Eating Disorder Recovery at Poppink.com is dedicated to offering support, inspiration, education
and treatment opportunities for people with eating disorders and those who love them.

Thank you for visiting poppink.com ("The Site"). By clicking on the "I AGREE TO THESE TERMS AND CONDITIONS" button and by using The Site, you are creating a legal and binding agreement between you ("you" and "your") and Joanna Poppink ("Owner") that includes all of the following terms of your usage of The Site. Owner shall be free to change these terms at any time by posting the same on The Site but without any individual notice to you.

Before you accept this agreement, you should note that other parties may post materials that you may find offensive, triggering or otherwise bothersome. The content of The Site is open to everyone on the Internet. It is also possible that other parties may obtain information about you that you may consider personal and that they may seek to harass, intimidate or otherwise use such information in a manner that you may object to. You should not leave personally identifying information about yourself on The Site. You must know that information that you post is not private and may be accessed and viewed by others. Thus you should be careful about the information you provide.

1. The Site. The content of The Site can be changed at any time and any additions or changes shall be automatically deemed covered by these terms. Owner shall be entitled to discontinue The Site or terminate your access to The Site at any time. No such actions shall be deemed a breach or violation of this agreement on Owner's part.

2. Your Responsibilities. You shall be exclusively responsible for anything you post, publish or otherwise put up on The Site ("Material" in this agreement and the term "Material" shall include but shall not be limited to any information including any photographs, descriptions, biographical material including your name and any professional names and pseudonyms, email information or the like you provide as well as any information as to any jobs, internships, support groups or any other information) and everything and all Material that you post, publish or otherwise put up or transmit shall be subject to all of your representations, warranties, obligations and indemnities contained in this agreement. You are responsible for maintaining the confidentiality of any user identification, password and account provided to you as part of your use of The Site and you are fully responsible for all activities that occur under your user identification, password or account. Owner reserves the right but have no obligation to reject any Material brought to Owner's attention but Owner shall not, as a regular matter, review, edit, censor or otherwise maintain any supervisory role with regard to any Material. You agree that you will not post on The Site or otherwise publish, transmit, republish or retransmit to others:
   1. any Material that may violate the rights of any other party including but not limited to any rights of privacy, libel, slander, copyright, trademark or other rights nor any Material that is obscene, offensive, racist, sexually explicit, harassing or violates the laws of any state, country, province or any other governmental entity anywhere in the world;
   2. any Material, including but not limited to any Material contained in your profile or other identifying information, that includes either your or any other party's telephone number, street address, last names, URL's or other web site designations, anatomical or sexual references, or sexually suggestive language;
   3. any photographs, graphics or the like in any format containing nudity or information that may be used to identify yourself;
   4. any Material that is encrypted;
   5. any Material that is advertising or involves the commercial or other solicitation in any manner of any commercial nature, whether for you or any other party and whether or not considered to be "spam" or junk email and whether or not mailed individually or as part of a mass mailing;
   6. any Material that may be deemed to be or is a chain letter or the like; and
   7. any Material that contains or delivers any form of viruses, trojan horses, etc.

      Additionally, you understand that everyone who posts or provides any Material to The Site including but not limited to advertisers who advertise on The Site and those whose sites may be linked to The Site may own rights to that Material or such advertisements and related matters and you agree that you shall not copy, transmit, repost or otherwise use any such Material or such advertisements and related matters anywhere without the express, prior and written permission of the owner of that Material or such advertisements and related matters.

   You further agree that you shall not:

   1. interrupt or disrupt or attempt to interrupt or disrupt The Site in any way nor prevent or impede any other party's access to The Site;
   2. rovide false or misleading information about yourself or others except that you may use a screen name or other name for purposes of privacy;
   3. modify or change any aspect of The Site; and
   4. collect or store data about other users.

