Privacy Policy and Terms of Use
Privacy Policy
October 2020 v.1
This document outlines Dale K. Rose, LMFT, Inc.’s (DKRLI) Privacy Policy and Your (You/r) rights and privileges herein when engaging with DKRLI and dalerose.com (Site) for information about psychotherapy. This notice is for informational purposes only and not to be construed as complete, or as legal advice; You are strongly urged to consult Your own counsel regarding Your legal decisions. Neither DKRLI nor the Site is responsible for errors or omissions. The Site is not intended to be a substitute for professional clinical advice, diagnosis, or treatment. Always seek the advice of a qualified health provider with any questions You may have regarding any health condition.
For State of California policies, where applicable, please click here: https://oag.ca.gov/privacy/privacy-laws.
For more information regarding HIPAA see: https://www.hhs.gov/hipaa/index.html
For DKRLI Terms of Use, see below.
Use of the Site in any way: reading/copying/bookmarking/linking pages; downloading resources; submission of Information or PHI; contact via phone; or any other paid or unpaid engagement by a consenting adult over 18 years of age immediately binds this policy as well as Terms of Use and acts as Your digital signature. This Site is not intended for minors under 18 years of age.
More questions about privacy? Contact the Site here.
1. Confidentiality. You may actively or passively provide the Site information including but not limited to: Your personal and/or professional identifying data; IP addresses; social media accounts; past, present, or future intellectual property including artworks, their representations, written texts, and ideas; email messages, addresses, and content; financial data; and/or any other information of any kind (Information/CI) in any format now known or derived in the future. DKRLI agrees to protect the confidentiality of Your Information to the fullest extent, except where required and/or subpoenaed by law. You acknowledge and authorize DKRLI may develop and produce in good faith its own information, ideas and products based directly or indirectly on Information you provide that is not explicitly covered by a signed NDA, and hereby release and indemnify DKRLI, its assigns, Successors, and heirs from any liability (such as financial compensation or in kind consideration including, but not limited to, damages for loss/corruption of data or profit, business interruption, or misuse by third parties), royalties, or any other claims arising therefrom. DKRLI and/or the Site may refer you to other sites via articles, email, or other methods; You are responsible to read and accept those Third-Party sites’ privacy policies Yourself. Any Information You make public via comments or publish anywhere anytime online regarding DKRLI, the Site, its services, and content is not covered by this confidentiality and is considered Public/in the Public Domain.
2. Data Collected. You acknowledge and authorize DKRLI and/or the Site to collect and store in good faith for only as long as legally necessary in any form now known or derived in the future the following Information for DKRLI, the Site, and Third-Party sites, including but not limited to: Your and Your children’s, parents’, guardians', and family’s name(s); passwords; chat logs/histories; voicemail transcriptions; email/chat messages, addresses, and content; business/personal contact/financial information including credit card and bank account numbers, passwords, and PINs; digital footprint/IP address/cookies; authorizations; browser/device/OS information; SEO tracking; analytics, Personal Health Information (PHI), and more. You agree to provide immediately upon request the name(s) and contact(s) of any Third Parties with whom You have shared your DKRLI password(s) to access Your account. This list is representative and not comprehensive. Your data privacy is governed by the laws of the State of California, USA. You have the right to request Your Information from DKRLI via written, postmarked correspondence; DKRLI will endeavor to reply within 30-90 business days.
3. Data Use. You acknowledge and authorize DKRLI may use Your Information directly and with subcontractors as well as legitimate Third Parties both domestic and international to provide You with services including but not limited to: in-person clinical therapy; telehealth therapy; content from the Site; direct marketing including email/newsletter subscriptions; analytics and meta data; downloads; and more. You acknowledge and authorize DKRLI and/or the Site may, via cookies as well as from time to time at its sole discretion, share Your anonymized data to Third Parties to provide and improve services. Furthermore, DKRLI and/or the Site may use aggregated anonymized Information to produce articles, graphs, and reports for the Site, its blog or other sites, interviews, and publications. You affirm you have read and comply with the Third Parties’ policies You provide DKRLI access. DKRLI reserves the right to delete and/or destroy Your Information for any reason at any time, cancellation, upon termination of any contract, or written request.
