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Disclaimers, Terms of Use, and Privacy Policy

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Disclaimers

Susanne Morgan, LMFT makes the following disclaimers related to The EMDR Readiness Course:

 

 Last Updated: 6/5/2018

 

1.     The information provided in the course does not constitute the provision of medical or other professional health care treatment services, nor does it constitute the practice of medicine or other professional health care services.

 

2.     No client/therapist relationship is formed by watching or attending this course. 

 

3.     The course is intended and only suitable for individuals 18 years of age and above.

 

4.     The information provided in the course is not intended to serve as medical or other professional health care advice and is not intended to be used for diagnosis or treatment of any condition or symptom. 

 

5.     You should never disregard professional advice or delay in seeking treatment based on the information contained in the course.

 

6.     The course is not intended to be a substitute for therapy.  Each person has unique needs, and the course cannot take these individual differences into account.  You should consult your physician or other qualified health care provider regarding any specific questions you may have.

 

7.     The video portion of each module is intended to be viewed in its entirety prior to the practice of any of the exercises included in that module.  The course is designed in this manner to provide optimal preparation for each of the included exercises.

 

8.     The course is intended to be similar to a self-help book as the concepts are generally applicable principles and are not based on a personalized assessment, treatment planning, pacing, and safety precautions that would be provided in therapy. 

 

9.     The course is provided for general informational and educational purposes only and is aimed at furthering an individual’s readiness for treatment with a trained Eye Movement Desensitization and Reprocessing (EMDR) therapist.

 

10.  Watching, attending, or practicing the exercises in the course does not guarantee that an individual will be ready for trauma memory processing with a trained EMDR therapist. 

 

11.  You should stop the course and consult with a therapist trained in EMDR therapy at any time if you feel overwhelmed or feel that your mental health or ability to keep yourself or others safe is at risk.  This also applies for mental health professionals taking the course as a practicum for training purposes.  The course does not provide emergency or crisis support.  A non-comprehensive list of resources is included below:

 

a.    Emergency Services (United States): Dial 911

 

b.    EMDR International Association 

Find a Therapist Directory:  www.emdria.org

Telephone: (512) 451-5200

Email:  [email protected]

 

c.     National Suicide Prevention Lifeline

Telephone: 1-800-273-TALK (8255)

Website: www.suicidepreventionlifeline.org

 

12.  For mental health professionals: Taking the course does not constitute a supervisory or consultation relationship. 

 

13.  For mental health professionals: The course is not intended to provide clinical advice for any specific case.  Mental health professionals using the course for training are solely responsible for the clinical decisions made in the treatment of their clients/patients and should exercise their own best judgment in all relevant clinical matters in application of the concepts presented in the course.

 

Susanne Morgan, LMFT makes the following disclaimers related to The Readiness Course for EMDR Clinicians:

 

1.  The course is intended for training purposes and only suitable for individuals independently licensed or credentialed to practice psychotherapy in her/his jurisdiction, who have completed an EMDRIA-Approved Basic Training Course in EMDR therapy.

 

2.  The video portion of each module is intended to be viewed in its entirety prior to the practice of any of the exercises included in that module. The course is designed in this manner to provide optimal preparation for each of the included exercises.

 

3.  Taking the course does not constitute a supervisory or consultation relationship.

 

4.  The course is not intended to provide clinical advice for any specific case. Mental health professionals using the course for training are solely responsible for the clinical decisions made in the treatment of their clients/patients and should exercise their own best judgment in all relevant clinical matters in application of the concepts presented in the course.

 

5.  The information provided in the course does not constitute the provision of medical or other professional health care treatment services, nor does it constitute the practice of medicine or other professional health care services.

 

6.  No client/therapist relationship is formed by watching or attending this course.

 

7.  As this course includes a practicum component for training purposes, you should stop the course and consult with a therapist trained in EMDR therapy at any time if you feel overwhelmed or feel that your mental health or ability to keep yourself or others safe is at risk. The course does not provide emergency or crisis support.

 

A non-comprehensive list of resources is included below:           

 

a.  Emergency Services: Dial 911

 

b.  EMDR International Association

     Find a Therapist Directory:  www.emdria.org

     Telephone: (512) 451-5200

     Email: [email protected]

 

c.  National Suicide Prevention Lifeline

     Telephone: 1-800-273-TALK (8255)

     Website: www.suicidepreventionlifeline.org

 

Terms of Use

Last Updated: 2/2/2018

 

A.    Agreement to Terms of Use

 

The following Terms of Use (“Terms” or “Agreement”) govern your access to and use of Susanne Morgan, LMFT’s (“SM”) website (the “Site”), and all other services SM provides (the “Services”).  Please read the Terms carefully.  Your use of the Site and Services constitutes your agreement to be bound by all terms.  If you disagree with one or more of the terms or find them unacceptable in any way, please do not use the Site or Services.

