CONCERNED ASSOCIATES SERVICE AND WEB SITE USE AGREEMENT

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE.

IMPORTANT: By using this site, you signify your assent to the terms and conditions contained in this Agreement. If you do not agree to all of the terms and conditions contained herein, do not use this site.

1. Definitions.

"Concerned Associates" is an interactive on-line counseling service operated by Gilbert E. Garcia, d/b/a Concerned Associates ("Concerned Associates") consisting of information services and content provided by Concerned Associates, affiliates of Concerned Associates and other third parties. "Client" means each person who accesses Concerned Associates for access to and use of Concerned Associates information or establishes a connection ("Account") for use of its services.

2. General

(A) Concerned Associates is not intended to be a substitute for professional advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on Concerned Associates.

(B) Concerned Associates does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on Concerned Associates. Reliance on any information provided by Concerned Associates, Concerned Associates employees, others appearing on Concerned Associates at the invitation of Concerned Associates, or other visitors to the Concerned Associates is solely at your own risk.

(C) This Agreement, which incorporates by reference other provisions applicable to Client's use of Concerned Associates, and sets forth the terms and conditions that apply to Client's use of Concerned Associates. By using Concerned Associates, Client agrees to comply with all of the terms and conditions hereof.

The right to use Concerned Associates is personal to Client and is not transferable to any person or entity. Client is responsible for all use of Client's Account and for ensuring that all use of Client's Account complies fully with the provisions of this Agreement.

(D) Concerned Associates shall have the right at any time to change or discontinue any aspect or feature of Concerned Associates, including, but not limited to, content, hours of availability, and equipment needed for access or use.

3. Changed Terms.

Concerned Associates shall have the right at any time to change or modify the terms and conditions applicable to Client's use of Concerned Associates, or any part thereof, or to impose new conditions, including, but not limited to, adding or increasing fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice, which may be given by any means including, but not limited to, posting on Concerned Associates, or by electronic or conventional mail, or by any other means by which Client obtains notice thereof. Any use of Concerned Associates by Client after such notice shall be deemed to constitute acceptance by Client of such changes, modifications or additions.

4. Equipment.

Client shall be solely responsible for obtaining and maintaining all telephone, computer hardware, internet connection and other equipment needed for access to and use of Concerned Associates and all charges related thereto.

5. Client Conduct

(A) Client shall use Concerned Associates for lawful purposes only. Client shall not post or transmit through Concerned Associates any material which violates or infringes in anyway upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which contains advertising or any solicitation with respect to products or services.

Any conduct by a Client that in the sole discretion of Concerned Associates restricts or inhibits any other Client from using or enjoying Concerned Associates will not be permitted. Client shall not use Concerned Associates to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become Clients of other on-line information services competitive with Concerned Associates.

(B) Concerned Associates contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, and sound. The entire contents of Concerned Associates are copyrighted as a collective work under United States copyright laws.

Concerned Associates owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Client may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part.

Client may download copyrighted material for Client's personal use only provided that the following notice is included on such materials: "Copyright 2005, Concerned Associates. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of Concerned Associates and the copyright owner.

In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Client acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

(C) Client shall not upload, post or otherwise make available on Concerned Associates any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Client. Client shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.

By submitting material to any public area of Concerned Associates, Client automatically grants, or warrants that the owner of such material has expressly granted Concerned Associates the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material.

Client also permits any other Client to access, view, and store or reproduce the material for that Client's personal use. Client hereby grants Concerned Associates the right to edit, copy, publish and distribute any material made available on Concerned Associates by Client.

(D) The foregoing provisions of Section 5 are for the benefit of Concerned Associates, its subsidiaries, client companies, sub-contractors, affiliates and its third party content providers and licensers and each shall have the right to assert and enforce such provisions directly or on its own behalf.

6. Disclaimer of Warranty; Limitation of Liability

(A) CLIENT EXPRESSLY AGREES THAT USE OF CONCERNED ASSOCIATES IS AT CLIENT'S SOLE RISK. NEITHER CONCERNED ASSOCIATES, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSERS WARRANT THAT CONCERNED ASSOCIATES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF CONCERNED ASSOCIATES, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH CONCERNED ASSOCIATES.

(B) CONCERNED ASSOCIATES IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, NEGLIGENCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

CLIENT SPECIFICALLY ACKNOWLEDGES THAT CONCERNED ASSOCIATES IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CLIENTS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH CLIENT.

(D) IN NO EVENT WILL CONCERNED ASSOCIATES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING CONCERNED ASSOCIATES OR THE CONCERNED ASSOCIATES SOFTWARE, IS LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, AND CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE CONCERNED ASSOCIATES. CLIENT HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON CONCERNED ASSOCIATES.

(E) IN ADDITION TO THE FOREGOING, NEITHER CONCERNED ASSOCIATES, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN CONCERNED ASSOCIATES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY.

NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER, CONCERNED ASSOCIATES, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.

