Terms and conditions of use policy
Updated April, 18, 2017
Welcome to Elaine L Finkelstein’s website and online services (“Elaine Finkelstein’s Site” or the “Site” or the “Website” ), an online information and communications service provided by Elaine Finkelstein and www.elainefinkelstein.com (“Elaine Finkelstein” or “We” or “Us”). This policy is intended to cover the uses for the entire Site, although additional conditions, restrictions and privacy policies may apply.
Health care disclaimer
The content, products and services offered herein are here to educate consumers on issues that may affect their daily lives. Nothing in the content, products or services should be considered, or used as a substitute for, medical advice, diagnosis or treatment. This site and its services do not constitute the practice of any medical, nursing or other professional health care advice, diagnosis or treatment. You should always talk to your health care provider for diagnosis and treatment, including your specific needs. None of the products or services offered through this website represents or warrants that any particular service or product is safe, appropriate or effective for you. We advise users to always seek the advice of a qualified health care provider with any questions
In respect of publications, e-books, e-files, audio files, multi-media and all other files downloaded whether chargeable or not, or books or other physical forms of publication obtained through the site, the following additional terms apply:
The moral rights of the author, Elaine L Finkelstein have been asserted. All rights are reserved. No part of the publication may, without prior written permission of the publisher, be reproduced by any mechanical, photographic or electronic process, or in the form of a photographic recording; nor may it be stored in a retrieval system, transmitted or otherwise be copied for public or private use, other than for ‘fair use’ as brief quotations fully acknowledged, embodied in articles and reviews.
The author, Elaine L Finkelstein does not dispense medical or psychological advice or prescribe the use of any technique as a form of treatment for physical, medical or psychological problems. The information contained in such publications is not intended to replace a one-on-one relationship with a medical or mental health professional or the guidance received from a physician or mental health professional, either directly or indirectly. The intent of the author is only to offer and share information of an educational nature to help in one’s quest for emotional and spiritual well-being. In the event that one uses any of the information in such publication for oneself, which is one’s constitutional right, the author and publisher assumes no responsibility for one’s actions.
Intended for users 18 and older
The Site is intended for use by individuals 18 years of age or older. This website is not directed for use by children under the age of 18. Users under the age of 18 should get the assistance of a parent or guardian to use this site.
You agree that you will not:
- Upload or transmit any communications or content of any type that may infringe or violate any rights of any party
- Use this website for any purpose in violation of local, state, national or international laws
- Use this site as a means to distribute advertising or other unsolicited material to any third party
- Use this website to post or transmit material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity
- Except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or “bot”), cheat utility, scraper or offline reader that accesses the Website, or using or launching any unauthorized script or other software
- Harassing, annoying, intimidating or threatening any Company employees or agents engaged in providing any portion of the Company Services to you
- Interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Website
- Make any unauthorized use of the Company Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses
- Sell or otherwise transfer your profile
- Attempt to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website
- Attempt to impersonate another user or person or using the username of another user
- Undertake any criminal or tortious activity
- Attempt to deciphere, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website nor attempt to disable, “hack” or otherwise interfere with the proper functioning of this website
- Delete the copyright or other proprietary rights notice from any Website content
- Engage in any automated use of the system, such as using any data mining, robots or similar data gathering and extraction tools or retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company
- Trick, defraud or mislead the Company and other users, especially in any attempt to learn sensitive account information such as passwords
- Use any information obtained from the Website in order to harass, abuse, or harm another person
- Use the Company Services as part of any effort to compete with Company or to provide services as a service bureau
- Use the Website in a manner inconsistent with any and all applicable laws and regulations
If you use any part of the Site requiring secure access, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
We reserve the right to reject any order you place with us, or to limit quantities on any order, without giving any reason. If we reject your order, we will generally attempt to notify you using the email address you gave us when you placed the order.
Termination of use
Elaine Finkelstein may, in her or its sole discretion, terminate your account or your use of the Site at any time. You are personally liable for any orders that you place or charges that you incur prior to termination.
Elaine Finkelstein reserves the right to change, suspend or discontinue all or any aspects of the Site at any time without prior notice.
Blogs and interactive media
If you use blogging features or otherwise post information to the Site, you give Elaine Finkelstein the irrevocable right to reproduce, distribute, publish, display, edit, modify, create derivative works from and otherwise use your submission for any purpose, in any form, and on any media.