 

This Agreement is divided into two parts.  Part One explains all of the terms that govern your use of the Site and Services.  Part Two contains additional legal terms, including provisions that limit SM’s liability to you and require individual arbitration for any potential legal dispute.  To use the Site and Services, you must accept all of the terms of this Agreement.

 

B.    Changes to Terms of Use

 

SM has the right to change or add to the terms of this Agreement at any time by posting the amended Terms on the Site.  Any use of the Services after publication of any such changes shall constitute your acceptance of the Terms as modified.  However, any Dispute that arose before the modification shall be governed by the Terms (including the binding individual arbitration clause) that was in place when the Dispute arose.

 

 

1.    Part One: Terms Governing Use of the Site and Services

 

1.1.  Emergencies

 

THE SITE IS NOT AN EMERGENCY-RESPONSE OR EMERGENCY-MONITORING SERVICE AND ANY PERSON WHO IS AWARE OF AN EMERGENCY SITUATION OR BELIEVES THAT A PERSON MAY BE AT RISK OF INJURY OR DEATH OR WHO MAY HARM THEMSELVES OR ANOTHER PERSON SHOULD DIAL “911” OR AN APPROPRIATE EMERGENCY RESPONDER.  SM IS UNDER NO OBLIGATION TO MONITOR OR RESPOND TO COMMUNICATIONS MADE TO THE SITE.

 

1.2.  Age Limitations

 

The Site and the Services are intended and only suitable for individuals 18 years of age and above. Some of the content on the Site may not be appropriate for children.  Children under the age of 13 are not permitted to use the Site.  SM strongly recommends that children between the ages of 13 and 17 ask their parent’s or guardian’s permission before viewing the Site.  SM hereby disclaims all liability for use by individuals under the age of 18. 

 

1.3.  Information on the Site is Not Professional Advice

 

All data, information, text, graphics, links, and other material on the Site are provided as a convenience to Site visitors.  The information provided on the Site is for general informational and educational purposes only.  The information provided on the Site is not intended to serve as medical or other professional advice and is not to be used for diagnosis or treatment of any condition or symptom.  Information provided on the Site does not constitute the provision or practice of medical or professional health care advice or services.

 

You should consult your physician or other qualified health care provider regarding any specific questions you may have.  You should never disregard professional advice or delay in seeking treatment based on the information contained on the Site or other websites linked to or from it.

 

1.4.  Restricted Use

 

You may use the Site only to the extent that you obey all laws, rules, and regulations applicable to your use of the Site.

 

1.5.  Your Privacy

 

Upon acceptance of these Terms you confirm that you have read, understood, and accepted SM’s Online Privacy Policy.

 

1.6.  Registration

 

Registration is not required to view certain content on the Site. However, to use some parts of the Site and Services you may be required to register and provide certain information about yourself, including your e-mail address and password (“Credentials”). If you become a registered member of the Site, you accept responsibility for all activities that occur under your registration account.  You agree to provide true, accurate, complete, and correct information at the time of registration, and to promptly update this information as needed so that it remains true, accurate, complete, and correct.  You should keep your Credentials private and not share your Credentials with anyone else.  You are responsible for maintaining the confidentiality of your Credentials.  If you believe someone has accessed the Site using your Credentials without your authorization, e-mail us immediately at [email protected]

 

1.7.  Transactions

 

If you wish to purchase products or services described or linked to on the Site (each such purchase, a “Transaction”), SM or the third party provider of the product or service will request certain information from you that is applicable to your Transaction, including, without limitation, credit card and other payment and shipping information.  You understand that, if any such information is provided to SM, then SM shall treat any such information in the manner described in the Online Privacy Policy.  By supplying such information, you grant SM the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf.  You agree to pay all charges incurred by you or any users of your membership account or credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred, including, without limitation, all shipping and handling charges.  You shall also be responsible for paying any applicable taxes relating to your purchases.  YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MECHANISM USED IN CONNECTION WITH ANY TRANSACTION.

