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NATIONAL COUNCIL ON PROBLEM GAMBLINGDIRECTORY OF CERTIFIED GAMBLING COUNSELORSUSER AGREEMENT
CAUTION: BY CLICKING ON THE “I AGREE” BUTTON AT THE END OF THIS DOCUMENT, YOU ARE AGREEING TO THE TERMS AND CONDITIONS OF THIS NATIONAL COUNCIL ON PROBLEM GAMBLING DIRECTORY OF CERTIFIED GAMBLING COUNSELORS USER AGREEMENT (“AGREEMENT”).
National Council on Problem Gambling (“NCPG”) and you (“you” or “your”) hereby agree that the terms and conditions of this Agreement govern your use of NCPG Directory of Certified Gambling Counselors (“Directory”).
1. General. The Directory is the property of NCPG. This Agreement is a legal agreement between NCPG and you regarding your use of the Directory. NCPG reserves the right to amend this Agreement in whole or in part from time to time in its sole discretion and to terminate your use of the site at any time for any reason without notice. Your continued or further use of the Directory will represent acceptance of any amendments to the Agreement.
a. Goal. The Directory has been developed solely to assist individuals in finding a certified gambling counselor.
b. Construction. The Directory has been constructed using a two-step process. First, any body that certifies gambling counselors may apply for accreditation of its certification program by NCPG. To be accredited by NCPG, the body’s certification program must require certified counselors to establish that they have met certain minimum qualification. These qualifications are set forth in subparagraph d. below. Once the certification program has received accreditation by NCPG, any gambling counselor certified through that program is eligible to apply for listing in the Directory. To be listed in the Directory, counselors must provide proof of current certification and pay an administrative fee to NCPG. NCPG does not itself certify or supervise any counselor. This Directory is not a complete listing of all gambling counselors, but solely a listing of those gambling counselors who are certified by an NCPG-accredited certifying program and who have successfully applied for listing.
c. Delisting. Whenever NCPG learns that a listed counselor’s certification has lapsed, NCPG strives promptly to remove that counselor from the list. While NCPG tries to obtain current information about any lapsed certifications, it can give no assurance it will succeed in obtaining such information and that a particular counselor who is listed has not had his or her certification lapse.
d. Accredited Certification Program Criteria. For a gambling certification program to be accredited by NCPG, the body operating the program must apply to NCPG and must demonstrate to NCPG’s satisfaction, in its sole discretion, that any person who is certified under the program meets the following minimum criteria, as such criteria may be amended from time to time by NCPG without notice to you: (i) thirty hours of training in gambling–specific counseling, (ii) a period of clinical supervision, (iii) a passing score on at least one of the following examinations (examination sponsoring organization in parentheses): Gambling Specialist Certification Examination (American Academy of Healthcare Providers in the Addictive Disorders), International Certification Examination for Gambling Counselors (Professional Testing Corporation), or Professional Exam for Counselors of Problem Gamblers (Castle Worldwide), (iv) a minimum of a high-school diploma, (v) an average of at least six hours of continuing education per year, and (vi) compliance with reasonable ethical standards or procedures as established by the certifying program.
e. Accredited Certification Programs. As of January 21, 2009, the certification programs of the following certifying bodies have received recognition from NCPG: International Gambling Counselor Certification Board (the “IGCCB”) and the American Compulsive Gambling Counselor Certification Board (ACGCCB). Please note that, while the IGCCB is an independent entity with its own governing body and policies, many of its activities are operated by NCPG under a contract between the two organizations.
3. No Warranty
a. General. IN NO EVENT WILL NCPG OR ITS AGENTS BE LIABLE TO ANY USER OF THE DIRECTORY OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ASSOCIATED WITH ANY USE OF THE DIRECTORY, EVEN IF NCPG OR ITS AGENTS ARE ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. ALL INFORMATION IS PROVIDED ON AN “AS IS” BASIS AND NEITHER NCPG OR ITS AGENTS SHALL BE LIABLE FOR ANY CLAIM ARISING OUT OF ANY ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE INFORMATION. NEITHER NCPG NOR ITS AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. YOU ASSUME ALL RESPONSIBILITY FOR YOUR USE OF THE DIRECTORY
b. Particular. Without limiting the generality of the foregoing, NCPG does not represent or warrant (i) any particular level or quality of service of any counselor; (ii) the initial or continuing availability, accessibility, affordability, or responsiveness of any counselor; (iii) any particular methodology, mode, course of treatment, or procedure used by or available from any counselor, or (iv) any particular outcome, benefit, efficacy, or satisfaction from any engagement of any counselor.
4. Indemnity: You shall indemnify and hold harmless NCPG, its agents, successors, and assigns from and against any and all liabilities, claims, damages, costs and expenses (including attorney or trade fees) arising, directly or indirectly, from your use of the Directory.
a. Entire Agreement. This Agreement constitutes the entire agreement between NCPG and you with respect to the Directory and supersedes all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between the parties. A printed copy of this Agreement and of any notice provided electronically will be admissible in any proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as if this Agreement had been originally generated and maintained in printed form.
b. Governing Law/Venue. This Agreement shall be governed by the laws of the District of Columbia, notwithstanding any conflict of law provisions to the contrary. NCPG and you consent to the exclusive jurisdiction and venue of the federal and local courts in the District of Columbia for the resolution of all disputes arising out of or relating to the use of the Directory or this Agreement.
c. Relationship. No partnership, joint venture, employment, or agency relationship exists between NCPG and you as a result of this Agreement; nor is any such relationship created by this Agreement. You shall not represent yourself as a representative, agent or employee of NCPG.
d. Waiver. Any failure to act or any delay in any action or in the enforcement of any rights by any party under this Agreement shall in no way operate as a waiver of any of the party’s rights herein. The waiver of any rights herein shall be effected solely by a writing signed by the waiving party.
e. Severability: If any provision of this Agreement is determined to be invalid or unenforceable, such determination shall not affect the continued validity and enforceable of the remaining provisions of this Agreement, which shall continue in full force and effect.
f. Reproduction Prohibited. Any reproduction or redistribution of the Directory by you is prohibited and may result in civil or criminal penalties.
g. No License. All corporate names, service marks, logos, trade names, trademarks, websites, and domain names of NCPG (collectively, “Marks”) are and shall remain the exclusive property of NCPG, and nothing in this Agreement shall be construed to grant you a license to use the Marks.