DKRLI and/or the Site will not sell, share, or trade any of Your PHI for commercial purposes. DKRLI cooperates with government and law enforcement officials as well as authorized Third Parties to enforce and comply with the law. DKRLI and/or the Site reserve the right to disclose any PHI about You to government, law enforcement officials, and/or Third Parties as necessary or appropriate to respond to claims and legal proceedings, including subpoenas, to protect DKRLI property and rights or the property and rights of a Third Party, to protect the safety of the general public or any public person, or to prevent or stop activity presumed or alleged to be illegal or unethical. DKRLI reserves the right to disclose Your PHI to other medical and therapy providers involved in Your medical care and payment including but not limited to: Your insurance providers; authorized friends, family, and caregivers; Regional Health Information Organizations (RHIO); Health Information Exchanges (HIE); additional therapists You designate; workmen’s compensation; substance abuse and treatment as well as in- and out-patient addiction programs; and emergency medical services, including 911.
Furthermore, DKRLI and/or the Site may use or disclose Your PHI without Your authorization for legal reasons including but not limited to: audits or inspections; self-harm; funeral arrangements; coroner’s investigations; organ donation; physical, mental, public health, and political emergencies including but not limited to medication recalls, vaccinations, and pandemics; federal, state, and local law enforcement; child abuse; elder abuse; neglect; missing persons; domestic violence; alleged crimes against person and/or property; and correctional, military and/or national security purposes.
DKRLI and/or the Site may contact You to provide appointment reminders, information, treatment alternatives, or other health-related benefits and services that may be of interest to You. You acknowledge it is Your sole responsibility to manage notifications, voicemails, email, and Your other personal communication preferences on Your end to maintain Your privacy, and agree to indemnify and hold harmless DKRLI and/or the Site against any and all claims arising from Your failure to do so.
4. Cookies. DKRLI automatically collects cookies for itself and for analytics. There may be other Third-Party cookies connected to Your use of DKRLI and/or the Site and their services. You may opt out of these at any time by changing Your settings on Your browsers and devices. Laws regarding cookies vary by state and country; You acknowledge and agree You are responsible to become informed about the laws regarding cookies in Your location.
5. Breach. Should You knowingly or unknowingly upload, post, email, transmit, or otherwise infect any malware, hacks, code to interrupt, destroy, limit, swamp, hijack, ransom, or seize DKRLI or the Site, You have initiated a Breach and Your data is no longer subject to this policy. DKRLI reserves the unlimited right to prosecute to the fullest extent of the law without expiration. DKRLI may choose to keep or destroy Your Information and PHI after a Breach and use it for any purpose whatsoever.
6. Security. DKRLI strives to protect Your Information to the best of its ability using the highest available encryption via Squarespace and other Third-Party providers, however, no service is 100% secure. Please note most email services including mobile apps are not encrypted. Also, the Site is not HIPAA compliant and DKRLI assumes no responsibility for any misuse, loss or damage of Information or PHI You choose to send via any means including secured/encrypted or non-secured/non-encrypted channels. You assume all risk for the security of Your Information you send to/via DKRLI and/or the Site.
7. Changes. DKRLI and/or the Site, at their sole discretion, reserve the right to change this policy and post it exclusively on this page at any time without notice. It is Your responsibility to maintain awareness of our policies since it is Your choice to use the Site.
8. Successors. DKRLI may, in good faith, sell, merge, or transfer the Site, itself, its assets, intellectual property, data, and content, in whole or in part, to/with any other person, business, creditor, heir, or assign at any time for any reason including but not limited to sale, bankruptcy, Act of God, political interference, medical emergency, and force majeure, and it retains the right to provide Your Information and PHI to any Successor(s). You agree Successor(s) will continue to retain the right to use Your Information and PHI solely according to the terms of this policy unless you provide written correspondence to opt out.