 

Descriptions or images of, or references to, products or services on the Site do not imply SM’s endorsement of such products or services.  SM reserves the right, without prior notification, to change such descriptions or references, to limit the order quantity on any product or service and/or to refuse service to you.  Verification of information applicable to a purchase may be required prior to SM’s acceptance of any order.  Price and availability of any product or service are subject to change without notice.  SM is not responsible for errors in the prices or descriptions of any product or service.  Refunds and exchanges shall be subject to SM’s and/or any applicable third party’s refund and exchange policies in effect at the time of the applicable Transaction.  Current rates for any product or service available through the Site may be obtained by sending an email to [email protected]

 

1.8.  Social Media and Online Communities

 

SM may provide you opportunities to share information on third party social media sites or platforms such as Facebook, Instagram, LinkedIn, Twitter, Google+, or other similar sites (collectively, “Social Media Sites”).  SM may also provide you opportunities to participate in online communities on such Social Media Sites and may host discussion boards, chats, and other forums on the Site.  For example, you may use your Instagram handle and tag your photos and postings (“Tagged Content”) with hashtags that SM may provide from time to time in order to submit your Tagged Content for potential use on the Site.  If you post Tagged Content with hashtags as SM may provide from time to time, your activity and participation is governed by these Terms.  Additionally, you remain responsible for your compliance with other applicable terms and conditions such as those of Instagram or other Social Media Sites.  Without limitation of any other obligations, you agree that you will be respectful of others and their privacy and will not submit photos of others without their express permission. 

 

If you participate in SM online community, discussion board or other forum, you agree that anything you submit is being provided by you voluntarily, on a non-confidential basis, and without any compensation due to you and you grant SM a perpetual, worldwide, royalty-free, transferable, and sub-licensable, right and license to use, copy, distribute, modify, create joint and derivative works, your content, postings and Tagged Content in any form or format.  You further agree that (a) you will not post, transmit, or link to any material, websites, Tagged Content or other information or content that is libelous, defamatory, false, obscene, indecent, lewd, violent, abusive, threatening, harassing, discriminatory, or an expression of political or hate speech; (b) you may only post, upload or transmit photos or materials for which you have the copyright or other permission to distribute electronically citing the original source; (c) you may not violate, plagiarize, or infringe on the rights of third parties, including copyright, trademark, trade secret, privacy, personal, publicity, moral or proprietary rights; (d) you agree that any Tagged Content or materials you post or upload will be owned by you or be in the public domain; (e) you may not intentionally post, create, upload or transmit any software or other material that contains a virus or other harmful code or device; (f) you may not solicit other users, or distribute advertising, for products or services through the Site, distribute chain letters or messages, mass mailings or bulk email or other bulk messages, or gather email addresses for the purpose of sending bulk email or other messages to other users of the Site; (g) if you choose to submit Tagged Content or post items in public or “chat” portions of the Site, such material, information, photographs, and other information you post in these public or group areas is available to the other individuals using Site and SM does not warrant, guarantee or otherwise take steps to prevent other users from copying, displaying, uploading, transmitting or otherwise using your material, information, photographs or other information for any purpose whatsoever; (h) you will always use caution in posting personally identifying information, and never exchange personal financial information, address, phone numbers or other personal information; (i) you will not post any material that violates any law or regulation; (j) you will not impersonate any other person or use the identity of some other living person; and (k) your postings will truthfully reflect your own experience. 

 

SM may terminate or restrict your access to any SM online community, including access through the Site.

 

1.9.  Selection and Removal of Tagged Content

 

SM will review Tagged Content and select certain Tagged Content for posting on the Site; SM makes no guarantee that your Tagged Content will be posted.  Notwithstanding the foregoing, you remain fully responsible and liable for your Tagged Content and its compliance with these Terms, other applicable terms of use and applicable laws.  If your Tagged Content is posted to the Site, you may request removal of your Tagged Content by marking it as “private” in your Social Media Site account or by emailing us at to [email protected]

 

1.10.               Monitoring

 

SM has no obligation to monitor any related websites, chats, discussion boards or any other materials that you or third parties transmit or post on or to the Site or related websites, if any. However, you acknowledge and agree that SM has the right (but not the obligation) to monitor the Site, discussion boards, the chats, and the materials you transmit or post; to alter or remove any such materials (including, without limitation, any posting to a chat or discussion board); and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly, to protect SM, SM’s sponsors, and SM’s other clients and visitors, and to comply with legal obligations or governmental requests.

 

1.11.               Copyright Notice

 

The Site is owned and operated by SM.  The entire contents and design of the site are protected by U.S. and international copyright law.  All rights regarding the Site and materials contained on the Site are either owned by SM, are licensed to SM, or are used with permission.  SM and SM’s licensors retain and reserve all proprietary rights to the contents of the Site.

 

You may not copy, republish, upload, post, display, transmit, or frame any of these materials without prior written consent from SM.  You may link to, view, download, use, display and print a single copy of the materials found on the Site only for personal, noncommercial, and informational purposes as long as:  (1) you do not alter or modify the materials in any way; (2) you include all applicable copyright, trademark and other notices and disclaimers; and (3) you do not use the materials in a way that suggests an association with SM or an affiliated entity.  All such copies must include, at a minimum, the following copyright notice:  “Copyright © [current year] Susanne Morgan. All rights reserved.” Any other use of the Site or the information contained here is strictly prohibited.  SM may terminate the above license at any time for any reason.  If you breach any of these terms your license terminates immediately and automatically and without notice.  Upon the termination of this license you must stop using the Site, including all content, and return or destroy all copies, including electronic copies, of the content in your possession or control.

