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SelfhelpMagazine's SERVICE AGREEMENT

Important Notice of Implied Agreement:

By accessing any part of the SelfhelpMagazine website, its affiliated email newsletter and email discussion lists, herein referred to as "SelfhelpMagazine ", or ("SHM") you are representing that you are either over the age of 18 and accept all terms of this SHM Service Agreement as delineated below.

If you are deemed to have consented to use SHM, the acceptance of SHM, or its owner, Pioneer Development Resources, Inc., ("PDR"). Is expressly conditioned upon your assent to all the terms and conditions of this agreement to the exclusion of all other terms; if these terms are considered an offer by PDR, acceptance is expressly limited to these terms. PDR may modify this agreement at any time, and such modification shall be effective immediately upon either posting of the modified agreement or notifying you. You agree to review this agreement periodically to ensure that you are aware of any modifications. Your continued access or use of SHM shall be deemed your conclusive acceptance of the modified agreement. If you do not agree to all the terms and conditions of this agreement, or cannot comply with these terms and conditions, you will have no authority to use SHM and you shall stop all use of SHM.

  1. Disclaimer
    The information contained in SHM is presented for the purpose of educating consumers on the general topics of wellness and disease management. Nothing contained in SHM is solely intended to be instructional. It is not to be considered any form of medical diagnosis or treatment. The information contained in SHM should not be considered complete, nor should it be relied on to suggest a course of treatment for a particular individual. It should not be used in place of a visit, call, consultation or the advice of your physician, therapist or other qualified health care practitioner. Information obtained in SHM is not exhaustive and does not cover all mental health conditions, diseases, ailments, physical conditions or their treatment. Should you have any health care-related or mental healthcare-related questions, please call or see your physician, therapist or other qualified health care practitioner promptly. Always consult with your physician, therapist or other qualified health care practitioner before embarking on a new treatment, diet, or fitness program. Never disregard medical advice or delay in seeking it because of something you have read in SHM. You will not be engaging in a therapist-patient relationship in any way when you access or engage with the website or any of its contributors. The information contained in SHM is compiled from a variety of sources ("information providers"). Neither SHM nor its information providers are directly or indirectly practicing medicine or psychotherapy, nor dispensing medical or psychotherapeutic services as part of SHM. SHM software and information accessed through SHM (the "services") are provided "as is" without warranty, express or implied. PDR hereby excludes all implied warranties of merchantability, merchantable quality, correspondence to description, fitness for a particular purpose and noninfringement. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. PDR does not represent or warrant that SHM will be uninterrupted or error-free, or that defects will be corrected. PDR and information providers cannot and do not warrant against human, computer or mechanical errors, omissions, delays, interruptions or losses, including loss of data. PDR and information providers cannot and do not guarantee or warrant that this website, the server that makes it available, or files available for downloading from this website will be free of infection by viruses, worms, Trojan horses or other program code that manifest destructive or contaminating properties. Without limiting the generality of the foregoing, you are responsible for (1) implementing and maintaining adequate procedures and checkpoints to satisfy your particular requirements (2) maintaining a means external to SHM for the reconstruction of any lost data. By using SHM, you agree that any material downloaded or otherwise obtained through the use of SHM is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. There are no warranties which extend beyond the description on the face of this agreement. PDR and information providers make no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of SHM.


  2. Other websites
    You are encouraged to use discretion while browsing the internet on searches initiated at SHM. Links originating with SHM may lead to websites containing information that some people may find inappropriate or offensive. Links may also lead to websites which contain inaccurate information, false or misleading advertising, or information which violates copyright, libel or defamation laws. SHM and information providers make no representations concerning any effort to review all of the content of websites linked to SHM, or links from those linked websites; given the number of results from any browsing which starts with a SHM link that would be practically impossible. SHM may, at its election, provide links from SHM to other World Wide Web sites or resources. Because PDR has no control over such websites and resources, you acknowledge and agree that PDR is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. You further acknowledge and agree that PDR and information providers shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource. PDR and SHM are not responsible for the privacy practices of any websites linked from the magazine's pages. You also agree that any mis-use of your personally identifiable information by such other websites is not the responsibility of PDR.


