Terms of Use

Welcome to my website!
I developed this site as a resource for current and potential clients.
You’re welcome to browse even if you’re not a client of mine.

This website contains PG-13 information on a wide range of topics gleaned from many different sources. The content is not intended to be a substitute for professional advice, diagnosis, or treatment. You should always seek the advice of a qualified mental health professional or other qualified health care provider with any questions you have regarding a psychological, behavioral, or medical condition. And, for goodness sake, never disregard professional advice or delay seeking professional advice because of something you read on this site!

There is lots of good stuff here ranging from mental health related information to self-tests to practical suggestions on dealing with various troublesome situations or difficult issues. I hope you find it informative and useful. Now, here is the boring technical part. In order to use this site, you must agree to the Terms and Conditions that define the uses and limitations of content on this site. By using this website, you are accepting the terms of use detailed below.

Terms and Conditions of Use of James G. Wellborn Website

Updated: 8/10/2012

If you are going to use this site, you are agreeing to the following Terms and Conditions of use. They are written both in everyday language and in legalese.

Listen, Dr. Wellborn is not giving you advice or recommendations when you read, listen, or view anything on this website. He would not provide professional advice or treatment to someone until there is a specific contract for services. He definitely wouldn’t provide these things through this webpage.
This site does not provide professional advice, diagnosis or treatment. The content does not represent professional advice from Dr. Wellborn. The contents of this site, including but not limited to text, graphics, images, information presented herein, and other material contained on this site are for informational purposes only. This site does not contain a comprehensive presentation of facts, tests, professionals, products, procedures, opinions, or other information. The content of this site is not intended to be a substitute for professional advice, diagnosis, or treatment. Always seek the advice of a qualified mental health professional or other qualified health provider with any questions you may have regarding a psychological, behavioral or medical condition. Never disregard professional advice or delay seeking professional advice because of something you have read on this site!

This website provides information. It is up to you to decide how to use it. Dr. Wellborn isn’t responsible for what you do with this information.
Use this site at your own risk. Any specific tests, professionals, products, procedures, opinions, or other information that is presented or may be mentioned on this site does not constitute advice, recommendations or endorsements by Dr. Wellborn. Reliance on any information provided on this site, appearing on this site, or linked to this site is solely at your own risk.

This site is not for everyone. You will have to judge for yourself whether it is right for you. If you don’t like it, you are free to leave at any time.
This site may contain health information or medical-related material that is sexually explicit. If you find sexually explicit health or medical-related materials offensive, you may not want to use this site

If you are under the age of 13, this site shouldn’t cause you any harm. But, just to be safe, go right now and tell your parents you are looking at this site. If they say it is OK, then you can continue. (Hopefully, they have already installed a good internet blocking program on the computer you are using as well as having a keystroke tracking program. So, on second thought, you probably weren’t even able to access this site. If you have, your parents already know and, like responsible, caring parents everywhere, will be talking to you about why you are visiting a mental health site.)
This site may contain sexually explicit health or medically-related material that might include information on sexual health, information regarding alcohol or other drug use, alternative life style issues, child abuse or other mental health related information, facts or opinions. Younger children might benefit from supervision by a responsible adult when accessing this site.

The information on this site is free (unless there is a charge) for your personal use. It is not for you to try to make a buck off my hard work. Don’t use this information for commercial purposes and let people know where you got it from if you share it with others.
Content on this site is solely for your personal, non-commercial use. Dr. Wellborn authorizes you to view or download a single copy of the material on this site solely for your personal, noncommercial use. Any special rules for the use of certain software and other items accessible on this site may be included elsewhere within the site and are incorporated into these Terms and Conditions by reference.

The Content is protected by copyright under both United States and foreign laws. Title to the content remains with Dr. Wellborn or the licensors of the content. Any use of the content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice at the editorial discretion of Dr. Wellborn or his representatives. All rights not expressly granted herein are reserved to Dr. Wellborn and his licensors.

If you violate any of these Terms and Conditions, your permission to use the content automatically terminates and you must immediately destroy any copies you have made of any portion of the content.

What you see is what you get on this site. Dr. Wellborn doesn’t make any claims about whether the content is complete, thorough or up to date.
When using this site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Dr. Wellborn and any suppliers. Accordingly, Dr. Wellborn assumes no liability for, or relating to, the delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of this site.