 

1.12.               Copyright Infringement – DMCA Notice

 

The Digital Millennium Copyright Act (the “DMCA”) provides remedies for copyright holders who believe in good faith that material appearing on the Internet infringes their rights under copyright law.  If you believe in good faith that content or material on the Site infringes a valid copyright owned by you, you (or your agent) may send SM a notice requesting that the material be removed, or access to it blocked.  This request should be sent to: [email protected]

 

The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.  If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice.  Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA.  Notices and counter-notices with respect to the Site should be sent to the address above. 

 

1.13.               Trademark Notice

 

SM names and logos and all related product and service names, design marks, and slogans are the trademarks or service marks of SM.  All rights are reserved.  You are not authorized to use any SM name or mark in any advertisement, publicity or in any other commercial manner without prior written consent of SM.  All other trademarks appearing on the Site are the property of their respective owners.  

 

1.14.               Security

 

SM has implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure.  However, SM cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

 

 

2.    Part Two: Additional Legal Terms

 

2.1.  Representation and Warranties

 

You represent and warrant to us that:  (a) you are at least eighteen (18) years of age; and (b) your use of the Site will be in compliance with these Terms.

 

2.2.  No Warranties

 

USE OF THE SITE IS AT YOUR OWN RISK.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SM OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.  WITHOUT LIMITING THE FOREGOING, SM, AND SM’s RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES, AND CONTRACTORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

 

SM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SM WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

 

2.3.  Indemnity

 

BY VISITING THE SITE, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS SM, AND ANY AFFILIATED SM ENTITY, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES (COLLECTIVELY, “SM PARTIES”) FROM AND AGAINST ALL CLAIMS, ACTIONS, DEMANDS, LIABILITIES, JUDGMENTS, SETTLEMENTS, COSTS, LOSSES, DAMAGES, TAX ASSESSMENTS, PENALTIES, INTEREST AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) ARISING OUT OF ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR ANY OTHER CLAIM YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES , INCLUDING, WITHOUT LIMITATION, ANY CLAIMS FOR DEFAMATION, VIOLATION OF PUBLICITY OR PRIVACY, COPYRIGHT OR TRADEMARK INFRINGEMENT RESULTING FROM YOUR SUBMISSIONS OF ANY CONTENT, TAGGED CONTENT OR OTHER MATERIALS, ANY ECONOMIC HARM, LOST PROFITS, DAMAGES TO BUSINESS, DATA OR COMPUTER SYSTEMS, OR ANY DAMAGES RESULTING FROM RELIANCE ON ANY CONTENT OR RESULTING FROM ANY INTERRUPTIONS, WORK STOPPAGES, COMPUTER FAILURES, DELETION OF FILES, ERRORS, OMISSIONS, INACCURACIES, DEFECTS, VIRUSES, DELAYS OR MISTAKES OF ANY KIND, EVEN IF YOU HAVE PREVIOUSLY ADVISED SM OF THE POSSIBILITY OF SUCH CLAIM.

 

2.4.  Limitation of Liability and Damages

 

THE USER’S SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND ANY OF ITS SERVICE IS TO STOP USING THE SITE OR SERVICE.  YOU AGREE THAT UNDER NO CIRCUMSTANCE SHALL ANY OF SM PARTIES BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THE SITE OR THE MATERIALS ON THE SITE.  THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY.  THIS PROTECTION COVERS ALL LOSSES AND CLAIMS OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.

 

2.5.  Disputes

 

If a dispute of any kind arises, SM wants to understand and address your concerns quickly and to your satisfaction.  Please contact SM at [email protected] with any dispute.  If SM cannot resolve your concerns, SM agrees to an informal and inexpensive dispute resolution process requiring individual arbitration.  “Disputes” between you and SM, including SM’s affiliates, agents, employees, or contractors are defined for the purposes of these Terms to include any claim, controversy, or dispute (whether involving contract, tort, equitable, statutory, or any other legal theory) between you and SM including, but not limited to, any claims relating in any way to these Terms (including its breach, termination, or interpretation), any other aspect of our relationship, SM advertising, and any use of SM services.