   You agree that your correspondence and dealings with or participation in activities of any parties found on or through The Site, including credit card processors and others and including issues related to payment and delivery of related goods or services and any other issues associated with such correspondence, dealings and participation, are solely between you and such other parties. You agree to abide by all of the terms and conditions related to your correspondence, dealings and other participation with such other parties. In some cases these other parties may share the information that they collect about you with Owner. If you have any doubts about the privacy of the information you are providing on another site or to any such other parties or about their and terms of service or any other concerns, Owner recommends that you contact that site or other party directly for more information and review their privacy policy and terms of service. Owner does not endorse any product, service or other information provided by any third party including by any third party who is linked from The Site. In the event that you respond to any internships, job offers or other such opportunities or in the event that you participate or derive information from any support groups, you do so at your own risk and you should take all precautions about making any contact with all other parties, whether by person contact or otherwise. OWNER IS NOT NOW AND NEVER WILL BE RESPONSIBLE FOR THE ACTIONS OF ANY OTHER PARTIES IN ANY MANNER WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY VIOLATION OF SUCH PRIVACY POLICIES OR OTHERWISE. YOU AGREE THAT OWNER SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH CORRESPONDENCE, DEALINGS, PARTICIPATION OR OTHERWISE OR AS THE RESULT OF SUCH OPPORTUNITIES, JOB OFFERS, INTERNSHIPS OR OTHERWISE OR FOR ANY OTHER REASON WITH REGARD TO ANY PARTIES YOU CORRESPOND OR OTHERWISE DEAL WITH OR MEET THROUGH THE SITE.

   Violations of this agreement including but not limited to the above policies, under appropriate circumstances and/or for certain repeat offenders, shall result in the termination of subscribers and account holders and other users of The Site, Owner's network or Owner's service. Owner is registered under the Digital Millennium Copyright Act of 1998 and pursuant to that act as well as Owner's other rights and remedies, but not in limitation thereof, Owner may remove any materials that, in Owner's sole discretion, may be illegal, may subject Owner to liability, or which may violate the within policies or this agreement and that Owner may act in accordance with direction from law enforcement officials or pursuant to court orders. Any claims from copyright holders and responses thereto shall be governed by the provisions of the Digital Millennium Copyright Act of 1998.

3. Owner's Rights. Owner reserves the right and by entering into this agreement you expressly consent to allow Owner to access all Material and other information you post on The Site as well as the right to monitor any and all activities on The Site including the right to remove any Material that Owner deems in violation of this agreement but Owner shall not have the obligation to do so and Owner shall not, as a regular matter, review, edit, censor or otherwise maintain any supervisory role with regard to any such activities or such Material. You expressly consent to allow Owner the right to store and make copies of all of your Material and other information you post. You also agree that Owner may preserve Material and information about you and may disclose Material if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of this agreement; (c) respond to claims that any Material violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Owner, The Site, the users of The Site and the public. YOU ACKNOWLEDGE THAT THERE IS NO CONFIDENTIAL OR PRIVILEGED RELATIONSHIP BETWEEN YOU AND OWNER AS TO ANY MATERIAL YOU POST OR READ ON THE SITE NOR ANY OTHER COMMUNICATIONS BETWEEN YOU AND OWNER. Owner is the proprietor of all of Owner's copyrights, trademarks and other proprietary rights and you shall have no rights of any sort in and to nor shall you use any of Owner's proprietary rights. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of The Site except that you may forward certain pages of The Site to a small number of other parties who may be interested in the information provided the particular page expressly allows you to do so. You hereby give and grant to Owner, its successors, assigns and licensees, the non-exclusive right to use, copy, display, post, repost, distribute, make compilations, data bases, derivative and other versions of the Material including but not limited to incorporating the Material into other works and the within grant shall be a grant to Owner and its successors, assigns and licensees both during the term of this agreement and after this agreement terminates for any reason and in perpetuity and may not be revoked by you for any reason. Owner shall have the right to sell, assign and otherwise transfer any or all of its rights in this agreement to any other party.

   You further acknowledge that Owner may establish general practices and limits concerning use of The Site, including but not limited to the maximum number of days that email messages, message board postings or other uploaded Material will be retained, the maximum number of email messages that may be sent from or received by you, the maximum size of any email message that may be sent from or received by you, the maximum disk space that will be allotted on Owner's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access The Site in a given period of time. You agree that Owner has no responsibility or liability for the deletion or failure to store any messages and other communications or other Material You acknowledge that Owner reserves the right to log off accounts that are inactive for an extended period of time.

