Terms of Service
DO NOT USE THIS SITE IF YOU ARE HAVING A MEDICAL EMERGENCY, IF YOU ARE HAVING THOUGHTS OF SUICIDE OR HURTING YOURSELF, IF YOU ARE HAVING THOUGHTS OF HOMICIDE OR HURTING SOMEONE ELSE, OR IF YOU FEEL THAT ANY OTHER PERSON MAY BE IN DANGER. YOU MUST IMMEDIATELY CALL 911. COUNSELING MADE EASY IS NOT DESIGNED FOR USE IN SUCH SITUATIONS AND OUR PROVIDERS HAVE LIMITED ABILITY TO RESPOND TO EMERGENCIES.
Please read these Terms of Service carefully before using Our Site.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms of Service:
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Account means a unique account created for You to access our Site or parts of our Site.
- Country refers to: Maryland, United States.
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Counseling Made Easy LLC, located in Maryland, United States.
- Content refers to content such as text, images, or other information that can be messaged, texted, posted, uploaded, linked to, or otherwise made available by You, regardless of the form of that content.
- Device means any device that can access the Site such as a computer, a cellphone, or a digital tablet.
- Services refer to online therapy services offered through the Site. Online therapy services offered through the Site are understood to include but are not limited to live video sessions, texting, messaging, and phone calls.
- Site refers to the Website.
- Terms of Service (also referred as “Terms”) mean these Terms of Service that form the entire agreement between You and the Company regarding the use of the Site. The phrase “Terms and Conditions” is understood to refer to the same.
- Third-party Site means any services or content (including data, information, products, or services) provided by a third-party that may be displayed, included, or made available by the Site.
- Website refers to counseling-made-easy, accessible from https://www.counseling-made-easy.com/
- You means the individual accessing or using the Site, or the company, or other legal entity on behalf of which such individual is accessing or using the Site, as applicable.
Acknowledgment
These are the Terms of Service governing the use of this Site and the agreement that operates between You and the Company. These Terms of Service set out the rights and obligations of all users regarding the use of the Site.
Your access to and use of the Site is conditioned on Your acceptance of and compliance with these Terms of Service. These Terms of Service apply to all visitors, users and others who access or use the Site.
By accessing or using the Site You agree to be bound by these Terms of Service. If You disagree with any part of these Terms of Service then You may not access the Site.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Site. You also represent that you are a resident of the state of Maryland. Currently the Company does not permit those who are not residents of the state of Maryland to use the Site.
Your access to and use of the Site is also conditioned on Your acceptance of and compliance with the Website Privacy Policy of the Company. Our Website Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Website Privacy Policy carefully before using Our Site. Note: Our Website Privacy Policy relates specifically to Our Website. For Our HIPAA Notice of Privacy Practices please visit this page.
HIPAA NOTICE OF PRIVACY PRACTICES
Scheduling and Paying for Services
By scheduling and paying for Services through the Site, You warrant that You are legally capable of entering into binding contracts.
Your Information
If You wish to schedule and pay for Services through the Site, You may be asked to supply certain information relevant to the scheduling and payment process including, but not limited to, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, and Your billing address.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with scheduling and paying for services; and that (ii) the information You supply to us is true, correct, and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of the scheduling and payment process.
Cancellation Policy
Any Services you purchase can only be cancelled or rescheduled in accordance with these Terms of Service and Our Cancellation Policy. Our Cancellation Policy forms a part of these Terms of Service. Please read our Cancellation Policy to learn more about your right to cancel or reschedule Your appointment.
If You wish to cancel or reschedule an appointment, We require that You give at least 24 hours’ notice, that is, we require that You cancel or reschedule Your appointment 24 or more hours prior to that appointment’s start time. If you cancel or reschedule an appointment less than 24 hours prior to the start time of that appointment, or if you no-show for that appointment, you will be charged a fee of $55.00.
We reserve the right to refuse or cancel Your appointment at any time for certain reasons including but not limited to:
- Services/provider availability
- Errors in the description or prices for Services
- Errors in the scheduling and payment process
We reserve the right to refuse or cancel Your appointment if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors, and Inaccuracies
We are constantly updating Our offerings of Services on the Site. The Services available on Our Site may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Services on the Site and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Prices Policy
The Company reserves the right to revise its prices at any time prior to Your paying for a Service.
Payments
All Services purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Discover, American Express, or debit cards.
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If We do not receive the required authorization, We will not be liable for any delay in the provision of Services or for failing to provide Services.
Refunds
Certain refund requests for unused Services or Services rendered may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
User Accounts
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Site.
You are responsible for safeguarding password/verification and any other security codes that You use to access the Site and for any activities or actions under Your password/verification or other security codes, whether Your password/verification or other security codes are with Our Site or a Third-Party Site.
You agree not to disclose Your password/verification or other security codes to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username/email the name/email of another person or entity or a name/email that is not lawfully available for use, a name/email or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name/email that is otherwise offensive, vulgar, or obscene.
Content
Messaging/Texting Your Therapist, Uploading Documents
Our Site allows You to message/text Your therapist and upload documents. You are responsible for the Content of Your messages/texts and uploaded documents, including their legality, reliability, and appropriateness.
Content Restrictions
You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.
You may not post, use, store, or transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
- Unlawful content or content that promotes unlawful activity.
- Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
- Spam, machine or randomly generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
- Content containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
- Content that infringes on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
- Content that impersonates any person or entity including the Company and its employees or representatives.
- Content that violates the privacy of any third person.
- Content including false information and features.
The Company reserves the right, but not the obligation, to, in its sole discretion (i) determine whether any Content is appropriate and complies with these Terms (ii) refuse this Content or (iii) remove this Content. The Company can also limit or revoke Your use of the Site if You transmit such objectionable Content.
Content Backups
Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Site.
Conduct
You must not stalk, exploit, threaten, abuse, or otherwise harass any of Our providers or employees. If We feel that Your behavior towards any of Our providers or employees is at any time threatening or offensive, We reserve the right to immediately terminate Your account and You will not be entitled to any refund from unused telehealth sessions.
Copyright Policy
Intellectual Property Infringement
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Site infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Site, You must submit Your notice in writing to the attention of our copyright agent via email at support@counseling-made-easy.com and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
- A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
- Identification of the URL or other specific location on the Site where the material that You claim is infringing is located.
- Your address, telephone number, and email address.
- A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our copyright agent via email at support@counseling-made-easy.com. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site.
Intellectual Property
The Site and its original content, features and functionality are and will remain the exclusive property of the Company and its licensors.
The Site is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Service.
Upon termination, Your right to use the Site will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Site.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Site or 100 USD if You haven’t purchased anything through the Site.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Site, third-party software and/or third-party hardware used with the Site, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Site is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Site, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Site will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Site, or the information, content, and materials or products included thereon; (ii) that the Site will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Site; or (iv) that the Site, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Site. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Site, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Federal Government End Use Provisions
If You are a U.S. federal government end user, our Site is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms of Service may have been translated if We have made them available to You on our Site. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms of Service
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Site after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Site.
Contact Us
If you have any questions about these Terms of Service, You can contact us:
- By email: support@counseling-made-easy.com
Last updated: December 10, 2022