 

2.6.  Binding Individual Arbitration

 

You and SM agree to arbitrate all Disputes.  Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly.  Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can.  ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ONLY BE ON A INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED, AND YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS ACTION AGAINST SM.  If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration).  All Disputes shall be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by ADR Services, Inc. according to this provision and the applicable arbitration rules for that forum.  Consumer claimants (individuals whose transaction is intended for personal, family, or household use) may elect to pursue their claims in their local small-claims court rather than through arbitration.  The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies.  If you are a consumer bringing a claim relating to personal, household, or family use, any arbitration hearing will occur within the county or parish where you reside.  Otherwise, any arbitration hearing will occur in Encinitas, California, or another mutually agreeable location, or a location ordered by the arbitrator.  The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.  If you prevail on any claim for which you are legally entitled to attorney’s fees, you may recover those fees from the arbitrator.  For any claim where you are seeking relief, SM will not seek to have you pay its attorneys’ fees, even if fees might otherwise be awarded, unless the arbitrator determines that your claim was frivolous.  For purposes of this arbitration provision, references to you and SM also include respective subsidiaries, affiliates, agents, employees, contractors, predecessors, successors, and assigns.

 

2.7.  Jurisdiction

 

Information provided on SM’s Site is not targeted to users in any particular locality nor is it intended to constitute the doing of business in any jurisdiction.

 

The Site is a service provided by SM and does not constitute any contact with any jurisdiction outside the State of California.  Use of the Site is prohibited in any jurisdiction having laws that would void this Agreement in whole or essential part or which makes accessing the Site illegal.  Users in such jurisdictions visit and use the Site entirely at their own risk.  Note:  the essential parts of this Agreement include, without limitation, the exclusive remedy provisions and the warranty disclaimers.

 

This Agreement is entered into and performed in the State of California, United States of America.  It is governed by and shall be construed under the laws of California, exclusive of any choice of law or conflict of law provisions.

 

2.8.  Requests for Information

 

If you contact SM and request information about programs or services, SM will use your email or postal address to provide the information you requested.  You agree that SM may use and share information you provide us as described in the Online Privacy Policy.

 

2.9.  Limitation on Time to Initiate a Dispute

 

Unless otherwise required by law, an action or proceeding by you relating to any Dispute must commence within one year after the cause of action accrues.

 

2.10.               Links to Other Websites

 

SM’s Site may contain links to third party websites as a convenience to you.  The inclusion of any website link does imply an approval, endorsement, or recommendation by SM.  You agree that you access any such website at your own risk, and that the site is not governed by the terms and conditions contained in these Terms.  SM expressly disclaims any liability for these websites.  Please remember that when you use a link to go from the Site to another website, the Online Privacy Policy is no longer in effect.  Your browsing and interaction on any other website, including those that have a link on the Site, is subject to that website’s own rules and policies.

 

2.11.               Downloadable Files and Email

 

SM cannot and does not guarantee or warrant that email or files available for downloading from its Site will be free of viruses or other code that may contaminate or destroy data on your computer.  You are responsible for implementing sufficient protective procedures and checks to maintain the accuracy of your data for maintaining a data back-up or other means for the reconstruction of any lost data.  SM does not assume any responsibility or risk for damage to your computer or its files related to your use of the Site or Services.

 

2.12.               Notice for California Users

 

If you have a question or complaint regarding the Services provided to you by SM please contact us at [email protected] to receive further information regarding the Services or to resolve the complaint.  You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by telephone at (800) 952-5210 or TDD (800) 326-2297, or in writing at Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834. 

 

2.13.               Assignment

 

You may not assign any rights or obligations under this Agreement without SM’s prior written consent.  SM may assign all or part of this Agreement.

 

2.14.               Survival

 

All sections of this Agreement which, by their nature are designed to survive expiration or termination of this Agreement, including but not limited to indemnity and limitation of liability clauses, shall survive.

 

2.15.               Waiver

 

No waiver of any of these terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

 

2.16.               Notices

 

You agree that SM may provide any and all notices to you by e-mail, telephone, fax, as well as by any other method.

 

2.17.               Severability

 

If any of the provisions of this Agreement are held unenforceable by a court or other tribunal of competent jurisdiction, then those provisions shall be limited or eliminated to the minimum extent necessary to allow the remainder of this Agreement to retain its full force and effect.

 

2.18.               Entire Agreement; Amendment

 

This Agreement constitutes the entire agreement between you and SM applicable to its subject matter.  It may not be modified except as described elsewhere in this Agreement.

 

2.19.               Conflicting Terms

 

Anything on the Site inconsistent or in conflict with the terms of this Agreement is superseded by the terms of this Agreement.

 

2.20.               Contact Information

 

Please contact SM with any questions or concerns regarding this Agreement at:

 

Susanne Morgan, LMFT

2210 Encinitas Blvd, Ste G1

Encinitas, CA 92024

Phone: 760-452-2776

Fax: 760-452-2899

Email: [email protected]

Privacy Policy

Last Updated: 2/2/2018

 

1.    Please Read Carefully

 

This Online Privacy Policy describes the information Susanne Morgan, LMFT (“SM”) collects about you though her website (the “Site”), how SM uses and shares that information, and the privacy choices offered to you.  This policy applies to information collected when you access or use the Site.

