WEBSITE TERMS OF USE
Welcome! This website (the “Site”) is owned and operated by Emily Schleich PLLC, dba, All Minds Counseling, a Colorado professional limited liability company (“AMC,” “We,” “Our,” “Us”). We provide professional mental health counseling and related services. These Terms of Use (the “TOU”) describe you, the user’s (“You,” “Your,” or the “User”) rights and responsibilities with regard to the Site, as well as Your and Our obligations in regard to the request, provision, and payment for Our services. You understand and agree that these TOU are entered into between you and AMC. If you do not accept and agree to be bound by these TOU, you are not authorized to access or otherwise use the Site, Services, or any information or Content provided through the Site or Our services.
We work hard to continually update the Site and services. We reserve the right to review, amend, edit, alter, or remove any part of these TOU and the Site in Our sole discretion at any time and without prior notice to you. You should check the TOU from time-to-time when you use the Site or Our services to determine if any changes have been made. Any changes to these TOU are effective upon posting to the Site. Unless otherwise indicated, any new Content (as defined below) is also subject to these TOU upon posting to the Site. If you disagree with these TOU, your sole and exclusive remedy is to discontinue your use of the Site or Our services, subject to applicable legal obligations. Your continued use of the Site or Our services after a change has been posted constitutes Your acceptance of the changes, and You agree AMC shall not be liable to You or to any third party for any modification, suspension, or discontinuance of the Site or Our services.
PLEASE READ THESE TOU CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE, A RELEASE AND WAIVER OF LIABILITY, AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION RATHER THAN IN A COURT OF LAW. UNDER THESE TOU AND COLORADO LAW, PUNITIVE DAMAGES, APPEALS, AND JURY TRIALS WILL NOT BE AVAILABLE IN THE REQUIRED ARBITRATION.
SITE CONTENT
All information on this Site is intended to be general, informational, educational, or marketing in nature. None of the information You receive or obtain through the Site should be considered professional advice. AMC assumes no responsibility or liability for how You use information obtained from this Site. Any views, information, or opinions expressed in linked items, websites, or embedded materials on the Site are solely those of the individuals making them, and may not represent those of, and should not be attributed to AMC, its owners, affiliates, contractors, agents, representatives, or employees. AMC is not responsible and does not verify for accuracy any of the information presented by third parties. AMC likewise does not assume any liability, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, in such information, including any views or opinions expressed by third parties within it. Before making any decisions regarding Your healthcare, please consult Your PCP, psychotherapist, or other appropriate healthcare professional.
IF YOU ARE EXPERIENCING A MEDICAL OR MENTAL HEALTH EMERGENCY, PLEASE IMEDIATELY CALL EMERGENCY PERSONNEL (911), THE SUICIDE AND CRISIS LIFELINE (988) OR GO TO THE NEAREST EMERGENCY ROOM. DO NOT RELY ON ELECTRONIC COMMUNICIATIONS OR THIS SITE FOR ASSISTANCE IN REGARD TO YOUR IMMEDIATE, URGENT, MEDICAL OR MENTAL HEALTH NEEDS.
Please be aware that most information transmitted over the Internet is not secure; thus, confidentiality cannot be guaranteed. You should never send confidential, proprietary, medical, mental health, or otherwise protected information via the Site. Any client information transmitted to our Site will be treated as non-confidential. IN ANY EVENT, USE OF THIS SITE DOES NOT IN AND OF ITSELF CREATE A CLIENT-THERAPIST, OR ANY OTHER PROTECTED RELATIONSHIP.
Non-Coverage by Insurance. Some services we provide may not be reimbursable through health insurance. It is each client’s individual responsibility to check coverage before engaging in Our services. Please review your client agreement for more information or contact us at the information below.
OWNERSHIP OF SITE, CONTENT, TRADEMARKS, AND TRADE SECRETS; NO LICENSE
As between AMC and You, AMC is the sole and exclusive owner of all right, title, and interest in and to the Site and its content, features, information, and functionality, including but not limited to all intellectual property and ideas on the Site and the associated rights therein, as well as any suggestions, ideas, or other feedback You provide Us (collectively, the “Content”). You are not permitted to reproduce, publish, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Content except as generally and ordinarily permitted through the Site according to these TOU. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Site or Content shall be owned solely and exclusively by AMC or its successors, licensors, or licensees, including all intellectual property rights therein. Nothing in these TOU or on the Site may be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Site or proprietary or confidential information related to Our services, Content, or Our other intellectual property, except as expressly stated herein, as permitted by applicable law, or with an express license granting such rights. Certain names, logos, and other materials displayed in and through the Site may constitute trademarks, trade names, service marks or logos of AMC or its affiliates (Our “Marks”). You are not authorized to use any Marks without AMC’s express written permission.
