1.1 These terms and conditions shall govern your use of our website.
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
1.4 You must be at least 13 years of age to use our website; and by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 13 years of age.
1.5 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.
2.1 This document was created using a template from SEQ Legal.
3.1 Copyright (c) 2019, SWinter Counseling and Consulting, LLC. All Rights Reserved.
3.2 Subject to the express provisions of these terms and conditions:
(a) We, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) All the copyright and other intellectual property rights in our website and the material on our website are reserved.
4.1 You may:
(a) View pages from our website in a web browser;
(b) Download pages from our website for caching in a web browser;
(c) Print pages from our website;
(d) Stream audio and video files from our website (if applicable); and
(e) Use our website (services) by means of a web browser, subject to the other provisions of these terms and conditions.
4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
4.3 You may use our website for your own personal and business purposes, and you must not use our website for any other purposes.
4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
4.5 Unless you own or control the relevant rights in the material, you must not:
(a) Republish material from our website (including republication on another website);
(b) Sell, rent or sub-license material from our website;
(c) Show any material from our website in public;
(d) Exploit material from our website for a commercial purpose; or
(e) Redistribute material from our website.
4.6 Notwithstanding Section 4.5, you may redistribute our newsletter, or any other organizational standardized material, in print and electronic form to any person.
4.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
5.1 You must not:
(a) Use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) Use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) Use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e) Access or otherwise interact with our website using any robot, spider or other automated means; or
(f) Use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
5.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.
5.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
6.1 To be eligible for an individual account on our website under this Section 6, you must be at least 13 years of age, if residing in the United States. If you are not residing in the United States, you are subjected to the established laws of your country of residence.
6.2 You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you, if it is available.
6.3 You must not allow any other person to use your account to access the website.
6.4 You must notify us in writing immediately if you become aware of any unauthorized use of your account.
6.5 You must not use any other person’s account to access the website, unless you have that person’s express permission to do so.
7.1 If you register for an account with our website, we will provide you with or you will be asked to choose a user ID and password.
7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.
7.3 You must keep your password confidential.
7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
7.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
8.1 We may:
(a) Suspend your account;
(b) Cancel your account; and/or
(c) Edit your account details, at any time in our sole discretion without notice or explanation.
8.2 You may cancel your account on our website using your account control panel on the website.
9.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
9.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media / reproduce, store and publish your content on and in relation to this website and any successor website / reproduce, store and, with your specific consent, publish your content on and in relation to this website.
9.3 You grant to us the right to sub-license the rights licensed under Section 9.2.
9.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.
9.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
9.6 You may edit your content to the extent permitted using the editing functionality made available on our website.
9.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
10.1 You warrant and represent that your content will comply with these terms and conditions.
10.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
10.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) Be libelous or maliciously false;
(b) Be obscene or indecent;
(c) Infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) Infringe any right of confidence, right of privacy or right under data protection legislation;
(e) Constitute negligent advice or contain any negligent statement;
(f) Constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) Be in contempt of any court, or in breach of any court order;
(h) Be in breach of racial or religious hatred or discrimination legislation;
(i) Be blasphemous;
(j) Be in breach of official secrets legislation;
(k) Be in breach of any contractual obligation owed to any person;
(l) Depict violence in an explicit, graphic or gratuitous manner;
(m) Be pornographic, lewd, suggestive or sexually explicit;
(n) Be untrue, false, inaccurate or misleading;
(o) Consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) Constitute spam;
(q) Be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(r) Cause annoyance, inconvenience or needless anxiety to any person.
11.1 We do not warrant or represent:
(a) The completeness or accuracy of the information published on our website;
(b) That the material on the website is up to date; or
(c) That the website or any service on the website will remain available.
11.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
11.3 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
12.1 Nothing in a contract under these terms and conditions will:
(a) Limit or exclude any liability for death or personal injury resulting from negligence;
(b) Limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) Limit any liabilities in any way that is not permitted under applicable law; or
(d) Exclude any liabilities that may not be excluded under applicable law.
12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in a contract under these terms and conditions:
(a) Are subject to Section 12.1; and
(b) Govern all liabilities arising under that contract or relating to the subject matter of that contract, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in that contract.
12.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
12.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
12.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
12.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
12.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
12.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
13.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) Send you one or more formal warnings;
(b) Temporarily suspend your access to our website;
(c) Permanently prohibit you from accessing our website;
(d) Block computers using your IP address from accessing our website;
(e) Contact any or all of your internet service providers and request that they block your access to our website;
(f) Commence legal action against you, whether for breach of contract or otherwise; and/or
(g) Suspend or delete your account on our website.
13.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
14.1 We may revise these terms and conditions from time to time.
14.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions; if you do not agree to the revised terms and conditions, you must stop using our website.
14.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.
15.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
15.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
16.1 If a provision of a contract under these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
16.2 If any unlawful and/or unenforceable provision of a contract under these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
17.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
17.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
18.1 Subject to Section 12.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
19.1 A contract under these terms and conditions shall be governed by and construed in accordance with U.S. law.
19.2 Any disputes relating to a contract under these terms and conditions shall be subject to the exclusive or non-exclusive jurisdiction of the courts of the United States.
20.1 This website is owned and operated by SWinter Counseling and Consulting, LLC.
20.2 You can contact us by using our website contact form or by email to info@swinter.llc.
Your privacy is critically important to us. SWinter Counseling and Consulting, LLC has a few fundamental principles:
♦ We don’t ask you for personal information unless we truly need it. (We can’t stand services that ask you for things like your gender or income level for no apparent reason.)
♦ We don’t share your personal information with anyone except to comply with the law, develop our products, or protect our rights.