 

2.    Changes to this Online Privacy Policy

 

SM may change this Online Privacy Policy from time-to-time.  If SM makes changes, SM will notify you by posting the updated policy on the Site and revising the “Last Updated” date above.  SM encourages you to review the Online Privacy Policy whenever you use the Site to stay informed about SM’s information practices and about ways you can help protect your privacy.

 

3.    Use of Site

 

Your access to and use of the Site are subject to certain terms and conditions, which are set forth in the Terms of Use.

 

4.    Collection of Information

 

4.1.  Information You Provide

 

SM collects information you provide, such as when you email her, sign up through the Site, or submit information through the Site.  SM may collect, but is not limited to collecting, the following information: your name, email address, mailing address, phone number, sex, employer name, job title, date of birth, and issues SM can help you with.

 

4.2.  Children

 

SM does not knowingly collect or maintain personally identifiable information from persons under 13 years of age without verifiable parental consent, and no part of the Site is directed at persons under 13.  If you are under 13 years of age, then please do not use the Site.  If SM learns that personally identifiable information of persons less than 13 years of age has been collected without verifiable parental consent, then SM will take the appropriate steps to delete this information.  To make such a request, please contact SM at [email protected]

 

4.3.  Information SM Collects from Your Use of the Site

 

SM collects information about you when you use the Site, including, but not limited to, the following:

 

·      Account Information.  When you register with SM using the Site to create an account and become a registered user, you will need to provide SM with certain personally identifiable information to complete the registration, including information that can be used to contact or identify you and credit card or other billing information in some cases.

 

·      Device Information.  SM may automatically collect certain information about the computer or devices (including mobile devices) you use to access the Site.  For example, SM may collect and analyze information such as (a) IP addresses, geolocation information (as described in the next section below), unique device identifiers and other information about your mobile phone or other mobile device(s), browser types, browser language, operating system, the state or country from which you accessed the Site; and (b) information related to the ways in which you interact with the Site, such as: referring and exit pages and URLs, platform type, the number of clicks, domain names, landing pages, pages and content viewed and the order of those pages, the amount of time spent on particular pages, the date and time you used the Site, the frequency of your use of the Site, error logs, and other similar information.  As described further below, SM may use third-party analytics providers and technologies, including cookies and similar tools, to assist in collecting this information.

 

·      Location Information.  SM may collect different types of information about your location, including general information (e.g., IP address, zip code) and more specific information (e.g., GPS-based functionality on mobile devices used to access the Site), and may use that information to customize the Site with location-based information, advertising, and features.  For example, if your IP address indicates an origin in Los Angeles, California, the Site may be customized with Los Angeles-specific information and advertisements.  In order to do this, your location information may be shared with SM’s agents, vendors or advertisers.  If you access the Site through a mobile device and you do not want your device to provide SM with location-tracking information, you can disable the GPS or other location-tracking functions on your device, provided your device allows you to do this.  See your device manufacturer’s instructions for further details.

 

·      Cookies and Other Electronic Technologies.  SM may use the tools outlined below in order to better understand users.  As SM adopts additional technologies, SM may also gather additional information through other methods.

 

o   Cookies: “Cookies” are small computer files transferred to your computing device that contain information such as user ID, user preferences, lists of pages visited and activities conducted while using the Site.  SM uses Cookies to help SM improve or tailor the Site by tracking your navigation habits, storing your authentication status so you do not have to re-enter your credentials each time you use the Site, customizing your experience with the Site, and for analytics and fraud prevention. 

 

SM may use a type of advertising commonly known as interest-based or online behavioral advertising.  This means that some of SM’s business partners use Cookies to display SM ads on other websites and services based on information about your use of the Site and on your interests (as inferred from your online activity).  Other Cookies used by SM’s business partners may collect information when you use the Site, such as the IP address, mobile device ID, operating system, browser, web page interactions, the geographic location of your internet service provider, and demographic information such as sex and age range.  These Cookies help SM learn more about SM’s users’ demographics and internet behaviors. 

 

For more information on cookies, visit http://www.allaboutcookies.org.

 

o   Web Beacons: “Web Beacons” (a.k.a. clear GIFs or pixel tags) are tiny graphic image files imbedded invisibly in a web page or email that may be used to collect anonymous information about your use of the Site, the websites of selected advertisers, and the emails, special promotions or newsletters that SM sends you.  The information collected by Web Beacons allows SM to analyze how many people are using the Site, using the selected advertisers’ websites or opening SM’s emails, and for what purpose, and also allows SM to enhance SM’s interest-based advertising.

