Disclaimer

 

Welcome to www.everydaytherapist.com. This website is owned and operated by Health Psychology Associates, LLC/Kelly Forys Donahue, PhD. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as ‘User Agreement’). This agreement is in effect as of Dec 21, 2015.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

The information contained within this website is provided for informational purposes only and should not be used for therapy purposes. The use of this website does not imply nor establish any type of doctor/patient relationship. No diagnosis or treatment is being provided by the use of this website. The use of this website does not constitute nor offer any specific medical or psychological advice whatsoever to anyone and is not intended for that use. This website is not responsible for any misinterpretation of the information provided within this website or any consequences resulting from the use of this website. This website takes no responsibility for any websites that may be linked to this website nor imply any relationships or endorsements to any linked website.

Content
All materials used on this site, including all images, are copyrighted and are protected worldwide by copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without Health Psychology Associates, LLC/Kelly Forys Donahue, PhD’s, prior written consent. The materials on this website are provided by Health Psychology Associates, LLC/Kelly Forys Donahue, PhD for informational purposes only. Pages may be printed out for your personal use only.

Images
Photographs, illustrations, computer drawings, video clips, etc. may be the property of Health Psychology Associates, LLC/Kelly Forys Donahue, PhD or illustrators and photographers hired by Health Psychology Associates, LLC/ Kelly Forys Donahue, PhD and are used on this website in accordance with individual agreements. Health Psychology Associates, LLC/Kelly Forys Donahue, PhD does not grant any express or implied right to you under any license, patents, copyrights, trademarks or trade secret information. Use of any image (photograph, illustration, computer rendering, video clip, etc.) from this site requires written permission from Health Psychology Associates, LLC/Kelly Forys Donahue, PhD and/or any other party, as appropriate.

Submissions
You are prohibited from posting or transmitting to or from this site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.

Links to Other Materials
Health Psychology Associates, LLC/Kelly Forys Donahue, PhD is not responsible for the content of any linked site or any link contained in a linked site. Health Psychology Associates, LLC/Kelly Forys Donahue, PhD does not endorse companies, services or products to which it links and reserves the right to note as such on its web pages. If you access any of the third party sites linked to this site, you do this entirely at your own risk.

Responsible Use and Conduct
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

Wherein, you understand that:
In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.

  1. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.

  2. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.

  3. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.

  4. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.

  5. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

  6. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:

    i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;

    ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;

    iii. Contains any type of unauthorized or unsolicited advertising;

    iiii. Impersonates any person or entity, including any Health Psychology Associates, LLC/www.everydaytherapist.com employees or representatives. We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

  7. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of Health Psychology Associates, LLC/www.everydaytherapist.com, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources.

  8. You agree to indemnify and hold harmless Health Psychology Associates, LLC/www.everydaytherapist.com and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Limitation of Warranties
By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:
i) the use of our Resources will meet your needs or requirements.
ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.
iii) the information obtained by using our Resources will be accurate or reliable, and
iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected. Furthermore, you understand and agree that:
v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
vi) no information or advice, whether expressed, implied, oral or written, obtained by you from www.everydaytherapist.com or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. www.everydaytherapist.com will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

Copyrights/Trademarks
All content and materials available on www.everydaytherapist.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Health Psychology Associates, LLC/www.everydaytherapist.com, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Health Psychology Associates, LLC/www.everydaytherapist.com.

Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

Governing Law
This website is controlled by www.everydaytherapist.com and Health Psychology Associates, LLC from our offices located in the state of Maryland, USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of Maryland, by accessing our website, you agree that the statutes and laws of Maryland, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site. Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in USA, Maryland. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Privacy Statement
Keeping your information private is the most important priority at Health Psychology Associates, LLC/ www.everydaytherapist.com. This statement about privacy policies and safety standards will tell you more about our policies in regard to information we collect and safeguard to protect it. 

  1. I am required by law to maintain the privacy of protected health information (PHI) and to provide you with a notice of my legal duties and privacy practices with respect to PHI.

  2. I reserve the right to change the privacy policies and practices described in this notice. Unless I notify you of such changes, however, I am required to abide by the terms currently in effect.

