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Terms of Service and Use Agreement

Last Update: January 15, 2021 | 11:16 PM | Eastern Time

Please read this Agreement carefully before using this website.

This web page represents a legal document and is the Terms of Service and Use Agreement ("Agreement") for WilmingtonMentalHealth.com ("Website"), as owned and operated by Wilmington Mental Health, PLLC, doing business as Wilmington Mental Health, PLLC and/or Wilmington Mental Health. By using our Website, you agree to fully comply with and be bound by the following Agreement each time you use our Website.

The information provided on this website is informational only. It is not intended to be a promise, guarantee or warranty of any kind, nor to provide you with medical advice or direction. IF YOU NEED IMMEDIATE EMERGENCY HELP, CALL 911. Please do not use this site to provide or communicate specific information related to your symptoms, condition, ongoing treatment or other specific health care information.

Wilmington Mental Health, PLLC is not liable for damages arising from use of information obtained through its web site or the linked sites. Any or all of the linked sites may contain proprietary material and may be protected under the U.S. copyright laws. Permission to reprint or electronically produce any document or graphic requires prior written consent from the copyright holder.

ONLINE ADVERTISING WE USE

Wilmington Mental Health, PLLC uses Google AdWords to connect you with more information about our services. Google AdWords will display relevant messages tailored to you based on what parts of this website you have viewed by placing a cookie on your machine. THIS COOKIE DOES NOT IN ANYWAY IDENTIFY YOU OR GIVE ACCESS TO YOUR COMPUTER OR USE YOUR PROTECTED HEALTH INFORMATION. The cookie is used to say "This person visited this page, so show them ads relating to that page." Google AdWords allows us to tailor our messages to better suit your needs and only display ads that are relevant to you. If you do not wish to participate in Google AdWords, you can opt out by visiting Google's Ads Preferences Manager. You can also opt out of any third-party vendor's use of cookies by visiting optout.networkadvertising.org.

GOOGLE ANALYTICS AND COOKIES

We may use a tool called “Google Analytics” to collect information about use of this Site, such as how often users visit the Site, what pages they visit when they do so, and what other sites they used prior to coming to this Site. Google Analytics collects only the IP address assigned to you on the date you visit this Site, rather than your name or other identifying information. Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit this Site. This cookie cannot be used by anyone but Google, Inc. The information generated by the cookie will be transmitted to and stored by Google on servers in the United States. We use the information received from Google Analytics only to improve services on this Site. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Google’s ability to use and share information collected by Google Analytics about your visits to this Site is restricted by the Google Privacy Policy http://www.google.com/policies/privacy. You can prevent Google Analytics from recognizing you on return visits to this Site by disabling the Google Analytics cookie on your browser.

INFORMATION COLLECTION AND USE

Our Site may use forms in which you give us contact information (including your name, address, telephone number, and email address) so you can request information or support. We receive and store any information you enter on our Site, or give us in any other way, including through email, telephone, or other communications. You do not need to give us any personal information in order to use our Site. We will not sell, share, trade or otherwise use any information you provide. We may use or disclose aggregate information only where no individual is identified for a number of purposes, including: Compiling aggregate statistics of usage for improving the web site; Developing, maintaining and administering the web site; and Following up on comments and other messages that you submit to us through the web site. Please note, to better safeguard your information, please do not include any credit card information in your electronic communication unless it is specifically required by us as part of Services or transaction fulfillment process sites, or our Online Payment page. This Site and our Services may contain links to other websites. Unfortunately, we are not responsible for the privacy practices or the content of such sites.

SECURITY

This Site has security measures in place to protect against the loss, misuse or alteration of the information under our control. If our site allows you to enter sensitive information (such as a credit card number) on order firms, we encrypt the transmission of that information using secure socket layer technology (SSL). We may also at times provide information about you to third parties to provide various services on our behalf, such as providers who process credit card payments. We will only share information about you that is necessary for the third party to provide the requested service. These companies are prohibited from retaining, sharing, buying, selling, storing or using your personally identifiable information for any secondary purposes. We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is one hundred percent (100%) secure, however. Therefore, we cannot guarantee its absolute security.

