Terms of Use & the Web Site Agreement For mindfulwaycounseling.org
mindfulwaycounseling.org (the “Site”) is an online informational, educational and promotional service provided by Mindful Way Counseling LLC and is subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. Mindful Way Counseling MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are the owner of mindfulwaycounseling.org , its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use, provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to the owner of mindfulwaycounseling.org a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to mindfulwaycounseling.org by all means and in any media now known or hereafter developed. You also grant to the owner of mindfulwaycounseling.org the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against the owner of mindfulwaycounseling.org for any alleged or actual infringement or misappropriation of any proprietary
right in your communications to mindfulwaycounseling.org . TRADEMARKS
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of mindfulwaycounseling.org . Other product and company names mentioned in the Site may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by mindfulwaycounseling.org , the owner of mindfulwaycounseling.org do not operate, control or endorse any information, products or services on the Internet in any way. Except for information, products or services identified as belonging to the owner of mindfulwaycounseling.org , all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with mindfulwaycounseling.org . You also understand that the owner of mindfulwaycounseling.org cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. THE OWNER OF mindfulwaycounseling.org PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND mindfulwaycounseling.org SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. THE OWNER OF mindfulwaycounseling.org DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. THE OWNER OF mindfulwaycounseling.org HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL THE OWNER OF mindfulwaycounseling.org BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SITE, OR DOWNLOADED FROM THE SITE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF THE OWNER OF mindfulwaycounseling.org OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, mindfulwaycounseling.org LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
The owner of mindfulwaycounseling.org makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non- mindfulwaycounseling.org web site, please understand that it is independent from mindfulwaycounseling.org , and that the owner of mindfulwaycounseling.org has no control over the content on that web site. In addition, a link to a website does not mean that the owner of mindfulwaycounseling.org necessarily endorses or accepts any responsibility for the content, or the use, of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless the owner of mindfulwaycounseling.org , its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorney fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Site and/or Services.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of mindfulwaycounseling.org and its owners officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
5. Termination.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
6. Miscellaneous.
This Agreement shall all be governed and construed in accordance with the laws of the USA applicable to agreements made and to be performed in the USA. You agree that any legal action or proceeding between the owner of mindfulwaycounseling.org and you for any purpose concerning this Agreement or the party’s obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the USA and the state of Georgia. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. The Site owner’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. The owner of mindfulwaycounseling.org may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved. mindfulwaycounseling.org NOTICE:
THE INFORMATION ON THIS SITE DOESN’T CONSTITUTE A COUNSELOR-CLIENT RELATIONSHIP. THIS SITE IS FOR EDUCATIONAL, INFORMATION AND PROMOTIONAL PURPOSES ONLY AND NOT INTENDED TO SUBSTITUTE FOR COUNSELING WHEN NEEDED. IF YOU ARE HAVING A CRISIS PLEASE CALL 911.
THESE TERMS OF USE ARE SUBJECT TO CHANGE WITHOUT NOTICE. PLEASE VISIT THIS PAGE ON A REGULAR BASIS TO ENSURE THAT YOU ARE IN COMPLIANCE WITH OUR TERMS OF USE.
THIS WEB SITE IS NOT DESIGNED TO, AND DOES NOT, PROVIDE MEDICAL ADVICE. ALL CONTENT (“CONTENT”), INCLUDING TEXT, GRAPHICS, IMAGES AND INFORMATION AVAILABLE ON OR THROUGH THIS WEB SITE ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY.
This website and the content contained herein are for educational, promotional and informational purposes only. The content contained within this website is not intended to be medical or mental health advice, guidance or care. Emergency services are not available via this website. If you are having a crisis or emergency please call 911 or go to your local emergency care facility.
THE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE, OR DELAY IN SEEKING IT, BECAUSE OF SOMETHING YOU HAVE READ ON THIS WEB SITE. NEVER RELY ON INFORMATION ON THIS WEB SITE IN PLACE OF SEEKING PROFESSIONAL MEDICAL ADVICE.
THE OWNER OF THIS WEBSITE IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU OBTAIN THROUGH THIS SITE. YOU ARE ENCOURAGED TO CONFER WITH YOUR DOCTOR WITH REGARD TO INFORMATION CONTAINED ON OR THROUGH THIS WEB SITE. AFTER READING ARTICLES OR OTHER CONTENT FROM THIS WEB SITE, YOU ARE ENCOURAGED TO REVIEW THE INFORMATION CAREFULLY WITH YOUR PROFESSIONAL HEALTHCARE PROVIDER.