  3. Review of Postings and Uploads
    PDR does not and cannot review all communications and materials posted or uploaded to SHM, and is not responsible for the content of these communications and materials. However, PDR reserves the right to block or remove communications or materials that it determines, in its sole discretion, to be (a) abusive, libelous, defamatory or obscene, (b) fraudulent, deceptive or misleading, (c) in violation of a copyright, trademark, other intellectual property right of another or (d) offensive or otherwise unacceptable to PDR. Any messages, advice, opinions or other information contained in any area, both informational (such as articles) and interactive (such as in Discussion Forums), should not be construed as professional advice or instruction.


  4. Limited License
    By this agreement, PDR grants, subject to the terms of this agreement, only a limited, non-transferable and non-exclusive license to use the software and documentation necessary to access, explore and otherwise use SHM in real time and to use the materials in SHM in a manner consistent with paragraph 11 (copyright) below.


  5. User's Agreement
    You agree to: (a) maintain all equipment required for your access to and use of SHM; (b) maintain the security of your identifying and/or confidential information, including your name, telephone number, street address, email address and any websites with which you have an affiliation; and (c) be responsible for all liabilities resulting from your misuse of SHM. More specifically: a. You are responsible for your communications and your use of SHM. You may not, under any circumstances, do any of the following: (i) use simultaneous, unattended or continuous connections to SHM with one account; (ii) post or transmit any message which is libelous or defamatory; (iii) post or transmit any message, data, image or program which is indecent, obscene or pornographic; (iv) post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion; (v) use SHM to threaten, harass, stalk, abuse or otherwise violate the legal rights (including rights of privacy and publicity) of others; (vi) intercept or attempt to intercept email or other private communications not intended for you; (vii) send email to users or other internet users for any purpose other than personal communication, including to advertise or offer to sell goods or services to other users, use as a mass unsolicited distribution medium to communicate a generally unsolicited message, or use your email account as an address to which users or other internet users need to respond (except as otherwise expressly permitted by PDR); (viii) send unsolicited email messages through third-party mail servers in order to relay your email or hide the origination of your email to others; (ix) upload or download files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights to such files or have received all necessary consents; (x) upload files that contain a virus or corrupted data; (xi) delete any author attributions, legal notices or proprietary designations or labels in a file that you upload to or download from SHM; (xii) falsify the source or origin of software or other material contained in a file that you upload to or download SHM; (xiii) use SHM in a manner that adversely affects the availability of its resources to other users; (xiv) use, download or otherwise copy, or provide (whether or not for a fee) to any person or entity any material originating from SHM except for personal, non-commercial purposes (except as otherwise expressly permitted by SHM); (xv) falsely purport to be an employee or agent of SHM or PDR; (xvi) cause repeated disruptive incidents; or (xvii) act, or fail to act, in your use of SHM, in a manner that is contrary to applicable law or regulation. In addition, you may not post or transmit any message which is harmful, threatening, abusive or hateful. PDR reserves the right to take such action as it deems appropriate in cases where SHM is used to disseminate statements which are deeply or widely offensive and/or harmful. Each time you upload information to SHM, you represent and warrant that you own or otherwise control the rights or have the necessary consents to do so, and you grant every other user the right to download and use such file. Your failure to observe any of the foregoing limitations or obligations may result in civil or criminal liability. b. You may send and receive electronic mail ("email"), post messages to SHM's Discussion Forums, download and upload files and otherwise use SHM as permitted by this agreement, SHM's operating policies and principles (otherwise known as the "SelfhelpMagazine Code of Conduct") (Deb please link to the Code here, too) and applicable law. Files that you upload, pages you read, comments you make to the SHM staff and public messages that you send to our Discussion Forums are subject to review, modification and deletion without notice. More specifically, your participation in online communications occurs in real time and is not moderated, censored or otherwise controlled by PDR prior to appearing on SHM webpages. Notwithstanding the foregoing, PDR reserves the right to remove content, which PDR, at its sole discretion, determines to be harmful, offensive or otherwise in violation of this agreement or SHM operating policies and practices for users of SHM ("users"). c. SHM's operating policies and principles relating to online conduct, storage and deletion of email and uploaded files, Discussion Forums and other matters are available and/or will be made available online. PDR reserves the right in its sole discretion to change such policies at any time. Files (including articles, reviews, Questions and Answers, other Discussion Forum user's comments, are copyrighted by PDR, and you are responsible for adhering to the PDR copyright.