GENERAL

The information provided here is not intended to be a substitute for professional advice, diagnosis, treatment, psychotherapy, counseling, or mental health services. Users should always seek the advice of a licensed mental health provider, or other qualified health provider with any questions regarding any mental health or medical symptoms or conditions. Never disregard professional psychological, mental health, or medical advice or delay in seeking evaluation or treatment because of something you have read or seen on WilmingtonMentalHealth.com.

CHANGED TERMS

Wilmington Mental Health, PLLC shall have the right at any time to change or modify the terms of service and any conditions applicable to User’s use WilmingtonMentalHealth.com, or any part thereof.

LIMITED LIABILITY

This disclaimer of liability applies to any damages or injury caused by any failure of performance, negligence, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.

User specifically acknowledges that WilmingtonMentalHealth.com is not liable for the defamatory, offensive, or illegal conduct of other Users, Members, Facilities, or third parties and that the risk of injury from the foregoing rests entirely with User.

MONITORING

Wilmington Mental Health, PLLC shall have the right, but not the obligation, to monitor the content of WilmingtonMentalHealth.com, including blogs, user emails to providers and any other content area of WilmingtonMentalHealth.com, to determine compliance with this Agreement and any operating rules established by Wilmington Mental Health, PLLC and to satisfy any law, regulation, or authorized government request. Wilmington Mental Health, PLLC shall have the right in its sole discretion to edit, refuse to post, or remove any material submitted to or posted on WilmingtonMentalHealth.com. Without limiting the foregoing, Wilmington Mental Health, PLLC shall have the right to remove any material that Wilmington Mental Health, PLLC, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

THIRD PARTY CONTENT

Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, WilmingtonMentalHealth.com Blog authors, Users, Providers, Facilities or any other User of WilmingtonMentalHealth.com, are those of the respective author(s) or distributor(s) and not of Wilmington Mental Health, PLLC. Neither WilmingtonMentalHealth.com nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content.

In many instances, the content available through WilmingtonMentalHealth.com represents the opinions and judgments of the respective information provider or third party, either under or not under contract with Wilmington Mental Health, PLLC. Wilmington Mental Health, PLLC neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on WilmingtonMentalHealth.com by anyone other than authorized Wilmington Mental Health, PLLC employee spokespersons while acting in their official capacities.

Under no circumstances will Wilmington Mental Health, PLLC be liable for any loss or damage caused by a User’s reliance on information obtained through WilmingtonMentalHealth.com. It is the responsibility of User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through WilmingtonMentalHealth.com. Please seek the advice of licensed medical or mental health professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice, or other content.

ADVERTISING DISCLOSURES AND REPRESENTATIONS

Wilmington Mental Health, PLLC may at times advertise on other websites not owned or controlled by Wilmington Mental Health, PLLC. In such cases it is the responsibility of the other website to make any disclosures or representations about such advertising, which may be required by law.

COPYRIGHTS AND COPYRIGHT AGENT

WilmingtonMentalHealth.com respects the rights of all copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide WilmingtonMentalHealth.com Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512.

COLLECTION AND USE OF PERSONAL INFORMATION OF CHILDREN UNDER AGE 13

We are committed to protecting the online privacy of children. In accordance with the Children’s Online Privacy Protection Act (”COPPA”), we will not knowingly collect any personally identifiable information from children under the age of thirteen (13) without first obtaining parental consent. Prior to providing any personally identifiable information (your name, email address, address, phone number etc.), children under the age of thirteen (13) must have a parent or legal guardian complete and return (by email or regular mail) a Parental Consent Form to info@wmhwc.com. The consent form states that the child’s “Parent” or “Legal Guardian”, by his or her signature, consents to the collection and transfer of the child’s personally identifiable information. Consent may be revoked by completing a “Revocation of Parental Consent Form” and sending it to the email address above. In compliance with COPPA, We are sensitive about children consulting with parents or guardians before furnishing personal information or ordering anything online. It is also our intention to adhere to the Children’s Advertising Review Unit (CARU) Guidelines on Internet advertising with its special sensitivities regarding solicitations to children under thirteen (13). We encourage parents/guardians to supervise and join their children in exploring cyberspace.

