information available on the Website is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. You should not construe this as legal, academic, or other professional advice. This Website is not intended for use by minors except for purely informational purposes about the content provided; any such use is to be under appropriate adult or parental supervision.

15. Users Disputes

If any public forums are offered by the Site, you are solely responsible for your interactions with other Users. This Site reserves the right, but has no obligation, to monitor disputes between you and other Users.

16. User Submissions And Communications, Public Areas

You acknowledge that you own, are solely responsible for or otherwise control all of the rights to the content that you post in any public area of the Site (if any); that the content is accurate; that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify the Site owner and affiliates for all claims resulting from content you supply. This Site expressly reserves the right to delete or remove any content which is contributed by others, on any public area of its Site, with or without notice to anyone.

Some of the forums (individual bulletin boards and posts on blog areas of the Site, for instance, if any) may or may not be moderated or reviewed. Accordingly, Users will be held directly and solely responsible for the content of messages that are posted. While not moderating the forums, the Site reviewer will periodically perform an administrative review for the purpose of deleting messages that are old, have received few responses, are off topic or irrelevant, serve as advertisements or seem otherwise inappropriate. This Site has full discretion to delete messages. Users are encouraged to read the specific forum rules displayed in each discussion forum first before participating in that forum (if any).

This Site reserves the right (but is not obligated) to do any or all of the following:

Record the dialogue in any public chat rooms.

Examine an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).

Remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms of Use.

Terminate a Member's access to any or all Public Areas and/or the Site upon any breach of these Terms of Use.

Monitor, edit, or disclose any communication in the Public Areas.

Edit or delete any communication(s) posted on this Site's forums, blogs, threaded discusions (if any), regardless of whether such communication(s) violate these standards.

This Site reserves the right to take any action it deems necessary to protect the personal safety of its visitors or the public. This Site has no liability or responsibility to users of the Site or any other person or entity for performance or nonperformance of the aforementioned activities.

17. Arbitration

Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any Site owner confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Terms of Use or this Website shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in Texas, USA.

All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.

Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator's decision and any award contained therein.

18. Limitation of Liability

YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. THE SITE OWNER SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF THE SITE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE CONTENT.

19. Indemnity

You agree to defend, indemnify, and hold the Site owner (and by extension, any managers, employees, agents, licensors, and suppliers), harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

B. ADDITIONAL TERMS APPLICABLE ONLY TO REGISTERED USERS OR USERS WHO SUBMIT REQUESTS THROUGH ANY ELECTRONIC FORM ON THE SITE

20. Accounts And Security

The Site owner does not warrant that the functions contained in the service provided by the Website will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.

Users who submit their e-mail addresses for inclusion on a mailing list or lists agree to furnish their own address, or if it is not their own, that they legally represent the address, or those connected to it, and that such use is authorized. This Site is not responsible for the inappropriate submission by others of e-mail addresses through its on-line automated response forms; the Site owner and operators will, in good faith, attempt to remove e-mail addresses, when so requested by their legitimate owners, from any lists and avoid any further communication to the indicated e-mail address.

All use of any electronic response or request form is at the election of the User, and the User agrees to hold the Site owner harmless for any action, non-action, result, non-result or other activity related to the submission. Such forms are intended to be mechanisms of communication convenience and are not meant to be binding in any way whatsoever, and should not be construed as such. The Site owner is not responsible if, for whatever reason, such submissions do not properly arrive at their intended destination. Users are responsible for whatever information they include in any such submission. The Site owner and/or operators reserve the right to reject, deny, delete or block any submission which is deemed, for whatever reason, to be objectionable, harassing, inappropriate, or illegal, with or without any communication or notice back to the original User, or any other party or Users acting in conjunction with or on their behalf.

As part of any registration processes (if any), each user will select a password ("Password") and Login Name ("Login Name"). You shall provide the Site with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your Account.

You may not:

—select or use a Login Name of another person with the intent to impersonate that person;

—use a name subject to the rights of any other person without authorization;

—use a Login Name that this Website, in its sole discretion, deems inappropriate or offensive.

You shall notify the Site of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password.

Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at the sole discretion of the Site owner and operator(s), and you may be reported to appropriate law-enforcement agencies.

21. Contact Information

If you have any questions or concerns regarding these Terms of Use, please contact: info@meredithmcclainphd.com