Last Updated: January 2023
Terms of Use Agreement
This Terms of Use Agreement (“Agreement”) is entered into by and between Psychotherapy for Maternal Well-Being PLLC, and its owners, members, employees and agents (“Company”) on the one hand, and “you,” the user of this website. The website is located at https://www.pfmwellbeing.com (the “Site”). Access to, use of and/or browsing of the Site is provided, subject to the terms and conditions set forth herein and any other documents and agreements referenced on the Site. By accessing, using and/or browsing the Site, you hereby agree to these terms and conditions.
If you do not agree to be bound to every term and condition set forth herein, please exit the Site immediately and do not use, access and/or browse the Site.
If you choose to use the Site, you acknowledge and agree that you have read and understand these terms and conditions and that you agree to follow them voluntarily.
Medical advice disclaimer
The Company provides the Site and the services, information, content and/or data (collectively, “Information”) contained therein for informational purposes only. The Company is not providing medical advice on the Site, and the Information should not be considered medical advice. Nothing contained in the Site is intended to create a therapist-patient relationship. You hereby agree that you shall not make any health or medical related decision based in whole or in part on anything contained in the Site. If you believe that you have a medical emergency, call your doctor, 911, 998 or other medical emergency line.
Information disclaimer
Any statements or opinions of the Company on the Site are or have been rendered based on specific facts, under certain conditions, and subject to certain assumptions, which may not be fully set forth on the Site, so they should not be used or relied upon by you for any medical care.
The Information may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. The Company undertakes no obligation to update any Information on the Site; provided, however, that the Company may update, add or delete the Information at any time without notice, in the Company’s sole and absolute discretion.
Disclaimer of all warranties
The Information made available at the Site, including Information regarding medical conditions, medications, etc., is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, either express or implied, including, without limitation, warranties of title, noninfringement, and implied warranties of merchantability or fitness for a particular purpose. Without limiting the generality of the foregoing, the Company makes no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of the Information, that the Information may be relied upon for any reason or that the Information will be uninterrupted or error free or that any defects can or will be corrected.
Under no circumstances, as a result of your use of the Site, absent the Company’s willful or intentional misconduct, will the Company be liable to you or to any other person for any direct, indirect, special, incidental, exemplary, consequential or other damages under any legal theory, including, without limitation, tort, contract, strict liability or otherwise, even if advised of the possibility of such damages. Without limiting the generality of the foregoing, the Company shall have absolutely no liability in connection with the Site for:
damages as a result of lost profits, loss of good will, work stoppage, failure of performance, delays in operation or transmission, non-delivery of information, deletions of files, mistakes, defects, errors, interruptions or computer failure or malfunction;
any loss or injury caused, in whole or in part, by the Company’s actions, omissions, or negligence in procuring, compiling, or delivering the Information;
any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information; or
any decision made, or action taken or not taken, in reliance upon the Information.
You agree that the maximum legal liability of the Company to you or those claiming through you for any claim is limited to Two Hundred Fifty Dollars ($250.00) collectively and that any claims by you or those claiming through you must be filed within one year of the facts giving rise to the claim, with the exception of claims by minors, claiming through you, whose claims must be filed within one year of their reaching majority.
Reservation of intellectual property rights
The Site is protected by United States copyright laws. The Company hereby reserves any and all intellectual property rights in the Site.
Age restriction
The Site is intended for persons eighteen (18) years or older. Persons under the age of eighteen (18) should not access, use and/or browse the Site.
Indemnification
You agree to indemnify and hold the Company harmless from any claim or demand, including attorneys’ fees, made by any third party against Company as a result of (1) any content posted or made available by you on this Site, (2) any violation of law that occurs by you through the Site, and/or (3) anything you do using the Site and/or the Information contained therein.
Invalidity
If a Court or arbitrator should determine that a term or condition in this Agreement is not enforceable, that does not by itself change any of the other terms and conditions in this Agreement. If a term or condition is determined by a Court or arbitrator to not be enforceable, you agree that the Court or arbitrator may modify the term or condition to make it enforceable, keeping the new term or condition as close as possible to the intent of the unenforceable term or condition.
Governing law and consent to jurisdiction
This Agreement and your use of the Site, along with the Information contained therein, shall be governed by and construed in accordance with the laws of the State of Minnesota without regard to conflict of laws principles, and you agree to the sole and exclusive jurisdiction of courts serving Hennepin County, State of Minnesota for any dispute with the Company.
Entire agreement
You hereby acknowledge that this Agreement and the other documents and agreements on the Site represent the entire understanding between you and the Company concerning your use of the Site and the Information contained therein.
Modification
The Company may, in the Company’s sole and absolute discretion, modify the terms and conditions of this Agreement in whole or in part at any time for any reason without any notice to you, whether prior or otherwise. Such modified terms and conditions shall supersede these terms and conditions and shall become binding when published online on the Site.
Waiver
The Company’s failure to exercise or enforce any right or provision of this Agreement shall not be deemed to be a waiver of such right or provision.
The Site and the information contained therein is made available by the Company for educational purposes only and is not intended to provide medical advice. You understand and acknowledge that by simply accessing the Site, you are not creating a therapist-patient relationship between you and the Company.