AMC PRIVACY POLICY
AMC understands the importance of confidentiality and privacy regarding Your personal information. Please see Our Privacy Policy for a description of how We may collect and use Your personal data. We incorporate Our Privacy Policy into these TOU by reference, each part of that Privacy Policy also constituting a term of these TOU.
ACCEPTABLE USE
Subject to Your compliance with these TOU, AMC grants You a personal, limited, revocable, non-exclusive, non-transferable, royalty-free license to view, download, access, and use the Site solely for Your personal and non-commercial use, and as permitted under these TOU and Our Privacy Policy. Any unlawful or inconsistent use with these TOU is prohibited and will result in, at a minimum, an automatic termination of this license. AMC and its affiliates expressly reserve all rights, title, and interest not expressly granted herein. We further reserve the right, in Our sole and exclusive discretion, to deny or suspend use of the Site to anyone for any reason.
GOOD FAITH ESTIMATE FOR SELF-PAY AND UNINSURED INDIVIDUALS
In any healthcare relationship where You are uninsured or are paying for healthcare services on Your own, You have the right to receive a good faith estimate for the total expected cost of any non-emergency items or services. This includes related costs tests, equipment, and facility fees. If You would like a good faith estimate, please contact us at the below contact information prior to obtaining the services.
LINKS TO THIRD-PARTY WEBSITES
The Site may contain hyperlinks or references to other websites, posts, blogs, videos, or other third-party online material (collectively, the “Linked Sites”). You may have arrived at the Site through a Linked Site. Linked Sites may not be under Our control, and We are not responsible for the information, products, policies, or services described on or governing such Linked Sites, or for the content of any Linked Site. We are providing Linked Sites to You only as a convenience, and the inclusion of any link does not imply endorsement of the Linked Site or any association with its operators. Your use of these Linked Sites is at Your Own risk, and You agree and understand We are not liable to You in any way, either directly or indirectly, for any content, errors, damage, or loss caused by or in connection with use of or reliance on information contained in or provided to Linked Sites.
ORDERS; PAYMENT
To the extent the Site or any portion of it is made available to You for a fee, You will be required to provide Us information regarding Your credit card or other payment instrument. You represent and warrant such information is true and accurate, and that You are authorized to use the payment instrument. You agree to pay all fees due for Your order(s). You will see a prompt for Your payment details, such as Your credit card information and any promotional codes You may have. By entering Your payment information and submitting Your request, You authorize Us, Our affiliates, or Our third-party payment processors to charge the amount due. In the event Your credit card is expired or AMC, Our affiliates, or Our third-party payment processors are unable to process Your payment, You may receive notice for You to provide an alternative payment method. Subject to Your individual services agreement, if any, AMC does not have any obligation to provide any services unless and until full payment has been received or verified, as applicable and subject to these TOU. We reserve the exclusive right to change Our prices without limitation or any prior notification to You. Your continued use of the services after a price change becomes effective constitutes Your agreement to pay the changed or charged amount.
USER INFORMATION
You may have to register or provide certain User, personal, or contact information (collectively, “User Information”) in order to access certain parts of the Site or Our services. You agree to provide information that is accurate, complete and correct about Yourself. We will at all times maintain and use User Information in accord with Our Privacy Policy. If We have grounds, in Our reasonable and sole discretion, to suspect Your information is incorrect, misleading, outdated, or false, We have the right to suspend or terminate Your use of the Site, or to ask You to correct it with applicable suspension until You do. You agree to immediately notify Us of any unauthorized use of Your User Information in any way or of any other breach of security that You become aware of involving or relating to the services. To report such an issue, please email Us at info@allmindstherapy.com. AMC may take any and all actions AMC deems necessary or reasonable to maintain the security of the Site, services, and Your User Information.