4. Privacy and Related Matters. At the present time, Owner will not intentionally disclose any personal information about you to any third party but any inadvertent disclosure shall not be deemed a breach of this agreement and you shall have no rights or remedies for such inadvertent breach. However, in the event that you use any sort of credit, debit or other card for any activities or transactions on The Site, Owner shall have the right to disclose to all relevant parties all information you provide for purposes of processing the said activities or transactions. In the event that you provide Materials to The Site, Owner shall be free to use such Materials as set forth in this Terms of Use agreement. In the event that you subscribe to any publication from or by Owner including but not limited to any newsletters or the like, Owner shall be free to use your subscription information to contact you about related matters. Notwithstanding anything in this paragraph or in this agreement, Owner shall have the right to change any aspect of this policy in any manner whatsoever by placing a notice on The Site and without any personal notice to you. If Owner changes this policy, you shall have the right to request Owner to delete all information related to you by sending a notice as set forth in paragraph 8 below.

5. NOT THERAPY AND NO CONFIDENTIAL RELATIONSHIPS. THE SITE DOES NOT OFFER PSYCHIATRIC, PSYCHOLOGICAL OR THERAPEUTIC ADVICE. THIS IS AN INFORMATION ONLY SITE. YOU SHOULD NOT RELY ON ANY OF THE INFORMATION CONTAINED ON THE SITE, WHETHER POSTED BY JOANNA POPPINK OR ANY OTHER PARTY AND SHOULD INSTEAD SEEK PROFESSIONAL ADVICE FROM A QUALIFIED AND LICENSED THERAPIST OR OTHER EMOTIONAL HEALTH CARE PROVIDER IN YOUR STATE. IF ANY INFORMATION IS PROVIDED ON THE SITE OR OTHERWISE, IT IS BASED ON THE FACTS OF THE GIVEN SITUATION AND YOU SHOULD NOT RELY ON ANY SUCH INFORMATION. THERE IS NO PSYCHOTHERAPIST-PATIENT RELATIONSHIP, NO PSYCHOTHERAPIST-CLIENT RELATIONSHIP AND NO OTHER CONFIDENTIAL OR OTHER RELATIONSHIP BETWEEN YOU AND OWNER CREATED AS A RESULT OF THE SITE, YOUR OR OWNER'S PARTICIPATION IN THE SITE OR OTHERWISE INCLUDING BUT NOT LIMITED TO THAT NO SUCH RELATIONSHIPS ARE CREATED BY ANY COMMUNICATION BETWEEN YOU AND JOANNA POPPINK OR BETWEEN JOANNA POPPINK AND YOU INCLUDING BUT NOT LIMITED TO VIA EMAIL OR OTHER COMMUNICATION. NONE OF THE FOREGOING RELATIONSHIPS SHALL BE DEEMED ESTABLISHED UNLESS AND UNTIL A FORMAL, INFORMED CONSENT, PSYCHOTHERAPIST-PATIENT WRITTEN AGREEMENT IS ENTERED INTO BETWEEN YOU AND JOANNA POPPINK (THE WITHIN TERMS OF USE IS NOT SUCH AN AGREEMENT). ALL COMMUNICATIONS BETWEEN YOU AND OWNER, WHETHER ORIGINATING FROM THE SITE OR WHETHER IN ANY OTHER FORMAT INCLUDING BUT NOT LIMITED VIA TELEPHONE, EMAIL OR OTHERWISE BETWEEN YOU AND OWNER ARE EXPRESSLY NOT COVERED BY ANY PRIVILEGE EXISTING UNDER ANY LAWS ANYWHERE IN THE WORLD AND ALL SUCH COMMUNICATIONS ARE NOT PRIVILEGED OR CONFIDENTIAL.