9. Minors. DKRLI and/or the Site are committed to protecting the online privacy of children. In accordance with the Children’s Online Privacy Protection Act (COPPA), DKRLI/Site will not knowingly collect any personally identifiable information from unemancipated children under the age of eighteen (18) without first obtaining parental consent. Prior to providing any Information, children under the age of eighteen (18) must have a parent or legal guardian complete and return (by email or regular mail) a Parental Consent Form to DKRLI, that may be obtained by clicking here. Consent may be revoked at any time via written request.
10. Review. You have the right to submit a written request to inspect, amend, and/or receive a copy of Your PHI at any time. DKRLI may only have partial PHI records for any request, and DKRLI and/or the Site will endeavor to give you all legal records within 30 days; from time to time, however, Third Parties may have control over your other data of Your PHI. DKRLI and/or the Site neither assumes any responsibility for nor represents to store Your complete PHI records regarding Your therapy; it is Your responsibility to collect and store Your complete PHI. Furthermore, on a case-by-case basis, Your successful PHI request may only include medical and billing records, not therapy notes. Processing PHI requests is subject to DKRLI rates up to but no more than the full standard therapy fee, not including costs of printing and postage. DKRLI and/or the Site reserves the right to deny your request to inspect, amend and/or review your PHI for any or no reason at any time; You have the right to request an appeal with fees for independent review to be determined at that time.
Terms of Use
November 2020 v.1
The following terms of use (Terms) apply to all, including but not limited to, Information, Content, Rates, forms, Services, Submissions, and efforts in good faith of any kind (Services) provided, rendered, or supplied in any way digitally or physically by dalerose.com or Dale K. Rose, LMFT, Inc. CSAT (Site/DKRLI) to You, Your caregivers, health providers, assigns, and any other authorized friends, family, or designees (You/r) regarding information about pyschotherapy, the Site, and/or Your psychotherapy. This document is to clarify and explain these Terms to You and should not be construed as complete, legal, or medical advice in any way, nor is it to substitute for professional clinical advice, diagnosis, or treatment; DKRLI strongly urges You to consult Your own counsel before entering into any legal or medical arrangement. Your use does not constitute a client/therapist relationship which may or may not be established at DKRLI’s sole discretion after an initial consult and signed consent form (Form); and while Dale Rose is a California Licensed Marriage and Family Therapist, Certified Sex Addiction Therapist, Certified Multiple Addictions Therapist, Certified EMDR Clinician, and Certified Telehealth Provider, nothing from the Site, its blog, social media accounts, Services, or communications shall be interpreted as entering you into or substituting for a therapeutic, business, counseling, spiritual advising, legal advising, medical, coaching or supervision relationship with DKRLI. The Site neither provides diagnoses for conditions perceived, experienced, implied or imagined by You, nor is it a replacement for proper psychotherapy or professional medical advice by any licensed health care practitioner including doctors, nurses, and emergency medical technicians. Neither DKRLI nor the Site is responsible for errors or omissions; errors, omissions, and misspellings are in no way intentional and not to be construed as invalidating. DKRLI reserves the right to amend and updated these Terms as well as the Privacy Policy posted separately but included by extension hereunder at any time for any reason without notice, and You acknowledge and agree them with Your continued use of the Site; modifications and additions are effective immediately with Your continued use of the Site serves as proof of Your acceptance thereof. If You do not agree to these Terms and/or Privacy Policy, then You must not use the Site. Plural, singular, possessive and other forms of each article in parenthesis are used as necessary based on the original term and are capitalized and/or bold for Your clarification only.
Use of the Site in any way: reading/copying/bookmarking/linking pages; downloading resources; submission of Information or PHI; contact via phone; or any other paid or unpaid engagement by a consenting adult over 18 years of age immediately binds the Privacy Policy as well as Terms and acts as Your digital signature. This Site is not intended for minors under 18 years of age. You acknowledge that you take full responsibility for You and Your minor children’s health, life, and well-being.
Questions? Contact dalerose.com here.