  6. Use of User Information
    1. PDR respects the privacy of users. Any name, address and other information that you provide when you use the services of SHM and information regarding the manner in which you use SHM and/or the internet will not be processed or disclosed by PDR except as permitted by this agreement or as required or allowed by applicable law or legal process.
    2. You agree that PDR may share with other parties aggregate information gathered during your use of SHM. "Aggregate information" is information that describes the habits, usage patterns and/or demographics of users as a group but does not indicate the identity of particular users.
    3. You also agree that user information about you may be gathered, processed or used. "User information" consists of a user's name, email address, and/or other data that enables the recipient to personally identify the user. You agree that user information for you may be gathered, processed or used in the following instances: (i) if you obtain dial-up access to SHM from a third party independent internet service provider (an "ISP"), user information relating to you may be obtained by the ISP; and (ii) PDR and your ISP may use user information as is necessary for enforcement of any of the terms of this agreement.
    4. PDR may, in its complete and sole discretion, review uploaded files, Discussion Forums and authorize restrictions on access thereto. SHM is designed specifically for use by adults over 18. Parents and those permitting minors to use their SHM account should be aware that PDR's policies concerning privacy and the use of user information govern PDR through SHM's use of user information is intended for adults only. Any information voluntarily given by users in Discussion Forums or email may be used by third parties to generate unsolicited mail or other contact with children. Parents are advised to prevent children and teens from using this website. PDR encourages all parents to instruct their children in the safe and responsible use of their user information while using the Internet. Such user information sent over the internet cannot be tracked or retrieved by PDR. PDR encourages you to use caution when giving out any personally identifiable information about yourself or your children online.
    5. When communicating with SHM staff or contributors while using your employer's equipment, you are not legally entitled to a reasonable expectation of privacy. Always use your own computer equipment and connections when visiting this website.
    6. If at any time you believe that PDR has not adhered to these policies concerning privacy and use of user information or if you have questions about these policies, please notify PDR as provided in the notice provision below and PDR will use all reasonable efforts to promptly determine and correct the problem.


  7. Operation
    PDR reserves complete and sole discretion with respect to the operation of SHM. PDR may, among other things withdraw, suspend or discontinue any functionality, service or feature of SHM.


  8. User Representations
    Without limiting the generality of anything set forth hereinabove, 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 SHM in accordance with this agreement. You agree to be financially responsible for your use of SHM (as well as for use of your Internet Service Provider account by others to access SHM, including minors living with you) and to comply with your responsibilities and obligations as stated in this agreement.


  9. Content
    Statements made in SHM reflect only the views of their authors. Forum managers, forum hosts, or merchants appearing on SHM are not authorized PDR spokespersons, and their views do not necessarily reflect those of PDR. The advertisers presented on SHM have no influence on the subject or manner in which the editorial content is conveyed nor does the presentation of any specific advertisement imply endorsement by SHM or PDR. Advertisers typically pay a fee to advertise.


  10. Copyright
    The entire contents of SHM are copyrighted as a collective work under the laws of United States and other copyright laws. PDR holds the copyright in the collective work. The collective work includes works which are the property of the information providers which are also protected by copyright and other intellectual property laws. You may not display any of the material from the SHM. Any redistribution retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. If you wish to request permission for copyright, please refer to this page for further instructions: < http://www.selfhelpmagazine.com/about/faq06.html#distribute >. You agree not to change or delete any proprietary notices from materials downloaded from SHM.


  11. Digital Millenium Copyright Act Notice
    We respect the rights of copyright owners and expect you to comply with U.S. copyright law. We have procedures in place to protect the rights of copyright owners in the event of alleged infringement, in accordance with the Digital Millenium Copyright Act ("DMCA"). If You believe that your copyright is being infringed by any material viewed on this Web Site, please send a notice, in accordance with the DMCA, to Our designated agent,

    Marlene M. Maheu
    Pioneer Development Resources, Inc.
    711 South Carson Street, Suite 6
    Carson City, Nevada 89701
    Telephone: 866-425-1998     Website: drm@selfhelpmagazine.com

    We reserve the right to expel users and prevent their further access to this Web site for violating these terms or the law and reserve the right to remove any communications from this Site.