We take copyright violation very seriously and will vigorously protect the rights of legal copyright owners.
If you are the copyright owner of content which appears on our website and you did not authorize the use of the content you must notify us in writing in order for us to identify the allegedly infringing content and take action.
We will be unable to take any action if you do not provide us with the required information, so if you believe that your material for which you own the copyright has been infringed upon or violated, please provide our Copyright Agent, in writing, with the following information:
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 copyrighted 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, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
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.
Written notice should be sent to our designated agent as follows: admin@mindfulwaycounseling.org
The owner of this website does not authorize the harvesting, mining or collection of e-mail addresses or other information from or through the website or its services.
The owner of this website does not permit or authorize others to use his services to collect, compile or obtain any information about its customers or subscribers, including but not limited to subscriber e-mail addresses. The owner of this website does not permit or authorize any attempt to use its services in a manner that could damage, disable, overburden or impair any aspect of any of the services, or that could interfere with any other party’s use and enjoyment of any the owner service.
If the owner of this website believes that unauthorized or improper use is being made of any service, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including blocking messages from a particular internet domain, mail server or IP address. The owner of this website may immediately terminate any account on any service which it determines, in its sole discretion, is transmitting or is otherwise connected with any e-mail that violates this policy.
Nothing in this policy is intended to grant any right to transmit or send e-mail to, or through, this website and/or services. Failure to enforce this policy in every instance does not amount to a waiver of rights of the owner of this website.
Unauthorized use of this website services in connection with the transmission of unsolicited e-mail, including the transmission of e-mail in violation of this policy, may result in civil, criminal, or administrative penalties against the sender and those assisting the sender.
Violators of the CAN SPAM Act may be subject to “cease and desist” orders or penalties from the FTC (Federal Trade Commission) of up to $11,000 per violation. Criminal prosecution is also possible in the case of egregious offenders, which can result in penalties such as fines, forfeiture of proceeds and equipment. The worst offenders can also be subject to prison time.
Welcome to mindfulwaycounseling.org (the “Site”).
We understand that privacy online is important to users of our Site, especially when conducting business. This statement governs our privacy policies with respect to those users and visitors of the Site who visit with or without transacting business and/or registering on the Site and make use of the various services offered by mindfulwaycounseling.org (collectively, “Services” and “Authorized Customers”). This Privacy Policy does NOT refer to privacy in regard to counseling services. There is a separate Privacy Policy for establishing a counselor/client relationship which applies to clients who come to the office for counseling services.
1. Personally Identifiable Information
“Personally Identifiable Information” refers to any information that identifies or can be used to identify, contact, or locate the person to whom such information pertains, including, but not limited to, name, address, phone number, fax number, email address, financial profiles, social security number, and credit card information. Personally Identifiable Information does not include information that is collected anonymously (that is, without identification of the individual user).
2. What Personally Identifiable Information is collected?
We may collect basic user profile information from all of our Visitors. We collect the following additional information from our Authorized Customers: the names, addresses, phone numbers and email addresses of Authorized Customers, the nature and size of the business, and the nature and size of the advertising inventory that the Authorized Customer intends to purchase or sell.
3. What organizations are collecting the information?
In addition to our direct collection of information, our third party service vendors (such as credit card companies, clearinghouses and banks) who may provide such services as credit, insurance, and escrow
services may collect this information from our Visitors and Authorized Customers. We do not control how these third parties use such information, but we do ask them to disclose how they use personal information provided to them from Visitors and Authorized Customers. Some of these third parties may be intermediaries that act solely as links in the distribution chain, and do not store, retain, or use the information given to them.
4. How does the Site use Personally Identifiable Information?
We use Personally Identifiable Information to customize the Site, to make appropriate service offerings and to fulfill buying and selling requests on the Site. We may email Visitors and Authorized Customers about research or purchase and selling opportunities on the Site or information related to the subject matter of the Site. We may also use Personally Identifiable Information to contact Visitors and Authorized Customers in response to specific inquiries, or to provide requested information.