1. Agreement. By Your use of the Site and/or receipt of any paid or free Services, you virtually and immediately accept and agree to these Terms and all the conditions hereunder. If You do not wish to agree or choose at a later date to disagree, You must cease any further use and may submit written, dated correspondence to DKRLI to confirm your cancellation of these Terms. These Terms constitute the entire agreement regarding the Site and are incorporated into all prior and contemporaneous understandings, agreements, inducements, or conditions, express or implied statutory or otherwise, written or oral regarding the Site. You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding Your use of the Site. These Terms and/or Your use of the Site in no way, express or implied, create any agent, partnership, joint venture, affiliation, business development, venture capital, investment service, financial advisor, legal representative, employment or franchise relationship, or any other such designation beyond those included in these Terms between You and DKRLI.
2. Payments. DKRLI provides psychotherapy Services (Services), including but not limited to, telehealth, in-person sessions, group sessions, etc. Rates for these Services (Rates) may or may not be published online on this Site or Third Party sites for informational purposes only, and are only confirmed once submitted to You on an official Form via email, print, or fax for Your signature and then returned to and received by DKRLI. DKRLI reserves the right to change Rates, at its sole discretion, without warning at any time. Services and Rates published on the Site or Third Party sites do not constitute a legally binding offer or transaction. DKRLI accepts payment in multiple ways: via Third Parties, such as Zelle, Venmo, and online banking; on the Site only by valid credit or debit card issued by a major issuer; and via traditional bank draft checks. If Your payments are declined for any reason at any time, You agree to pay all costs of collection, attorney's fees, outstanding balance, and any reasonable penalties of any amount imposed by DKRLI at its sole discretion. Unless otherwise stated, Payment is due prior to each session.
3. Refunds. DKRLI does not offer Rate refunds, partial, full or otherwise, on any Services.
4. Submissions. You are legally responsible for all information (Information) including but not limited to: Your personal and/or professional identifying data including but not limited to name, home, work, and billing and shipping address(es); financial/payment information including credit card numbers, PINs, etc.; IP addresses; social media accounts; past, present, or future products and services; intellectual property including artworks in any medium including visual, motion picture, and sound media, their representations and reproductions, written texts, scripts, manuscripts, and ideas; email messages, addresses, and contents; financial data; marketing strategies; and/or any other information or media of any kind in any format now known or developed in the future You upload, post or store in connection with your use of public areas of and in communication with the Site (Submissions).
These Submissions may be independent of but also contain your PHI, which is covered separately as described in the Privacy Policy above. It is Your responsibility to treat all your Information with care.
DKRLI takes no responsibility for copyright or ownership of Your and/or any others’ Submissions and you immediately and permanently indemnify and release DKRLI from any liability, claims, or damages arising from the use, download, experience, interaction with, and/or other engagement of Your and/or any others’ Submissions therefrom. Furthermore, You hereby represent, warrant, and grant a worldwide, royalty-free, non-exclusive license to DKRLI and the Site to host and use Your Submissions. DKRLI is not responsible for the loss or damage of or due to Your or others’ Submissions; You are responsible for the safety, legality, backup, and care of Your Submissions and are encouraged to archive and copyright Your Submissions in accordance with best practices. DKRLI may, from time to time, at its sole discretion, offer You the opportunity to provide Submissions, opinions, Information, etc., in public areas of the Site (Comments). DKRLI does not screen, edit, publish or review Comments prior to their appearance and You acknowledge and agree Your and others’ Comments neither reflect the views nor opinions of DKRLI, its assigns, heirs or Successors, and DKRLI shall not be responsible or liable for Comments leading to any liability, damages - direct, indirect, special, consequential or otherwise - or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of Your or anybody else’s Submissions or Comments on the Site. DKRLI reserves the right to monitor and remove any and all Comments or to erase commenting generally at its sole discretion at any time for any or no reason whatsoever. You agree Your Comments will not: infringe on any intellectual property, including but not limited to copyright, patent, or trademark of any Third Party; contain any slander, racism, libel, tort, harassment, hate speech, misogyny, homo/transphobia, antisemitism, illegal data, viruses, swatting, pornography, obscenity, objectionable content, or material invasion of privacy or personally identifying Information including but not limited to social security numbers, log-in IDs, credit card info, passwords, financial data or the like; be used to promote Your or any Third Party business, solicit, or to engage in any other unlawful activity. You hereby grant DKRLI a permanent, non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of Your public Comments in any and all forms, formats or media now known or developed in the future. Your Submissions, where applicable and whether or not they contain Personal Health Information (PHI), are covered by the DKRLI Privacy Policy which is bundled herein these Terms.