USER OBLIGATION
You represent You are of legal age to form a binding contract and are not a person barred from using, receiving, or accepting Our services under the laws of the United States or other applicable jurisdictions, such as the European Union. If You are under 13 years of age, You are not authorized to use the Site or Our services. If You are between the ages of 13 and 16 years old, You may use the Site and Our services solely with the approval of Your parent or legal guardian. You may not independently purchase anything from Our Site or through Our services unless You are at least 18. You agree that Your use of the Site and any uses of any services or its Content are subject to Your agreement with all of these TOU as well as Our Privacy Policy, which is incorporated into these TOU by reference. You agree You will not violate any local, state, federal, or international laws in using this Site or accessing any information or material within or through the Site.
TECHNOLOGICAL AND FINANCIAL REQUIREMENTS FOR USE
You must have compatible computing or mobile devices, access to the Internet, and certain necessary software in order to use the Site. Fees and charges may apply to Your use of the mobile services and to the Internet. You are solely responsible for any such fees, costs, or expenses You incur in relation to Your use of the Site or services.
SITE ACCESS; TERMINATION
Subject to the “Survival” provision below, these TOU will remain in full force and effect as long as You continue to access or use the Site. You may terminate the TOU at any time by discontinuing use of the Site, as applicable. Your permission to use the Site automatically terminates if You violate these TOU. AMC reserves the right to prohibit, restrict, suspend, discontinue, or terminate Your access to the Site or Our services, and any rights or licenses granted in association with them, in whole or in part, with or without prior notice, at any time, and based in Our sole and exclusive discretion. Including but not limited to for Your violation of these TOU.
DISCLAIMER OF WARRANTIES
AMC DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS AS TO THE PROVISION OF THE SITE, THE ACCURACY OR COMPLETENESS OF THE SITE, THE SITE CONTENT, OR INFORMATION LINKED THROUGH THE SITE, INCLUDING THE LINKED SITES. YOU ACKNOWLEDGE AND AGREE AMC PROVIDES THE SITE AND SERVICES "AS IS" AND ON AN "AS AVAILABLE" BASIS, SUBJECT TO APPLICABLE LAW.
AMC AND ITS AFFILIATES, INCLUDING THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, CONTRACTORS, INSURERS, SUBSIDIARIES, AFFILIATES, AND AGENTS (COLLECTIVELY “RELATED PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, SITE CONTENT, AND THE SERVICES, INCLUDING, BUT NOT LIMITED TO ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, TITLE, AVAILABILITY, SECURITY, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OR SYSTEM INTEGRATION.
TO THE FULLEST EXTENT OF APPLICABLE LAW, NEITHER AMC NOR ITS RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR YOUR MISUSE OF SITE CONTENT. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR USEFULNESS OF THE SITE, SITE CONTENT, AND LINKED SITES.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, AND EXCEPT AS SET FORTH IN THIS SECTION, IN NO EVENT WILL AMC OR ITS RELATED PERSONS, LICENSORS, OR LICENSEES BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), CONTRACT, WARRANTY, STATUTE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE OR DATA, SERVICE INTERRUPTION, COMPUTER OR MOBILE PHONE DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE OF (OR INABILITY TO USE) THE SITE, SITE CONTENT, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, UNLESS IT IS DEMONSTRATED THAT SUCH INJURIES, DAMAGES, OR LOSSES WERE DIRECTLY CAUSED BY OUR RECKLESS OR INTENTIONAL CONDUCT. THIS IS TRUE EVEN IF AMC OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
The foregoing sections entitled, “Disclaimer of Warranties” and “Limitation of Liability” are intended only as permitted by applicable law. If any portion of these sections is held to be invalid, the invalidity of that portion(s) shall not affect the validity of the remaining portions of the applicable sections. To the extent that We may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of Our liability will be the minimum permitted under applicable law and the remainder of these TOU shall remain in full force and effect.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless AMC and its Related Persons from and against any and all third-party suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, reasonable attorney fees, litigation expenses, and accounting fees), relating to or arising from, or alleged to arise from, Your use of Content, Our services, or the Site, in an unauthorized manner, including but not limited to via fraud, violation of law, willful misconduct, or any breach by You of these TOU.
GOVERNING LAW, DISPUTE RESOLUTION, ARBITRATION, VENUE, AND SEVERABILITY OF PROVISIONS
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND AMC TO RESOLVE ALL DISPUTES THROUGH BINDING, INDIVIDUAL ARBITRATION, AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM AMC.