  3. I reserve the right to change the terms of this notice and to make the new notice provisions effective for all PHI that I maintain. I will provide you with a revised notice in writing either by mail or in person during a regularly scheduled appointment

Third Party Intrusion We will always take steps to try and prevent third party intrusion. Health Psychology Associates, LLC/www.everydaytherapist.com contains links to independent outside websites (which also post their own links). If you link to a third party site from www.everydaytherapist.com, any information you provide a third party website that is linked on www.everydaytherapist.com is not covered by this privacy statement. To be informed of the third party privacy rules, you must read their privacy statement. 

Information We Collect from You We may also collect information about you and your use of our site through the use of cookies or IP address lookup (to verify city/state/country). "Cookies" are small computer files that we transfer to your computer's hard drive that provide us with visit information (length of visit, what page was utilized for the longest period of time). 

Disclosing of Your Personal Information Disclosing of personal information is not tolerated at Health Psychology Associates, LLC/www.everydaytherapist.com. We will never disclose your identity or information regarding you to outside companies. We will never intentionally disclose any personal information about you or anything you mention in your interactions without your written permission. 

Exception - In certain circumstances mandated by law, we may be required to release personal Information to third parties, such as law enforcement for child or elder abuse, or harm to self or others, search warrant, subpoena or court order. I may use or disclose PHI without your consent or authorization in the following circumstances: 
A. Child Abuse - If I know or have reasonable cause to suspect that a child known to me in my professional capacity has been, or is, in immediate danger of being a mentally or physically abused or neglected child, I must immediately report such knowledge or suspicion to the appropriate authority.
B. Adult and Domestic Abuse - If I believe that an adult is in need of protective services because of abuse or neglect by another person, I must immediately report this belief to the appropriate authorities.
C. Judicial and Administrative Proceedings - If you are involved in a court proceeding and a request is made for information about the professional services I provided you and/or the records thereof, such information is privileged under Florida law, and I will not release information without the written authorization of you or your legally appointed representative or a court order. The privilege does not apply when you are being evaluated for a third party or where the evaluation is court ordered. You will be informed in advance if this is the case.
D. Serious Threat to Health or Safety - If I believe disclosure of PHI is necessary to protect you or another individual from a substantial risk of imminent and serious physical injury, I may disclose the PHI to the appropriate individuals.
E. Worker's Compensation - If I am treating you for Worker's Compensation purposes, I must provide periodic progress reports, treatment records, and bills upon request to you, the State of Maryland, your employer, or your insurer, or their representatives.

Patient's Rights 
A. Right to Request Restrictions - You have the right to request restrictions on certain uses and disclosures of protected health information. However, I am not required to agree to a restriction you request.
B. Right to Receive Confidential Communications by Alternative Means and at Alternative Locations - You have the right to request and receive confidential communications of PHI by alternative means and at alternative locations. (For example, you may not want a family member to know that you are seeing me. On your request, I will send your bills to another address.)
C. Right to Inspect and Copy - You have the right to inspect or obtain a copy (or both) of PHI in my mental health and billing records used to make decisions about you for as long as the PHI is maintained in the record. I may deny your access to PHI under certain circumstances, but in some cases you may have this decision reviewed. You may be denied access to Psychotherapy Notes if I believe that a limitation of access is necessary to protect you from a substantial risk of imminent psychological impairment or to protect you or another individual from a substantial risk of imminent and serious physical injury. I shall notify you or your representative if I do not grant complete access. On your request, I will discuss with you the details of the request and denial process.
D. Right to Amend - You have the right to request an amendment of PHI for as long as the PHI is maintained in the record. I may deny your request. On your request, I will discuss with you the details of the amendment process.
E. Right to an Accounting - You generally have the right to receive an accounting of disclosures of PHI. On your request, I will discuss with you the details of the accounting process.
F. Right to a Paper Copy - You have the right to obtain a paper copy of the notice from me upon request, even if you have agreed to receive the notice electronically.

Agreement Acceptance
This Privacy Statement may be changed or revised at any time here or elsewhere on this site. Continued usage of this site notes your acceptance of all legal and privacy terms. If you do “not” agree to the terms of this Privacy Statement please Exit the site immediately to terminate your contact with Dr. Kelly Forys Donahue.

Guarantee
UNLESS OTHERWISE EXPRESSED, www.everydaytherapist.com and Health Psychology Associates, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Contact Information
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:
Health Psychology Associates, LLC/Dr. Kelly Forys Donahue 22 East 2nd St. Suite F Frederick, MD 21701 drkelly@everydaytherapist.com