This site and the content are provided on an “as is” basis. Dr. Wellborn, to the fullest extent permitted by law, disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for particular purpose. Without limiting the foregoing, Dr. Wellborn, this site, any licensors for this site, and any suppliers to this site make no representations or warranties about the following:
1.The accuracy, reliability, completeness, currentness, or timeliness of the content, software, text, graphics, links, or communications provided on or through the use of this site.
2.The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the content contained on this site.

In no event shall Dr. Wellborn, this site, any licensors for this site, any suppliers to this site, or any third parties mentioned on this site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use this site or its content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Dr. Wellborn, this site, any licensors for this site, any suppliers to this site, or any third parties mentioned on this site are advised of the possibility of such damages. Dr. Wellborn, this site, any licensors for this site, any suppliers to this site, or any third parties mentioned on this site are not liable for any personal injury, including death, caused by your use or misuse of this site, its content, or public areas (as defined below). Any claims arising in connection with your use of this site, any content, or the public areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

And another thing, just because this site tells you about or links you to other sites doesn’t mean that Dr. Wellborn is responsible for anything that is on those sites or for how you make use of them.
Searches or links to other sites are not an endorsement or a recommendation by Dr. Wellborn. Dr. Wellborn’s site may provide links to third-party web sites. This site also may select certain sites as priority responses to search terms you enter. Dr. Wellborn does not intent to allow advertisers on this site or to directly sponsor content on this site. Nevertheless, Dr. Wellborn does not recommend and does not endorse the content on any third-party websites or advertisements that may inadvertently be present on this website. Dr. Wellborn is not responsible for the content of linked third-party sites, sites framed within this website, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Please make yourself familiar with the privacy policies and practices of every website you visit prior to disclosing any personal information. Dr. Wellborn does not endorse any product inadvertently advertised on this site.

If you violate these Terms and Conditions, you can’t then try to blame Dr. Wellborn for what happens.
Dr. Wellborn will be held harmless for your use of this site. You agree to defend, indemnify, and hold Dr. Wellborn, this site, any employees, any licensors for this site, any suppliers to this site, or any third parties mentioned on this site, 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 and Conditions.

If you provide any information to this website, Dr. Wellborn can use it however he wants (with some limitations to privacy and confidentiality).
By submitting material to any of our servers, for example by e-mail, comments on blog posts or via World Wide Web pages, you agree to the following terms:

• You make the material available knowing that it may be published.
• You warrant that the material is fit for publication.
• You agree to indemnify this site, Dr. Wellborn or anyone associated with the construction, maintenance or modification to this website if any third party takes action against this site, Dr. Wellborn or anyone associated with the construction, maintenance or modification to this website in relation to the material you submit.
• You agree not to take action against this site, Dr. Wellborn or anyone associated with the construction, maintenance or modification to this website in relation to material that you submit.
• By submitting material you warrant that you believe JamesGWellbornPhD.com, Dr. Wellborn or anyone associated with the construction, maintenance or modification to this website may publish the material.
• You understand and agree that Dr. Wellborn only provides professional services including but not limited to psychotherapy, diagnosis, advice, recommendations or consultation to clients who have established a client-therapist relationship with Dr. Wellborn through his private practice. Dr. Wellborn does not enter into professional relationships with individuals who post comments on his blog, email senders, any persons, companies or entities referred to within an email, or to anyone contacting Dr. Wellborn through this website.

JamesGWellbornPhD.com collects certain information from and about its users both directly from our Web Server Logs and from the user.

Web Server Logs.  When you visit this Website, information may be tracked to administer the site and analyze its usage. Examples of information that may be tracked include:

• Your Internet protocol address.
• The kind of browser or computer you use.
• Number of links you click within the site.
• State or country from which you accessed the site.
• Date and time of your visit.
• Name of your Internet service provider.
• Web page you linked to our site from.
• Pages you viewed on the site.

Personal Information Users.  Visitors to this website can register to receive services such as notification of blog updates, announcements of Dr. Wellborn’s upcoming publications and the availability of merchandise. Registrents for these services will be required to provide personal information such as name, address, email, telephone number or facsimile number, account number and other relevant information. Payment for products provided on this website will be through an independent e-commerce company  (e.g., Paypal) through a link provided on this website.   All credit card or bank account information provided to this company is retained by them and is not available to this site. Any questions or problems that result from using this service must be directed to this company. JamesGWellbornPhD.com cannot guarantee the confidentiality of information provided to this company. While no Protected Health Information is provided to this e-commerce company, any information entered to make payments could be vulnerable if someone breaches their security measures. This would include (but may not be limited to) your name, credit card information, email address and the presumption that you are Dr. Wellborn’s client. Using this service represents an agreement to release, waive, discharge, hold harmless, defend and indemnify James G. Wellborn, Ph.D., his agents, officers and employees from any and all claims, actions or losses which arise out of the use of an e-commerce company to make payment to Dr. Wellborn for products or services.