  12. Licenses and Idea Submissions
    You agree to grant to PDR a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you submit to public areas of SelfhelpMagazine (such as Discussion Forums) by all means and in any media now known or hereafter developed. If PDR uses any materials or other information so submitted by you, PDR will use reasonable efforts to attribute such materials to you by the name or user name under which you submitted such materials. You hereby waive your moral rights in any such materials and information, and you hereby warrant that any such materials and information are original with you, or that you have the right to submit such materials and information. You agree that you shall have no recourse against PDR for any alleged or actual infringement or misappropriation of any proprietary right in your communication to SHM users, SHM staff and contributors, PDR or its representatives.


  13. Indemnification
    You agree to indemnify, defend and hold harmless PDR, its officers, directors, volunteers, employees, agents, advertisers, information providers and suppliers from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from any violation of this agreement or any activity related to use of SHM (including infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing SHM using your Internet Service Provider account. You may appreciate, however, that the law on this question is not yet settled, and until it is, the risk raised here can be reduced, but it is difficult to know by exactly how much.


  14. Waiver, Release and Limitation of Liability
    You agree that neither PDR, nor its officers, directors, employees, agents, information providers or suppliers shall have any liability to you under any theory of liability or indemnity in connection with your use of SHM. You hereby release and forever waive any and all claims you may have against PDR, its officers, directors, employees, agents, information providers or suppliers (including but not limited to claims based upon the negligence of PDR, its officers, directors, employees, agents, information providers or suppliers) for losses or damages you sustain in connection with your use of SHM. Notwithstanding the foregoing paragraph, the total liability of PDR, its officers, directors, employees, agents, information providers and suppliers, if any, for losses or damages shall not exceed the fees, if any, paid by the user for the particular information or service provided in the 12 months prior to the act of injury that gave rise to the alleged liability. In no event shall PDR, its officers, directors, employees, agents, information providers or suppliers be liable to you for any losses or damages other than the amount referred to above. All other damages, direct or indirect, special, incidental, consequential or punitive arising from any use of the information or other parts of SHM are hereby excluded even if PDR, its officers, directors, employees, agents, information providers or suppliers have been advised of the possibility of such damages. Once again, you may appreciate, that the law on this question is not yet settled, and until it is, the risk raised here can be reduced, but it is difficult to know by exactly how much.


  15. Third Party Rights
    The provisions of paragraphs 13 (indemnification) and 14 (waiver, release and limitation of liability) are for the benefit of PDR and its officers, directors, volunteers, employees, advertisers, agents, licensors, suppliers and information providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.


  16. Term & Termination
    Either you or PDR may terminate your right to use SHM at any time, with or without cause, upon notice. PDR also reserves the right to terminate or suspend your SHM access without prior notice. The provisions of paragraphs 10 (copyright), 12 (license, and idea submission), 13 (indemnification), 14 (waiver, release and limitation of liability), 15 (third party rights), and 19 (miscellaneous) shall survive any termination of this agreement.


  17. Notice
    PDR may deliver notice to you under this agreement by means of electronic mail or a general notice on SHM. You may give notice to PDR at any time via electronic mail to PDR or by letter delivered by first-class postage prepaid U.S. Mail or overnight courier to the following address:

    Pioneer Development Resources, Inc.
    711 South Carson Street, Suite 6
    Carson City, Nevada 89701
    711 South Carson Street, Suite 6
      Website:  www.selfhelpmagazine.com

    Attn: webmaster
    electronic mail: webmanager@selfhelpmagazine.com


  18. Severability
    The provisions of this agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof.


  19. Miscellaneous
    This agreement shall be governed by and construed in accordance with the laws of the state of Nevada. You agree that any legal action or proceeding between PDR and you for any purpose concerning this agreement or the parties' obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in Nevada, United States. Any cause of action or claim you may have with respect to PDR and/or SHM must be commenced within one (1) year after the claim or cause of action arises. PDR's failure to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practices shall act to modify any provision of this agreement. PDR may assign its rights and duties under this agreement to any party at any time without notice to you. This agreement is not assignable, transferable or sub-licensable by you except with PDR's prior written consent. Both parties agree that this agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this agreement and you do not have any authority of any kind to bind PDR in any respect whatsoever. All notices under this agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. PDR's failure to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by an authorized representative of PDR in writing. It is the express will of the parties that this agreement and all related documents have been written in English. When communicating with any PDR staff member or contributor to SHM, English is to be used.