6. Interpretation of this Agreement. It is the intention of Owner in this agreement and with regard to The Site to make certain that Owner is not deemed to be a publisher of any Material and not responsible in any manner for the conduct of you or any other party or otherwise. As such, this agreement and The Site shall be construed to make Owner not liable in any manner for any Material, such conduct or otherwise and to make Owner's actions consistent and compliant with all laws, anywhere in the world, whether now in existence or hereafter enacted.

7. Your Promises. You represent and warrant:
   1. that you are over the age of 14;
   2. that if you post and lead a support group, you represent and warrant that you are over the age of 21;
   3. that neither the Material nor entering into this agreement by you will impair or violate any rights of any party as set forth above and that all of the Material complies and will comply with all applicable laws, statutes, regulations of any governmental or other body exercising jurisdiction over this agreement, The Site or otherwise anywhere in the world;
   4. that the Material is original with you;
   5. that you shall be solely responsible for full compliance under all state and federal laws, statutes, regulations and the like regulating this agreement, The Site or otherwise; and
   6. that you shall not seek to hold Owner, nor any of Owner's, agents, attorneys or others liable in any manner for anything that may result from your or another person's use of The Site.

   These warranties shall survive the termination of this agreement.

8. Your Indemnities. You shall defend and save and hold harmless Owner, Owner's licensees, partners, employees, agents, attorneys, or other parties against any and all claims, demands, costs, awards, damages and the like, including attorneys fees, that may arise from a breach or claimed breach of any of your warranties, representations, promises or obligations under this agreement, whether or not a breach of those warranties, representations, promises or obligations is finally sustained and whether or not any litigation or claim is filed, or for any other cause of action or claims by any third parties including but not limited to any governmental body whether or not any litigation or claim is filed or sustained. These indemnities shall survive the termination of this agreement.

9. NO WARRANTIES. THE SITE AND ALL OF ITS COMPONENTS INCLUDING BUT NOT LIMITED TO ANY ARTICLES, COLUMNS, INFORMATION, DISCUSSION GROUPS, CHAT ROOMS AND THE LIKE AND ADVERTISING ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WHETHER AS TO USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE. YOU ARE USING THE SITE AT YOUR OWN RISK. OWNER DOES NOT WARRANT OR GUARANTEE THE CORRECTNESS OF ANY MATERIAL OR INFORMATION POSTED ON OR INFORMATION OBTAINED FROM THE SITE WHETHER BY OR FROM OWNER OR BY OR FROM ANY OTHER PARTY. OWNER DOES NOT GUARANTEE OR WARRANT THAT YOU SHALL ACHIEVE ANY PARTICULAR RESULTS FROM USING THE INFORMATION FROM OR RELATED TO THE SITE. OWNER SHALL NOT BE RESPONSIBLE FOR ANY ACTS OR OMISSIONS BY ANY PARTY INCLUDING BUT NOT LIMITED TO ANY PARTIES YOU MAY COMMUNICATE WITH OR HAVE ANY CONTACT WITH NOR FROM THE ACTIVITIES OF "HACKERS" OR THOSE WHO MIGHT INVADE OR DISRUPT THE SITE OR TAKE INFORMATION INCLUDING MATERIAL FROM THE SITE OR OTHERWISE. OWNER DOES NOT ENDORSE OR SUPPORT ANY MATERIAL INCLUDING ANY ADVERTISING POSTED BY ANY PARTY OR OTHERWISE PROVIDED ON THE SITE. OWNER DOES NOT ENDORSE OR SUPPORT ANY SITES THAT MAY BE LINKED TO THE SITE OR WHICH PROVIDE INFORMATION OR SERVICES TO THE SITE. OWNER SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS BY ANY PARTY INCLUDING BUT NOT LIMITED TO ADVERTISERS, EMPLOYERS OR POTENTIAL EMPLOYERS, PARTIES OFFERING INTERNSHIPS OR OTHER OPPORTUNITIES OR ANY OTHER PARTIES OR FOR THE ACTS OR OMISSIONS OF ANY PARTY TO WHOM THE SITE HAS PROVIDED ANY LINKS OR WHICH OTHER PARTY MAY PROVIDE INFORMATION OR SERVICES TO THE SITE OR TO YOU. OWNER SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT OR INDIRECT COMPENSATORY, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR COSTS OF ANY CHARACTER INCLUDING BUT NOT LIMITED TO DAMAGES OR COSTS FOR PERSONAL INJURY OF ANY SORT, EMOTIONAL INJURY OF ANY SORT, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, PATENT INFRINGEMENT, LIBEL, SLANDER, INVASION OF PRIVACY, INTERFERENCE WITH THE RIGHTS OF PUBLICITY, LOSS OF GOODWILL, LOSS OF DATA, LOST PROFITS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, NOR FOR FAILURE OF OWNER'S OR ANY OTHER WEB HOSTING OR OTHER SERVER NOR ANY FAILURE OF OWNER OR ANY OTHER PARTY TO PROVIDE INTERNET ACCESS FOR ANY PERIOD OF TIME NOR FOR ANY CAUSE OUTSIDE OF OWNER'S CONTROL NOR FOR ANY AND ALL OTHER DAMAGES OR COSTS INCLUDING PUNITIVE DAMAGES OR LOSSES. OWNER WILL NOT BE LIABLE FOR ANY DAMAGES OR COSTS IN EXCESS OF THE TOTAL CONTRACT PRICE FOR THE SERVICES RENDERED HEREIN, EVEN IF OWNER SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS, OR FOR ANY CLAIM BY ANY OTHER PARTY. THE WITHIN LIMITATION OF WARRANTIES MAY BE LIMITED BY THE LAWS OF CERTAIN STATES OR OTHER JURISDICTIONS AND SO SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER RIGHTS THAT MAY VARY FROM STATE TO STATE.