In completing the online form to use this e-commerce service, you will be required to provide an email address to contact you with any questions or concerns that might arise related to this payment. Confidentiality may be compromised by contact using electronic forms of communication such as this unencrypted email and other forms of internet transmissions. Dr. Wellborn cannot guarantee confidentiality when using these means of communication. By providing your email address you are indicating that you understand the limitations of confidentiality using this form of communication and nevertheless give your consent for Dr. Wellborn to communicate with your through this media.

Personally identifiable information we collect from you will not be disclosed to third parties without your permission except to the extent necessary including:

• To fulfill your service requests for services.
• To protect ourselves from liability,
• To respond to legal process or comply with law, or
• In connection with a merger, acquisition, or liquidation of the company.

Web Beacons or GIF files.  JamesGWellbornPhD.com may contain electronic images known as Web beacons – sometimes also called single-pixel gifs – that make it possible to count users who have visited those pages and to deliver co-branded services. This site may include Web beacons in promotional e-mail messages or newsletters in order to determine whether messages have been opened and acted upon.

Some of these Web beacons may be placed by third party service providers to help determine the effectiveness of our advertising campaigns or email communications. These Web beacons may be used by these service providers to place a persistent cookie on your computer. This allows the service provider to recognize your computer each time you visit certain pages or emails and compile anonymous information in relation to those page views, which in turn enables us and our service providers to learn what parts of the JamesGWellbornPhD.com brings you to the website and how you use the site. It is the policy of this site to prohibit Web beacons from being used to collect or access your personal information.

You are responsible for any laws you break by visiting this site.
(General International Agreement.) Dr. Wellborn’s office is in Brentwood, Tennessee, in the United States of America. Dr. Wellborn makes no claims that this site or its content are appropriate or may be downloaded outside of the United States. Access to this site or its content may not be legal by certain persons or in certain countries. If you access this site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

If you want to get into some kind of legal wrangle with Dr. Wellborn, you will have to do it in Tennessee, United States of America.
(Jurisdiction.) You expressly agree that exclusive jurisdiction for any dispute with Dr. Wellborn, or in any way relating to your use of this site, resides in the courts of the State of Tennessee and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Tennessee in connection with any such dispute including any claim involving Dr. Wellborn, this site or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms and Conditions are governed by the internal substantive laws of the State of Tennessee, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

If this site contains something of yours that you don’t want on it, just let Dr. Wellborn know and it will be removed.
(Notice and Take Down Procedure.)  If you believe any materials accessible on or from this site infringes your copyright, you may request removal of those materials (or access thereto) from this web site by contacting Dr. Wellborn and providing the following information:
1.Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2.Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3.Your name, address, telephone number and (if available) e-mail address.
4.A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5.A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
6.A signature or the electronic equivalent from the copyright holder or authorized representative.

You agree to these Terms and Conditions every time you visit the site. Dr. Wellborn is not going to tell you each and every time he makes a change on this website or the terms and conditions. Changes to this website will be made at any time without regard for consistency and without a guarantee of notification to visitors. This contractual agreement is in force when you enter this website. Updates to this terms of use policy will be indicated by a change of the “Updated:” date posted at the beginning of these terms of use pages.  You are encouraged to periodically review this privacy statement.  Use of this website constitutes your acceptance of and agreement to the Terms and Conditions of Use herein delineated.

You can contact Dr. Wellborn (or his website handlers) through the Contact link. He will ignore stupid or insulting emails or messages. He may even ignore legitimate or complimentary messages.
Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using the Contact link. Attempts are made to respond to emails in a timely manner but due to the volume of messages or the nature of the email, responses may not always be prompt. Dr. Wellborn or his representatives reserve the right to choose not to respond to an email or other form of communication. Some emails will not be dignified with any response.

These Terms and Conditions are the only agreements between you and Dr. Wellborn. They continue regardless of what else happens.
(Complete Agreement.) Except as expressly provided in a particular “legal notice” on this site, these Terms and Conditions constitute the entire agreement between you and Dr. Wellborn with respect to the use of this site and its content. The following provisions survive the expiration or termination of this agreement for any reason whatsoever: Liability, Indemnity, Jurisdiction, and Complete Agreement.

I hope you find this site helpful and convenient to use!