COMPLIANCE WITH LAWS AND LAW ENFORCEMENT

We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including without limitation subpoenas), to protect our property and rights or the property and rights of a third party, to protect the safety of the public or any person, or to prevent or stop activity we consider to be illegal or unethical. We will also share your information to the extent necessary to comply with ICANN's rules, regulations and policies. To the extent we are legally permitted to do so, we will take reasonable steps to notify you in the event that we are required to provide your personal information to third parties as part of legal process.

ADVERTISEMENTS AND LINKS

Wilmington Mental Health, PLLC does not endorse the content on any third-party websites. Wilmington Mental Health, PLLC is not responsible for the content of linked third-party sites, sites framed within WilmingtonMentalHealth.com, or third-party advertisements, and does not make any representations regarding their content or accuracy. User use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Wilmington Mental Health, PLLC does not endorse any product advertised on WilmingtonMentalHealth.com. Wilmington Mental Health, PLLC is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com.

PAYMENTS

You represent and warrant that when you make a payment to Wilmington Mental Health, PLLC as part of our Service that i. any credit information you supply is true and complete, ii. charges incurred by you will be honored by your bank or credit card company, iii. you will pay the charges incurred by you at the posted prices, including any applicable taxes, and iv. if your initial payment method is dishonored, you will still pay the charges incurred, including any surcharge we may incur due to such dishonored payment.

User acknowledges that WilmingtonMentalHealth.com does not save or maintain any credit card information on the WilmingtonMentalHealth.com server and instead uses Stripe to store credit card information and process credit card transactions via a secure and encrypted SSL page to ensure the highest safety for all transactions.

PAYMENT CHARGE-BACKS

While we actively support fighting payment fraud, Wilmington Mental Health, PLLC has a zero-tolerance policy regarding payment charge-backs and asks that you contact us if you have an issue with our Services.

REFUND POLICY

Wilmington Mental Health, PLLC does not offer refunds for Services.

NO WARRANTY OF UNINTERRUPTED SERVICE

Wilmington Mental Health, PLLC does not warrant that Internet-based Services will be secure, uninterrupted, always available, or error-free.

MISCELLANEOUS

You understand that this Agreement, our Website, and our Services are governed by the laws of the State of North Carolina. You agree that the City of Wilmington, in which Wilmington Mental Health, PLLC is located, shall be the forum for any legal action relating to our Website, Content, or Service. Any cause of action by you with respect to our Website, Content, or Services, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement of Service shall take precedence. The failure of Wilmington Mental Health, PLLC to enforce any provision or right as found in this Agreement will not constitute a waiver of such provision or right. The use of section headings in this Agreement is merely for convenience and in no way limits or defines how this Agreement should be construed. This Agreement and any operating rules for Wilmington Mental Health, PLLC constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.

LINK DISCLAIMER

Any links to external websites and/or non-Wilmington Mental Health information provided on our pages or returned from our web search engine are provided as a courtesy. They should not be construed as an endorsement by Wilmington Mental Health of the content or views of the linked materials.

SEVERABILITY

If any part of this Agreement is invalid or unenforceable, the remainder is still enforceable.

DMCA COPYRIGHT AGENT
The DMCA Copyright Agent for Wilmington Mental Health is:
Joseph Rengifo
Send email to: copyright@wmhwc.com
Wilmington Mental Health, PLLC
3825 Market St, Ste 4
Wilmington, NC 28403
All rights reserved.