10. Miscellaneous. The Site is provided by Joanna Poppink, L.M.F.T., 10573 West Pico Blvd. #20. Los Angeles, CA 90064, email: joanna@poppink.com and the name of Owner's agent is Joanna Poppink located at 10573 West Pico Blvd. #20. Los Angeles, CA 90064. If you have any complaints about The Site or if you wish to change any of the information you have provided to The Site or wish to "opt out" of any notifications or the like, you can contact Owner at the above email or other address. If you believe your copyright rights have been violated, you should notify Owner's Designated Agent according to the instructions on that page of The Site. Residents of the state of California can obtain additional information about their rights from the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at (916)445.1254. This agreement shall be subject to and interpreted under the laws of the state of California applicable to agreements wholly to be performed therein as well as the laws of the United States, where applicable. If Owner asks a third party to provide services through Owner's network or for The Site, the provisions of this agreement shall apply to your use of their services. Captions are for clarity sake only and have no substantive effect. This agreement is the complete understanding between you and Owner except that Owner may change the provisions of this agreement by posting such changes on The Site and without any individual notice to you. It shall bind and benefit each of your and Owner's respective heirs, assigns and successors in interest but any restrictions on assignment and transfer otherwise contained in this agreement shall otherwise apply. A waiver of any provision of this agreement, or any claimed breach thereof, shall not be deemed a waiver of any other provision or breach. All remedies provided Owner in this agreement are cumulative and the exercise by Owner of any remedy shall be without prejudice to Owner's exercise of any other rights or remedies available to Owner. Any dispute arising under this agreement shall be determined only by a court of competent jurisdiction only Los Angeles, California and Owner shall be entitled to injunctive relief. You expressly consent to personal jurisdiction in such state and in such court. In any action under this agreement, the prevailing party shall be entitled to attorneys fees and court costs. In the event any portion of this agreement shall be held invalid or unenforceable it shall not affect the validity or enforceability of the rest of this agreement. All of the provisions of this agreement shall survive the termination of this agreement for any reason.

Joanna Poppink, MFT, licensed marriage and family therapist, private psychotherapist specializing in eating disorder recovery,
10573 West Pico Bl. #20, Los Angeles, CA 90064 (310) 474-4165

Copyright © Joanna Poppink 1995-2005. All Rights Reserved.  No portion of this material may be copied, retransmitted, reposted, duplicated or otherwise used without the express written approval of Joanna Poppink.