These TOU and Your use of the Site shall be governed by the laws of the State of Colorado, without giving effect to the principles of conflict of laws. Any dispute arising under or relating in any way to these TOU will be resolved exclusively by final and binding arbitration with Judicial Arbiter Group (“JAG”) in Denver, Colorado under JAG’s rules current to the date of the commencement of the arbitration, except that either party may bring a claim related to intellectual property rights or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction, or may bring a small claims case if the claim qualifies (collectively, the “Exceptions”). The parties agree the courts located in Denver, Colorado shall have exclusive personal jurisdiction, subject matter jurisdiction, and venue for any valid court claim under these TOU as well as any enforcement of an arbitrator’s final judgment. Except in regard to the Exceptions: EACH PARTY HEREBY AFFIRMATIVELY AND VOLUNTARILY WAIVES ANY RIGHT TO A JURY TRIAL OR TO APPEAL, IN ACCORD WITH SUCH ARBITRATION. BY AGREEING TO THESE TOU, YOU AGREE TO INDIVIDUALLY, AND NOT AS A MEMBER OF ANY CLASS OR CLASS ACTION, ARBITRATE AGAINST AMC REGARDING ANY CLAIM OR DISPUTE, YOU AGREE TO WAIVE ANY TRIAL BY JUDGE OR JURY, YOU WAIVE ANY RIGHT OF APPEAL AND ANY RIGHT TO ACCESS PUNITIVE DAMAGES. JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING APPROPRIATE JURISDICTION AS GOVERNED UNDER THESE TOU.
All parts of these TOU apply to the maximum extent permitted by law. AMC and You both agree that if a party cannot enforce a part of this agreement as written, then that part will be replaced with terms that most closely match the intent of the part the party cannot enforce, to the extent permitted by law. The invalidity of part of these TOU will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.
NO WAIVER
No waiver by AMC of any term or condition set forth in these TOU shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by AMC to assert a right or provision under these TOU shall not constitute a waiver of such right or provision.
REMEDIES
You agree any violation, or threatened violation, by You of these TOU constitutes an unlawful and unfair business practice that will cause Us irreparable and unquantifiable harm. You also agree monetary damages would be inadequate for such harm and consent to Our obtaining any injunctive or equitable relief that We deem necessary or appropriate for such potential harm, irrespective of Our agreement to arbitrate. You agree Our remedies in this provision are in addition to any other remedies We may have under these TOU, or otherwise at law or in equity.
ASSIGNMENT
You may not assign any of Your rights under these TOU, and any such attempt will be null and void. AMC and its affiliates may, in their exclusive discretion, transfer, without further consent from or notification to You, all rights and obligations pursuant to these TOU if some or all of the business of AMC is transferred to another entity by way of merger, sale of its assets, or otherwise.
SURVIVAL
The following provisions survive the expiration or termination of these TOU for any reason whatsoever: Your Relationship with AMC, User Information, User Obligation, Ownership of Information Submitted through the Site, Ownership of Site, Content, Trademarks, and Trade Secrets; No License, Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law, Dispute Resolution, Arbitration, Venue, and Severability of Provisions; No Waiver; Remedies; and Assignment.
DIGITAL MILLENNIUM COPYRIGHT ACT
AMC reserves the right to remove any content or any other material or information available on or through Our Site, at any time, for any reason. AMC otherwise complies with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to Internet service providers (17 U.S.C. § 512, as amended), and responds to clear notices of alleged copyright infringement. This Section describes the procedure that should be followed to file a notification of alleged copyright infringement with AMC.
Notification of Claimed Copyright Infringement. If You have objections to copyrighted content or material made available on or through Our Site, You may submit a notification to Our “Designated Agent” at the following address: info@allmindstherapy.com
Any notification to AMC under 17 U.S.C. § 512(c) alleging copyright infringement must include the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right being infringed;
An identification of the copyrighted work or other intellectual property that You claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
An identification of the content or material that You claim is infringing and where it is located on Our Site;
Information sufficient for AMC to contact You, such as Your address, telephone number, and email address;
A statement by You that You have a good-faith belief that the use of the content or material of which You are complaining is not authorized by the copyright owner, its agent, or the law; and
A signed statement by You that the above information in Your notice is accurate and that, under penalty of perjury, You are the copyright owner or authorized to act on the copyright owner’s behalf.
HOW TO CONTACT US
Please contact us at our “Contact Us” page or at the below information to report any violations of these TOU, to ask any questions, or to provide comment regarding our services or the Site.
All Minds Counseling
1660 S Albion St Suite 515
Denver, CO 80222
(720) 465-2023
Last Updated: September 30, 2022