 

o   Website Analytics: SM may use third-party website analytics services in connection with the website, including, for example, to register mouse clicks, mouse movements, scrolling activity and text that you type into the website or mobile application.  These website analytics services generally do not collect personal information unless you voluntarily provide it and generally do not track your browsing habits across websites which do not use their services.  SM uses the information collected from these services to help make the website easier to use.

 

o   Mobile Device Identifiers: Mobile device identifiers are data stored on your mobile device that may track mobile device and data and activities occurring on and through it, as well as the applications installed on it.  Mobile device identifiers enable collection of personal information (such as media access control, address and location) and traffic data.  Mobile device identifiers help SM learn more about SM’s users’ demographics and internet behaviors.

 

4.4.  Information from Third Parties

 

SM may obtain additional information about you from third parties such as marketers, partners, researchers, and others.  SM may combine information that SM collects from you with information about you that SM obtains from such third parties and information derived from any other subscription, product, or service SM provides.

 

4.5.  Aggregate or De-identified Data

 

SM may aggregate and/or de-identify information collected by the Site or via other means so that the information is not intended to identify you.  SM’s use and disclosure of aggregated and/or de-identified information is not subject to any restrictions under this Online Privacy Policy, and SM may disclose it to others without limitation for any purpose, in accordance with applicable laws and regulations.

 

5.    Use of Information

 

SM uses the information that SM collects for the following purposes:

 

·      For the purposes for which you provided the information;

·      To contact you when necessary or requested;

·      To personalize your experience with the Site by informing you of products, programs, events, services, and promotions of SM, SM’s affiliates, SM’s partners and/or third parties that SM believes may be of interest to you (see the “Opt-In Policy” below);

·      To fulfill your purchase from us, including, to process your payments, communicate with you regarding your purchase or provide you with related customer service;

·      To provide, maintain, administer, improve, or expand the Site, perform business analyses, or for other internal purposes to support, improve or enhance SM’s business, the Site, and other products and services SM offers;

·      To customize and tailor your experience of the Site;

·      To send mobile notifications (you may opt-out of this service)

·      To send emails and other communications that display content that SM thinks will interest you and according to your preferences;

·      To send you news and information about the Site;

·      To track and analyze trends and usage in connection with the Site;

·      To better understand who uses the Site and how SM can deliver a better user experience;

·      To combine information received from third parties with the information that SM has from or about you and use the combined information for any of the purposes described in this Online Privacy Policy;

·      To use statistical information that SM collects in any way permitted by law, including from third parties in connection with their commercial and marketing efforts;

·      To prevent, detect, and investigate security breaches, fraud, and other potentially illegal or prohibited activities;

·      To enforce the legal terms that govern your use of the Site;

·      To protect SM’s rights or property;

·      To administer and troubleshoot the Site; and

·      For any other purpose disclosed to you in connection with the Site. 

 

SM may use third-party service providers to process and store personal information in the United States and other countries.

 

6.    Sharing of Information

 

SM may share personal information about you as follows:

 

·      With third parties to provide, maintain, and improve the Site, including service providers who access information about you to perform services on SM’s behalf;

 

·      With SM’s affiliates and partners so that they may use such information for the purposes described in this Online Privacy Policy;

 

·      With SM’s affiliates, partners or other third parties to allow them to contact you regarding products, programs, services, and promotions that SM and/or they believe may be of interest to you (See the “Opt-In Policy” below);

 

·      In connection with, or during the negotiation of, any merger, sale of company stock or assets, financing, acquisition, divestiture or dissolution of all or a portion of SM’s business (but only under non-disclosure and confidentiality agreements and protections);

 

·      If SM believes that disclosure is reasonably necessary to comply with any applicable law, regulation, legal process or governmental request; to enforce applicable user agreements or policies; to protect the security or integrity of the Site; and to protect us, SM’s users or the public from harm or illegal activities; and

 

·      With your consent.

 

SM may also share aggregated, non-personally identifiable information with third parties.

 

7.    Opt-In Policy

 

When you supply SM with personally identifiable information in connection with your use of the Site, you may be asked to indicate whether you are interested in receiving information from SM about SM’s product and service offerings and if you would like SM to share personally identifiable information about you with SM’s affiliates, partners or other third parties for their marketing purposes.  If you do choose to opt-in, you will receive such communications and/or SM will share your information in accordance with your “opt-in” consent.

 

You may, of course, choose not to receive additional marketing information from SM or choose not to allow SM’s sharing of your personally identifiable information as follows: At any time, you can follow a link provided in SM’s marketing-related email messages (but excluding e-commerce confirmations and other administrative emails) to opt out from receiving such communications; or at any time, you can contact SM in accordance with the “Contact Information” section below to opt out from receiving such communications.