5. Marketing. You may choose to opt in to or opt out of email, sms, and other marketing at any time. If you are receiving marketing, you will occasionally receive updates regarding the Site, Rates, and Services, etc. DKRLI marketing is managed in part by Third Party email list management provider(s) and other processing and analytics software; opting in or out of marketing preferences may not necessarily remove You from all emails or Third Party terms, conditions, and privacy policies. Should you have any issues or problems unsubscribing, please contact the Site here.
6. Third Parties. DKRLI may request You provide access to or require You to provide Your login Information or credentials to Third Party providers (Third Parties) for which You explicitly agree in advance that You have read and agreed to all Third-Party terms, conditions and privacy policies governing such access as well as possess the ability to transfer or assign all the necessary contractual and legal rights to grant DKRLI such access. Furthermore, You agree to immediately and preemptively indemnify and hold harmless in perpetuity DKRLI, the Site, its assigns, heirs, and Successors against any liability, damages, penalties, or consequences - direct, indirect, special, consquential or otherwise - including without limitation any loss of profits, revenue, data, goodwill or other intangible losses you may experience as a result directly or indirectly of Your use of Third Parties in relation to the Site, Services, Information or Submissions. Third Parties often make changes and updates to their policies and services without notice and as such are outside of the Site’s control; DKRLI makes no representation any Information, Submission, or Services will be 100% protected by or compatible with Third Parties now or in the future. Once you leave this Site or are redirected to a Third Party you may not be any longer governed by these Terms or Privacy Policy. The Site may or may not provide links to Third Party materials and websites as a convenience to you; DKRLI neither endorses nor represents Third Parties, and DKRLI expressly disclaims any representations regarding the content or accuracy of any materials, functionality, or serviceability of or by them. You further acknowledge and agree: it is Your sole responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through Third Parties; You will be responsible for all payments, fees, and other obligations associated with your use of any and all Third Parties in conjunction with your engagement of the Site; You will not use any Third Parties in a manner that would infringe or violate the rights of DKRLI as understood by and stated elsewhere in these Terms; and finally that DKRLI is not liable for Your improper, illegal, or malicious use either through intent or ignorance of Third Parties.
7. Removal. DKRLI may or may not at its sole discretion monitor Your Information, Submissions, and/or Services before, during, or after Your use of the Site or therapy Services. DKRLI reserves the right to disclose or remove any public, private or confidential Information not covered by a signed NDA to anyone at any time including appropriate legal authorities under subpoena. DKRLI reserves the right to remove or refuse to publish Submissions or to remove Submissions, in whole or in part, at any time for any reason but especially when alleged to be unacceptable, undesirable, inappropriate, illegal, offensive, and/or in violation of these Terms.
