Read This Terms of Use Agreement Before Accessing Website.

Effective Date: This Terms of Use Agreement was last updated on August 1, 2006.

This Terms of Use Agreement sets forth the standards of use of The Healing Tree Online Service for Registered Members. By using the cureyourpanic.com website you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the cureyourpanic.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

Description of Service

The Healing Tree is providing Member with an interactive self-help program. The member acknowledges that this service is not psychotherapy. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees relate with such connection.

Disclaimer and Limits

The site is provided by The Healing Tree on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, The Healing Tree makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. THIS PROGRAM IS AN INTERACTIVE SELF-HELP PROGRAM CREATED TO HELP PEOPLE MODIFY THEIR OWN BEHAVIOR AND IS NOT THERAPY. THIS PROGRAM IS NOT INTENDED TO REPLACE THERAPY. CUREYOURPANIC.COM DOES NOT CLAIM TO CURE PANIC AND DOES NOT GUARANTEE SUCCESS WITH THE PROGRAM. RESULTS OF THIS PROGRAM WILL BE DIFFERENT FOR EVERY PERSON. YOU AGREE THAT YOU ARE USING THE PROGRAM AT YOUR OWN RISK. IF YOU HAVE ANY QUESTIONS ABOUT THE PROGRAM, YOU SHOULD CONSULT WITH A MEDICAL OR MENTAL HEALTH PROFESSIONAL.

The Healing Tree shall have no liability for any interruptions in the use of this Website. Responsibility or liability for any damages caused by viruses contained within the electronic file containing forms, the program, or documents is disclaimed. You agree that we are not liable for any special, incidental, or consequential damages of any kind that may result from use of or inability to use this site. Maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services, or information. The Healing Tree disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable.

Limitation of Liability

The Healing Tree SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR THE HEALING TREE SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF THE HEALING TREE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

Indemnification

Member agrees to indemnify, defend, and hold The Healing Tree, our attorneys, subsidiaries, affiliates, officers and employees, harmless from any liability, claim, loss, demand, or expense, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.

Members Account

All Members of the Service shall receive a password and an account. Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify The Healing Tree of any unauthorized use of Member’s account or any other breach of security known or should be known to the Member. Member’s right to use the Service is personal to the Member. The content, organization, graphics, design, magnetic translation, digital conversion, compilation, and other matters related to the Site and the Program are confidential and proprietary information (the “Information”) protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights. The copying, publication, redistribution, or use by you of any such information or any part of this Site is strictly prohibited, except as allowed by Section 6. Posting any information on this Site does not constitute a waiver of any right in such information.

Nontransferable

Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable.

Limited Right to Use

The Site and the contents contained in it constitute the intellectual property of The Healing Tree and its licensors, and are protected by applicable copyright, trademark and other intellectual property rights. Viewing, printing or downloading of any content, graphic, form or document from this Site (“Content”) grants you only a limited, restricted, non-transferable, nonexclusive right to use such Content for your own personal, educational, non-commercial, not-for-profit use.  Such right does not authorize you to republish, distribute, assign, sublicense, sale, prepare derivative works of, or modify any Content. No part of any Content may be reproduced by you in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your own personal, educational, non-commercial, not-for-profit use. In order to protect our intellectual property, The Healing Tree does not permit linking unless you have received The Healing Tree’s express written permission.  All rights not expressly granted herein are hereby reserved by The Healing Tree.

Modifications and Interruption to Service

The Healing Tree reserves the right to modify or discontinue the Service with or without notice to the Member. The Healing Tree shall not be liable to Member or any third party should The Healing Tree exercise its right to modify or discontinue the Service. Member acknowledges and accepts that The Healing Tree does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.

Disclaimer Regarding Accuracy of Vendor Information

Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While The Healing Tree makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

The Healing Tree makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2006 cureyourpanic.com, will all rights reserved, or is the property of The Healing Tree and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of The Healing Tree is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of The Healing Tree.

The Healing Tree™ and cureyourpanic.com™ are proprietary marks of cureyourpanic.com. The Healing Tree’s trademarks may not be used in connection with any product or service that is not provided by The Healing Tree, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits The Healing Tree.

All other trademarks displayed on The Healing Tree’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with The Healing Tree.

Links to Our Web Site

Links to our Site are not permitted without the prior written permission of The Healing Tree.

Payments

You represent and warrant that if you subscribe to our program, (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.

Use of the Program by Minors

All persons under the age of 18 years wishing to subscribe to the program must obtain parental consent for use of a credit card.

Cancellation Policy

If a program purchased by you proves to be defective or not to your reasonable satisfaction, you may cancel your subscription at any time by choosing the “Cancel” option under your Account page. Please read about the program and our Terms of Use policy before purchasing as The Healing Tree does not issue refunds.

Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by The Healing Tree, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.

Governing Jurisdiction of the Courts of California

Our website is operated and provided in the State of California. As such, we are subject to the laws of the State California, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State California. Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 2 and Section 3. The language in this Agreement shall be interpreted as in accordance with its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in California. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.