If you use blogging features or otherwise post information to the Site, you agree you will not:
- Post material that infringes on the rights of any third party, including intellectual property, privacy or publicity rights
- Post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by Elaine Finkelstein in her or its sole discretion
- Post advertisements of solicitations for business post chain letters or pyramid schemes
- Impersonate another person including but not limited to a spouse, child or sibling
- Allow another person to use your credentials for posting or viewing comments
- Post the same note more than once or “spam”
Elaine Finkelstein reserves the right (but is not obligated) to do any or all of the following:
Terminate a user’s access to the entire Site or specific features such as the blog
Edit or delete any communications posted on the blog features, regardless of whether such communications violate these standards.
One-time charges. A valid credit or debit card number or Paypal account, or other payment mechanism acceptable to Elaine Finkelstein , with appropriate expiration date and card security code is required for all purchases. If we are unable to charge the full cost of your purchase to the card or source of funding you provide, we may cancel your order or request an alternate form of payment. Elaine Finkelstein’s designated credit card processor will collect your credit card information and related personal information for its use in processing your payment for the products or services ordered by you. Any complaints or grievances regarding the processing of your payment should be addressed to Elaine Finkelstein at the contact information given below. You understand that the prices for products and services may be changed from time to time, but that the website will reflect current prices.
Responsibility for charges and fees. You are solely responsible for all charges and applicable fees (including delivery charges, taxes and any fees assessed by your bank) associated with your order.
You agree that you indemnify Elaine Finkelstein against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys’ fees and costs) arising out of a claim by a third party relating to materials you have posted or other actions taken by you on the Site.
- “Elaine Finkelstein”
- “Elaine L Finkelstein PhD Psychologist”
- “Transient-Death Experience™®”
- “Shared Transition Experience™®”
- “The Transformative End-Of-Life Experiences Research Foundation™”
are trademarks and/or service marks of Elaine L Finkelstein. The content and design of Elaine Finkelstein is protected by U.S., South African, British, European and international copyright laws. You may not copy, reproduce, republish, upload, post, display, transmit or frame any of these materials without prior written consent from the copyright owners, except that you may view, download, display and print a single copy of these materials on a single computer for personal, non-commercial use only, so long as: you do not alter or modify the materials in any way; you include all applicable notices and disclaimers (including copyright notices); and you do not use the materials in a way that suggests an association with Elaine Finkelstein or an affiliate identity. You understand and agree that title to these materials shall not pass to you or any other user. Elaine L Finkelstein grants column recipients of her Blogs and Email articles permission to copy and distribute their content free of charge, provided that content is distributed for non-profit use, no changes or revisions are made, all such communications or copies clearly attribute the article to its author, include its copyright notice and the author’s email address which is email@example.com
You understand and agree that the Elaine Finkelstein site and any services, content or information contained on or provided by the Elaine Finkelstein site is provided on an “as is” basis. Elaine Finkelstein does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or noninfringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the service or any merchandise, information or service provided through the service. In addition, Elaine Finkelstein does not guarantee that use of the Elaine Finkelstein site will be free from technological difficulties including, but not limited to, unavailability of information, downtime, service disruptions, viruses or worms, and you understand that you are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output.
Errors on Elaine Finkelstein Site
Content, prices, and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and Elaine Finkelstein reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Elaine Finkelstein will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with the Site’s return policy.
Limitations of liability
The use of the site is entirely at your own risk, and in no event shall Elaine Finkelstein be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or any other monetary or other damages, fees, fines, penalties, or liabilities arising out of or relating in any way to this service, or sites accessed through this service, and/or content or information provided herein. Your sole and exclusive remedy for dissatisfaction with the service is to stop using the service. User hereby acknowledges that this paragraph shall apply to all content, merchandise and services available through the site. Some territories or states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Links to third party websites
The Site contains links to other sites operated by third parties, including but not limited to third party sites that may display the Elaine Finkelstein trademarks (“Third Party Site,” “Third Party Sites”). These links are available for your convenience and are intended only to enable access to these Third Party Sites and for no other purpose.
Elaine Finkelstein does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third Party Site or its content. A link to a Third Party Site on the Elaine Finkelstein Site does not constitute sponsorship, endorsement, approval or responsibility for any Third Party Site.
You agree that any dispute or claim related to your use of the Elaine Finkelstein Site is subject to the exclusive jurisdiction of the appropriate court in the Western Cape Province of the Republic of South Africa and will be adjudicated pursuant to the laws of that Province and Country. This agreement also applies to anyone claiming on your behalf.
If you have any questions about the Service, please contact us at SUPPORT@elainefinkelstein.com