7. Monitoring.

Concerned Associates shall have the right, but not the obligation, to monitor the content of Concerned Associates, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by Concerned Associates and to satisfy any law, regulation or authorized government request. Concerned Associates shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on Concerned Associates. Without limiting the foregoing, Concerned Associates shall have the right to remove any material that Concerned Associates, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

8. Indemnification.

Client agrees to defend, indemnify and hold harmless Concerned Associates, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of Concerned Associates by Client or Client's Account.

9. Termination.

Either Concerned Associates or Client may terminate this Agreement at any time. Without limiting the foregoing, Concerned Associates shall have the right to immediately terminate Client's Account in the event of any conduct by Client which Concerned Associates, in its sole discretion, considers to be unacceptable, or in the event of any breach by Client of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section 9 shall survive termination of this Agreement.

10. Trademarks.

Concerned Associates and each of their logos are trademarks of Gilbert E. Garcia, d/b/a Concerned Associates. All rights are reserved. All other trademarks appearing on Concerned Associates are the property of their respective owners.

11. Third Party Content.

Concerned Associates is a licenser or distributor (and not a publisher) of content supplied by third parties and Clients. Accordingly, Concerned Associates has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Clients or any other user of Concerned Associates, are those of the respective author(s) or distributor(s) and not of Concerned Associates.

Neither Concerned Associates nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchant ability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)

In many instances, the content available through Concerned Associates represents the opinions and judgments of the respective information provider, Client, or other user not under contract with Concerned Associates. Concerned Associates neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on Concerned Associates by anyone other than authorized Concerned Associates employee spokespersons while acting in their official capacities.

Under no circumstances will Concerned Associates be liable for any loss or damage caused by a Client's reliance on information obtained through Concerned Associates. It is the responsibility of Client to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Concerned Associates. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content. Concerned Associates is available to provide referral information to such professionals. However, such referrals is not a recommendation or endorsement of professional competency, effectiveness, professionalism or appropriate conduct.

12. Miscellaneous.

This Agreement and any operating rules for Concerned Associates constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.

This Agreement shall be construed in accordance with the laws of the State of Michigan, without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any dispute with Concerned Associates, or in any way relating to your use of Concerned Associates, resides in the courts of the State of Michigan and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Michigan in connection with any such dispute including any claim involving Concerned Associates or its subsidiaries, employees, contractors, officers, directors, and content providers.

No waiver by either party of any breach or default here under shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

13. Copyrights and Copyright Agent.

Concerned Associates respects the rights of all copyright holders and in this regard, Concerned Associates has adopted and implemented a policy that provides for the termination in appropriate circumstances of Clients and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Concerned Associates's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. ? 512.

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

2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

3. 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, and information reasonably sufficient to permit us to locate the material.

4. Information reasonably sufficient to permit us to contact the complaining party.

5. 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.

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Concerned Associates's Copyright Agent for notice of claims of copyright infringement on or regarding this site can be reached as follows:

CONCERNED ASSOCIATES
(866) 903-6000

For any questions or requests other than copyright issues, please contact Concerned Associates.

CONCERNED ASSOCIATES
(866) 903-6000

14. Children's Privacy.

Concerned Associates is not intended or designed to attract persons under the age of 18. We do not collect information from any person we actually know is under the age of 18.

15. Advertisements and Links.

Concerned Associates does not endorse the content on any third-party websites. Concerned Associates is not responsible for the content of linked third-party sites, sites framed within Concerned Associates, or third-party advertisements, and does not make any representations regarding their content or accuracy.

Client's use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Concerned Associates does not endorse any product advertised on Concerned Associates.

Statement of Employment
Policy

In our efforts to develop our affirmative action program, we hereby reaffirm and formalize our commitment to the principle of equal employment opportunity.

This company's policy is to ensure equal employment opportunity for all without regard to race, color, religion, sex, national origin, age, handicap, veteran status, or any other non-job-related characteristic.

Equal Employment Opportunity Policy

Statement of Employment Policy

Concerned Associates complies with nondiscrimination regulations under Title VII, Civil Rights Acts of 1964; Vietnam-Era Veterans Readjustment Assistance Act of 1974; Section 504 of the Rehabilitation Act of 1973; the Americans with Disabilities Act of 1990; the Age Discrimination in Employment Act of 1967; Executive Order 11141, the Equal Pay Act, the [state] Labor Code, and other applicable statutes, ordinances and regulations. Concerned Associates complies with affirmative action regulations under Executive Order 11246, the Vietnam-Era Veterans Readjustment Assistance Act, and the Federal Rehabilitation Act.

The company will recruit, hire, train, and promote people in all job classifications without regard to race, color, religion, national origin, age, disability, or history of disability (except where physical or mental abilities are a bona fide occupational requirement and the individual is not able to perform the essential functions of the position even with reasonable accommodations), or sex (unless gender is a bona fide occupational qualification), status as a veteran or other protected characteristic.