5. With whom may the information may be shared?
Personally Identifiable Information about Authorized Customers may be shared with other Authorized Customers who wish to evaluate potential transactions with other Authorized Customers. We may share aggregated information about our Visitors, including the demographics of our Visitors and Authorized Customers, with our affiliated agencies and third party vendors. We also offer the opportunity to “opt out” of receiving information or being contacted by us or by any agency acting on our behalf.
6. Confidentiality
We make every reasonable attempt at securing communication through encryption technologies. Due to the ever changing landscape of internet security, however, it is impossible for us to guarantee confidentiality. Please use caution when submitting data and Personally Identifiable Information to us. 7. How is Personally Identifiable Information stored?
Personally Identifiable Information collected by mindfulwaycounseling.org is securely stored and is not accessible to third parties or employees of mindfulwaycounseling.org except for use as indicated above.
8. What choices are available to Visitors regarding collection, use and distribution of the information?
Visitors and Authorized Customers may choose to not submit information via mindfulwaycounseling.org. In addition, Visitors and Authorized Customers may opt out of receiving unsolicited information from or being contacted by us and/or our vendors and affiliated agencies by responding to emails as instructed, or by Clicking Here to contact us.
9. Are Cookies Used on the Site?
Cookies are used for a variety of reasons. We use Cookies to obtain information about the preferences of our Visitors and the services they select. We also use Cookies for security purposes to protect our Authorized Customers. For example, if an Authorized Customer is logged on and the site is unused for more than 10 minutes, we will automatically log the Authorized Customer off.
10. How does mindfulwaycounseling.org use login information?
The Site uses login information, including, but not limited to, IP addresses, ISPs, and browser types, to analyze trends, administer the Site, track a user’s movement and use, and gather broad demographic information.
11. What partners or service providers have access to Personally Identifiable Information from Visitors and/or Authorized Customers on the Site?
mindfulwaycounseling.org has entered into and will continue to enter into partnerships and other affiliations with a number of vendors. Such vendors may have access to certain Personally Identifiable Information on a need to know basis for evaluating Authorized Customers for service eligibility. Our privacy policy does not cover their collection or use of this information.
12. Disclosure of Personally Identifiable Information to comply with law.
We will disclose Personally Identifiable Information in order to comply with a court order or subpoena or a request from a law enforcement agency to release information. We will also disclose Personally Identifiable Information when reasonably necessary to protect the safety of our Visitors and Authorized Customers and business interests.
13. How does the Site keep Personally Identifiable Information secure?
All of our employees are familiar with our security policy and practices. The Personally Identifiable Information of our Visitors and Authorized Customers is only accessible to a limited number of qualified employees who are given a password in order to gain access to the information. We audit our security systems and processes on a regular basis. Sensitive information, such as credit card numbers or social security numbers, is protected by encryption protocols, in place to protect information sent over the Internet. While we take commercially reasonable measures to maintain a secure site, electronic communications and databases are subject to errors, tampering and break-ins, and we cannot guarantee or warrant that such events will not take place and we will not be liable to Visitors or Authorized Customers for any such occurrences.
14. How can Visitors correct any inaccuracies in Personally Identifiable Information?
Visitors and Authorized Customers may contact us to update Personally Identifiable Information about
them or to correct any inaccuracies by Clicking Here.
15. Can a Visitor delete or deactivate Personally Identifiable Information collected by the Site?
We provide Visitors and Authorized Customers with a mechanism to delete/deactivate Personally Identifiable Information from the Site’s database by Clicking Here to contact us. However, because of backups and records of deletions, it may be impossible to delete a Visitor’s entry without retaining some residual information. An individual who requests to have Personally Identifiable Information deactivated will have this information functionally deleted, and we will not sell, transfer, or use Personally Identifiable Information relating to that individual in any way moving forward.
16. What happens if the Privacy Policy Changes?
We will let our Visitors and Authorized Customers know about changes to our privacy policy by posting such changes on the Site. However, if we are changing our privacy policy in a manner that might cause disclosure of Personally Identifiable Information that a Visitor or Authorized Customer has previously requested not be disclosed, we will contact such Visitor or Authorized Customer to allow such Visitor or Authorized Customer to prevent such disclosure.
17. Links:
This web site contains links to other web sites. Please note that when you click on one of these links, you are moving to another web site. We encourage you to read the privacy statements of these linked sites as their privacy policies may differ from ours.