8. Limitations. You agree to not use DKRLI and agree to indemnify and hold harmless preemptively and in perpetuity DKRLI its assigns, heirs, and Successors from any penalties, damages, and claims, including but not limited to direct, indirect, special, incidental, equitable or consequential loss or damages, to You or any Third Party: for any unlawful purposes or to conduct any unlawful activity; to impersonate any other person, company, legal entity, or Third Party; to send unsolicited messages (Spam); to promote any Content, Information, Submissions and/or Work from the Site as Your own; to upload, initiate, post, email, transfer, or otherwise make available any Submissions of viruses, worms, Trojan horses, bugs, hacks, or any other computer code, files, or programs that interrupt, destroy, damage, Breach, or limit the functionality of DKRLI or the Site; to share Your Account password, provide access Your account, or Breach the security of Your or any Account as per the DKRLI Privacy Policy; to publish Submissions, Information, or Comments that are pornographic, illegal, obscene, hate speech, slanderous, libelous, copyrighted by others, breaches privacy, or otherwise questionable; for any failure by DKRLI to provide Services or operate the Site in a timely manner. The internet and the Site are not error-free, virus-free, bug-free, free of harmful elements, and/or available at all times. DKRLI cannot guarantee constant and continuous availability and/or safety of this Site or those of Third Parties. DKRLI is not responsible for or liable for damages as a result of any technical malfunction or other problem You experience to any communication network or service, system, server, or provider, hardware, software, or mobile communications equipment, or for any failure of email on account of technical problems or traffic congestion on the Internet or the Site, or for any combination thereof – including injury or damage to Your or anyone else – related to or resulting from the use or engagement of the Site, Submissions, Services, Content, and Information.
9. Default. Accounts unpaid thirty (30) days after the date of invoice will be considered in default (Default). Any Information, Content, Accounts, Submissions, or Services may be removed, terminated, or suspended at the sole discretion of DKRLI upon Default and may be permanently destroyed. Payments declined by Your financial institutions will be charged additional Fees of no less than $50 or 10% of the Services, whichever is smaller, up to 25% or $5000, whichever is larger. You automatically agree to this Default Fee upon use of the Site, and it is non-negotiable.
10. Termination. DKRLI may terminate operations, the Site, or Services without cause, at any time. Services may be terminated by You by following the cancellation procedures set forth herein and via Forms. You will be invoiced for outstanding payments based on agreed Rates completed upon the date of first notice of cancellation, for payment in full within thirty (30) days. DKRLI reserves the right to terminate Your Services at any time, without penalty or refund, and without notice, if You fail to comply with or Breach these Terms. Notice of termination of Services will be sent via e-mail; DKRLI reserves the right to delete all Content, Submissions, Information, and/or Services related to You and Your Account immediately upon termination without penalty or refund.
11. Copyright. The Site is © 2020, DKRLI, All Rights Reserved. All Site content, trademarks, intellectual property (IP), copy, logos, titles, subtitles, copy, original images, templates, design elements, layout, structure, UI design, etc. (Content) are property of DKRLI and/or its licensors and are protected by copyright, trademark or other IP laws where applicable; you agree to pay minimum $10,000/infraction or infringement for stealing or other misuse of any piece of IP with no maximum. When You buy, download, transfer, or receive Services and/or Content from DKRLI and/or the Site including therapy You receive a license for single-copy use unless otherwise specified. You agree You are prohibited from making copies, modifications, explorations, derivations, republications, uploads, shares, transmissions, leases, sales, rentals, repackaging, etc. of any Services, Content, Information, or Submissions for use anywhere else except at the location You specified during purchase, download, or in Your intake Forms. Due to the freely moving nature of blogging, telehealth, and the internet, You agree in good faith not to alter, copy, distribute, repackage, or rebrand any DKRLI or Site Services, Information, Submissions, and/or Content in full or in part as Your own or any Third Party, nor create any competitive or derivative work, guides, marketing or business materials, resources, IP, websites, blogs, competitive services, or any other media that suggest DKRLI or Site affiliation, authorization, alliance, license, association, training, or employment in any way, express or implied. Should DKRLI discover You have illegally claimed DKRLI Services, Information, Submissions, and/or Content as Your own, DKRLI reserves the right to prosecute to the fullest extent of the law worldwide without restriction in perpetuity and impose and collect penalties. Any Comments, Submissions or other Information You provide in any public part of the Site becomes property of DKRLI and you immediately and permanently grant DKRLI a perpetual, exclusive, royalty-free license and all applicable rights to use, alter, edit, modify, make derivative works or otherwise produce new Services, Information, and/or Content from them without consideration or compensation. If You believe any Services, Content or other IP on the Site is protected under Your original copyright, You are welcome to submit a written request to DKRLI for a reply within 90 business days sufficient for review. Any and all DKRLI Content, Services, Information, Submissions, and/or Site is protected under all applicable United States and foreign copyrights; the copying, redistribution, use, or publication by You of any such Content, Services, Information, Submissions, and/or Site materials is strictly prohibited. Your use thereof does not grant you any ownership, licensor, or other rights under any circumstances.