♦ We don’t store personal information on our servers unless required for the on-going operation of one of our services.
♦ In our blogging products, we aim to make it as simple as possible for you to control what’s visible to the public, seen by search engines, kept private, and permanently deleted.
Below is our privacy policy which incorporates these goals. SWinter Counseling and Consulting, LLC policy is to respect your privacy regarding any information we may collect while operating our websites.
Like most website operators, SWinter Counseling and Consulting, LLC collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. The purpose in the SWinter Counseling and Consulting, LLC policy of collecting non-personally identifying information is to better understand how SWinter Counseling and Consulting, LLC visitors use its website. From time to time, SWinter Counseling and Consulting, LLC may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website. SWinter Counseling and Consulting, LLC also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users that share any content. SWinter Counseling and Consulting, LLC only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the web page where the comment was left.
Certain visitors to the SWinter Counseling and Consulting, LLC website choose to interact with SWinter Counseling and Consulting, LLC in ways that require SWinter Counseling and Consulting, LLC to gather personally-identifying information. The amount and type of information that SWinter Counseling and Consulting, LLC gathers depends on the nature of the interaction. For example, we ask visitors who sign up to be on the mailing list (we also reserve the right to implement this or not) at swintercounseling.com to provide a username and email address. Those who engage in transactions with SWinter Counseling and Consulting, LLC, in any form, are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, SWinter Counseling and Consulting, LLC collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with SWinter Counseling and Consulting, LLC. SWinter Counseling and Consulting, LLC does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
SWinter Counseling and Consulting, LLC may collect statistics about the behavior of visitors to its websites. For instance, SWinter Counseling and Consulting, LLC may monitor the most popular interactions on our site or use spam screened by the Akismet service to help identify spam. SWinter Counseling and Consulting, LLC may display this information publicly or provide it to others. However, SWinter Counseling and Consulting, LLC does not disclose personally-identifying information other than as described below.
SWinter Counseling and Consulting, LLC discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on SWinter Counseling and Consulting, LLC behalf or to provide services available at the SWinter Counseling and Consulting, LLC website, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using the SWinter Counseling and Consulting, LLC website, you consent to the transfer of such information to them. SWinter Counseling and Consulting, LLC will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, SWinter Counseling and Consulting, LLC discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when SWinter Counseling and Consulting, LLC believes in good faith that disclosure is reasonably necessary to protect the property or rights of SWinter Counseling and Consulting, LLC, third parties or the public at large. If you are a registered user of an SWinter Counseling and Consulting, LLC website and have supplied your email address, SWinter Counseling and Consulting, LLC may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with SWinter Counseling and Consulting, LLC and our products. We primarily use our various product blogs to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. SWinter Counseling and Consulting, LLC takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. SWinter Counseling and Consulting, LLC uses cookies to help SWinter Counseling and Consulting, LLC identify and track visitors, their usage of the SWinter Counseling and Consulting, LLC website, and their website access preferences. SWinter Counseling and Consulting, LLC visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using the SWinter Counseling and Consulting, LLC website, with the drawback that certain features of the SWinter Counseling and Consulting, LLC website may not function properly without the aid of cookies.
If SWinter Counseling and Consulting, LLC, or substantially all of its assets, were acquired, or in the unlikely event that SWinter Counseling and Consulting, LLC goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of SWinter Counseling and Consulting, LLC may continue to use your personal information as set forth in this policy.
Ads appearing on any of our websites may be delivered to users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by SWinter Counseling and Consulting, LLC and does not cover the use of cookies by any advertisers.
Comments and other content submitted to our Akismet anti-spam service are not saved on our servers unless they were marked as false positives, in which case we store them long enough to use them to improve the service to avoid future false positives.
Although most changes are likely to be minor, SWinter Counseling and Consulting, LLC may change its Privacy Policy from time to time, and in SWinter Counseling and Consulting, LLC sole discretion. SWinter Counseling and Consulting, LLC encourages visitors to frequently check this page for any changes to its Privacy Policy. If you’ve signed up for an account, you should also check that account/email for alerts to these changes. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.
♦ February 24, 2019: Website Privacy Policy was created.
This notice describes how medical information about you may be used and disclosed and how you can get access to this information. Please review it carefully.
YOUR RIGHTS
Get an electronic or paper copy of your medical record
Ask me to correct your medical record
Request confidential communications
Ask me to limit what I use or share
Get a list of those with whom I’ve shared information
Get a copy of this privacy notice
Choose someone to act for you
File a complaint if you feel your rights are violated
YOUR CHOICES
In these cases, you have both the right and choice to tell me to:
If you are not able to tell me your preference, for example if you are unconscious, I may go ahead and share your information if I believe it is in your best interest. I may also share your information when needed to lessen a serious and imminent threat to health or safety.
In these cases, I never share your information unless you give me written permission:
In the case of fundraising:
USES AND DISCLOSURES
I typically use or share your health information in the following ways:
Example: A doctor treating you for an injury asks another doctor about your overall health condition.
Example: I use health information about you to manage your treatment and services.
Example: I give information about you to your health insurance plan so it will pay for your services.
I am allowed or required to share your information in other ways – usually in ways that contribute to the public good, such as public health and research. I have to meet many conditions in the law before I can share your information for these purposes. For more information see: www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/index.html.
Help with public health and safety issues
Do research
Comply with the law
Respond to organ and tissue donation requests
Work with a medical examiner or funeral director
Address workers’ compensation, law enforcement, and other government requests
Respond to lawsuits and legal actions
MY RESPONSIBILITIES
For more information see: www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/noticepp.html
CHANGES TO THE TERMS OF THIS NOTICE
OTHER INSTRUCTIONS OF THIS NOTICE