 

If you decide to contact SM to change your contact preferences to opt out of receiving communications from SM, please specify clearly which of the following choices you are opting out of: (a) Receiving marketing communications from SM; (b) Allowing SM to share personally identifiable information about you with SM’s affiliates and partners for their marketing purposes; and/or (c) Allowing SM to share personally identifiable information about you with other third parties for their marketing purposes.

 

SM will endeavor to implement your requested change as soon as reasonably practicable after receiving your request.  Please be aware that your requested change will not be effective until SM implements such change.  Please note that if you choose not to allow SM’s sharing of your personally identifiable information, SM is not responsible for removing your personally identifiable information from the databases of third parties with which SM has already shared your personally identifiable information as of the date that SM implements your request.  If you wish to cease receiving marketing-related e-mails from these third parties, please contact them directly or utilize any opt-out mechanisms in their privacy policies or marketing-related e-mails.

 

Please note that if you do opt-out of receiving marketing-related messages from SM, SM may still send you important administrative messages.  You cannot opt-out from receiving these administrative messages.  SM reserves the right, from time to time, to contact former customers or users of the Site for administrative purposes or in order to comply with applicable laws, rules or regulations.

 

8.    Social Media and Third Party Platforms

 

Certain sections or functionalities on the Site may permit you to share information on third party social media sites or platforms such as Facebook, Instagram, LinkedIn, Twitter, Google+, or other similar sites (collectively, “Social Media Sites”).  SM does not own or control such Social Media Sites, and posting your information on Social Media Sites is subject to the third party’s Online Privacy Policy and other legal terms, which may not provide privacy protections with which you agree.  SM is not responsible for any act or omission of any Social Media Site, nor is SM responsible for the consequences of your choosing to share your information on Social Media Sites. 

 

9.    Security

 

SM takes reasonable measures, including administrative, technical, and physical safeguards, to help protect personal information from loss, theft, misuse, unauthorized access, disclosure, alteration, and destruction.  Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure.  As a result, while SM strives to protect your personal information, SM cannot ensure or warrant the security of any information you transmit to SM or from SM’s online products or services, and you do so at your own risk. 

 

10.Your Privacy Choices

 

10.1.               How You Can Access and Update Your Information

 

You may update or correct information about yourself at any time or by emailing SM at [email protected]

 

10.2.               Cookies

 

Most web browsers are set to accept cookies by default.  If you prefer, you can usually choose to set your browser to remove or reject cookies; however, the Site may not function properly if you do so.

 

10.3.               Options for Opting out of Cookies and Mobile Device Identifiers

 

If you are interested in more information about interest-based advertising and how you can generally control cookies from being put on your computer to deliver tailored advertising, you may visit the Network Advertising Initiative’s Consumer Opt-Out link, the Digital Advertising Alliance’s Consumer Opt-Out link or TRUSTe’s Advertising Choices Page to opt-out of receiving tailored advertising from companies that participate in those programs.

 

Please note that even after opting out of interest-based advertising, you may still see SM’s advertisements that are not interest-based (i.e., not targeted toward you).  Also, opting out does not mean that SM is no longer using its tracking tools—SM still may collect information about your use of the Site even after you have opted out of interest-based advertisements and may still serve advertisements to you via the Site based on information it collects via the Site.

 

10.4.               How SM Responds to Browser “Do Not Track” Signals

 

SM is committed to providing you with meaningful choices about the information collected on the Site for third-party purposes, and that is why SM provides above the Network Advertising Initiative’s “Consumer Opt-out” link, Digital Advertising Alliance’s Consumer Opt-Out Link, and TRUSTe’s Advertising Choices page.  However, SM does not recognize or respond to browser-initiated Do Not Track signals, as the Internet industry is currently still working on Do Not Track standards, implementations and solutions.  For more information about DNT signals, visit http://allaboutdnt.com.

 

10.5.               Links to Other Websites

 

The Site may contain links to other websites and those websites may not follow the same privacy practices as SM.  SM is not responsible for the privacy practices of third party websites.  SM encourages you to read the privacy policies of such third parties to learn more about their privacy practices.

 

10.6.               Your California Privacy Rights

 

California law permits users who are California residents to request and obtain from SM once a year, free of charge, a list of the third parties to whom SM has disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those parties.  If you are a California resident and would like to request this information, please submit your request in an email to [email protected]

 

10.7.               No Rights of Third Parties

 

This Online Privacy Policy does not create rights enforceable by third parties.

 

10.8.               Contact Information

 

Please contact SM with any questions or concerns regarding this Online Privacy Policy at:

 

Susanne Morgan, LMFT

2210 Encinitas Blvd, Ste G1

Encinitas, CA 92024

Phone: 760-452-2776

Fax: 760-452-2899

Email: [email protected]

 

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