12. DISCLAIMER. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” AND “INFORMATIONAL” BASIS WITHOUT WARRANTIES OR GUARANTEES OF ANY KIND AND IS NOT INTENDED AS PROFESSIONAL MEDICAL ADVICE OR CARE. DKRLI SPECIFICALLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, EXPRESS OR IMPLIED STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, LIABILITY OR WARRANTIES OF COPYRIGHT, TRADEMARK, PATENT, MERCHANTABILITY, COMPLETENESS, USABILITY, TIMELINESS, LEGALITY, USEFULNESS, ADEQUACY, SUITABILITY, ACCURACY, PERFORMANCE, SAFETY, NON-INFRINGEMENT OF ANY INFORMATION, SERVICES, SUBMISSIONS, ACCOUNTS, RATES, AND/OR CONTENT ON THE SITE. WHILE DKRLI HAS TAKEN ALL REASONABLE EFFORTS TO ENSURE IT ACCURATELY REPRESENTS THE SITE, SERVICES, INFORMATION, SUBMISSIONS, RATES, ACCOUNTS, AND CONTENT TO INFORM YOU ABOUT PSYCHOTHERAPY SERVICES, IT CANNOT, HOWEVER, GUARANTEE, EXPRESS OR IMPLIED, YOU WILL ACHIEVE ANY DESIRED OR IMPLIED RESULTS, EARN ANY MONEY, PERSONAL GROWTH, REDUCTION IN DISEASE, RECOVERY, CURE, MEDICAL REMISSION, PROFITS, FAME, RECOGNITION, PRESS, INVESTMENT, ATTENTION, SALES, OR GAIN ANY OTHER ADVANTAGE USING ANY OF THE INFORMATION, SERVICES, CONTENT, SUBMISSIONS, AND/OR SITE; NOTHING FROM OR ON THE SERVICES, CONTENT, INFORMATION, SUBMISSIONS, AND/OR SITE IS A PROMISE OR GUARANTEE TO YOU OF FUTURE EARNINGS OR MEDICAL RECOVERY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE SITE, WILL USE CAUTION, DISCRETION AND COMMON SENSE WHEN USING, BROWSING, ACCESSING, AND/OR DOWNLOADING THE SITE, AND WILL SEEK LEGAL, MEDICAL, AND ALL APPROPRIATE PROFESSIONAL COUNSEL AHEAD OF YOUR USE OF DKRLI, THE SITE, AND ITS SUBMISSIONS, SERVICES, INFORMATION, AND/OR CONTENT. FURTHERMORE, YOU ACKNOWLEDGE AND AGREE YOU ARE SOLELY RESPONSIBLE FOR YOU AND YOUR FAMILY’S ACTIONS AND WELLNESS AND THE SUCCESS AND/OR FAILURE THEREOF, WHICH ARE DEPENDENT ON FACTORS INCLUDING BUT NOT LIMITED TO YOUR DEDICATION, KNOWLEDGE, ABILITY, AND HEALTH. YOU ARE STRONGLY ENCOURAGED TO SEEK THE ADVICE OF YOUR OWN MEDICAL PROVIDER REGARDING ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH OR ANY MEDICATIONS, HERBS OR SUPPLEMENTS YOU AND/OR YOUR FAMILY ARE TAKING. DO NOT DISREGARD MEDICAL ADVICE OR DELAY SEEKING MEDICAL ATTENTION BECAUSE OF CONTENT ON THIS SITE. DO NOT START OR STOP TAKING ANY MEDICATIONS WITOUT SPEAKING TO YOUR OWN LICENSED PRESCRIBER BEFOREHAND. YOU ALSO UNDERSTAND ANY TESTIMONIALS, COMMENTS, SUBMISSIONS, OR ENDORSEMENTS BY DKRLI USERS OR AUDIENCE ON THE SITE, SERVICES, INFORMATION, SUBMISSIONS, AND/OR CONTENT HAVE NOT BEEN SCIENTIFICALLY EVALUATED BY ANYONE, RESULTS EXPERIENCED BY YOU AND THEM MAY VARY GREATLY, AND ARE FOR ILLUSTRATION PURPOSES ONLY. ANY CONTENT, COMMENTS, SUBMISSIONS, INFORMATION AND/OR SERVICES ON THE SITE OR FROM DKRLI ARE OPINIONS FOR YOUR CONSIDERATION ONLY; THEY ARE NOT GUARANTEES OR PROMISES OF ANY KIND. USE OF DKRLI IS LIMITED TO ADULTS 18 YEARS OF AGE AND OLDER; BY USING THE SITE, YOU REPRESENT AND WARRANT YOU ARE AN ADULT AND ABLE TO AGREE TO THESE TERMS. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DKRLI’S LIABILITY - DIRECT, INDIRECT, INCIDENTAL, EQUITABLE, SPECIAL OR CONSEQUENTIAL OR OTHERWISE - TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU FOR SERVICES RECEIVED DURING THE MOST RECENT MONTH OF YOUR CARE OR USE PRIOR TO THE EVENT GIVING RISE TO ANY ALLEGED LIABILITY.
13. Severability. In the event of any conflict between You and DKRLI, the Site and/or these Terms regarding Content, Information, Accounts, Rates, Submissions, Privacy, Services and/or DKRLI the rest of these Terms shall remain intact and valid. In the event any provision of these Terms is waived, suspended, invalid or unenforceable, the remaining portions will remain in full force and effect. Failure by DKRLI to enforce any provision of these Terms will not be deemed or construed as a waiver or suspension of said provision or any other provision, nor of the right to enforce such a provision or any other provision. DKRLI’s rights under these Terms will survive any Termination.
14. Assignment. This Agreement shall be binding upon and is for the sole benefit of the parties hereto. DKRLI reserves the right to assign these Terms to any Successor. You have no right to assign these Terms to anyone without express, advance written permission as well as a Transfer Fee.
15. Arbitration. You acknowledge and agree any legal controversy or claim arising from or relating to these Terms (excluding, at its sole discretion, possible legal action by DKRLI to collect or recover fees and damages for – or obtain any injunction relating to – Your Default on Rates, and/or Payment for Site Services, Content, Information) will be settled solely by binding arbitration in the State of California without regard to conflict of law provisions in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. Each party will bear their portion of the arbitration fees and costs unless resolved otherwise during arbitration or by default. Any cause of action by You with respect to the Site, Services, Information, Accounts, Submissions, or Rates must be instituted within one (1) year after the cause of action arose or be forever waived and barred. No hard copy or digital version of any part of our Information, Services, Content, or Site may be used by You in any separate or direct litigation or arbitration matter whatsoever under any circumstances.
16. Jurisdiction. These Terms are covered by the laws of the State of California, USA. Where there is a disagreement of these Terms, the law of the State of California, USA, shall prevail. These terms will be governed by, and construed in accordance with, the laws of California. Accordingly, the laws of California will be used exclusively to construe, govern and enforce these terms, excluding all conflict of laws rules. Except as provided by Injunctive Relief, any action related to or arising out of these terms will be filed only in the California courts, and You consent to the exclusive jurisdiction of the state and federal courts located in California. In the event you breach or threaten breach of these Terms, You acknowledge and agree that DKRLI will be greatly and irreparably damaged and the damage will be difficult to quantify; DKRLI may apply to any court of competent jurisdiction where it will apply the laws of its own jurisdiction in determining whether DKRLI will be granted injunctive or other equitable relief without impairing, invalidating, negating or voiding any other DKRLI rights to relief, either in law or at equity.
17. Contact. You may write to DKRLI for all concerns regarding the Terms, Privacy or the Site at dalerose.lmft at gmail dot com.