Terms and Conditions
Disclaimer
The website is owned by Keely Rodriguez, med., licensed professional counselor tx #78535 and www.mandalacounseling.com, under the employment and supervision of herein referred as (“Company”, “I”, “we”, or “us” and this “website”). the term “you” refers to the user or viewer of our website.
By viewing this website or anything made available on or through this website, including but not limited to programs, products, services, opt-in gifts, e-books, videos, webinars, blog posts, e-newsletters, consultations, e-mails, social media and/or other communication (collectively referred to as “website”), you understand and agree to accept and adhere to the following disclaimers, terms and conditions as stated in this policy (hereafter referred to as “user agreement”), along with the terms and conditions as stated in our privacy policy (please refer to the privacy policy section click here). Thus, if you do not agree to the disclaimers, terms and conditions below, stop now, and do not access or use this website.
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. This agreement is in effect as of March 14th 2024.
Privacy
Your privacy is very important to us, which is why we created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. To read our privacy policy in its entirety, click here.
Website is for Educational and Informational Purposes Only
The information provided in or through this Website is for educational and informational purposes only and solely as a self-help tool for your own use. 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.mandalacounseling.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.
Medical Disclaimer
I am a Licensed Professional Counselor who sees clients within my scope of practice in the state of Texas. Although I am an LPC, this website is not intended to provide mental health treatment and again, does not constitute a client/therapist relationship which will be established after an initial consult and signed consent. I do not provide diagnosis via this website.
The information provided on this site is not a replacement for the therapeutic relationship in psychotherapy or the coaching relationship. The information on this website is not intended to replace medical advice. I am not a Medical Provider (Physician, Psychiatrist, Nurse Practitioner, etc.).
You agree and acknowledge that I am not providing health care, medical or nutritional therapy services, or attempting to diagnose, treat, prevent or cure any physical, mental or emotional issue, disease or condition. The information provided in or through my Website pertaining to your health or wellness, exercise, relationships, business/career choices, finances, or any other aspect of your life is not intended to be a substitute for the professional medical advice, diagnosis or treatment provided by your own Medical Provider or Mental Health Provider. You agree and acknowledge that I am not providing medical advice, mental health advice, or religious advice in any way.
Always seek the advice of your own Medical Provider and/or Mental Health Provider regarding any questions or concerns you have about your specific health or any medications, herbs or supplements you are currently taking and before implementing any recommendations or suggestions from our Website.
Do not disregard medical advice or delay seeking medical advice because of information you have read on this Website. Do not start or stop taking any medications without speaking to your own Medical Provider or Mental Health Provider.
If you have or suspect that you have a medical or mental health problem, contact your own Medical Provider or Mental Health Provider promptly. The information contained on this Website has not been evaluated by the Food and Drug Administration.
Legal and Financial Disclaimer
I am not an attorney, accountant, or financial advisor, nor am I holding myself out to be. The information contained in this Website is not intended to be a substitute for legal or financial advice that can be provided by your own attorney, accountant, and/or financial advisor.
Although care has been taken in preparing the information provided to you, I cannot be held responsible for any errors or omissions, and I accept no liability whatsoever for any loss or damage you may incur.
Always seek financial and/or legal counsel relating to your specific circumstances as needed for any and all questions and concerns you now have, or may have in the future. You agree that the information on our Website is not legal or financial advice.
Personal Responsibility
You aim to accurately represent the information provided to us on or through our Website. You acknowledge that you are participating voluntarily in using our Website and that you are solely and personally responsible for your choices, actions, and results, now and in the future.
You accept full responsibility for the consequences of your use, or non-use, of any information provided on or through this Website, and you agree to use your own judgment and due diligence before implementing any idea, suggestion, or recommendation from my Website to your life, family, or business.
No Guarantees
My role, services, and any products I sell are to support and assist you in reaching your own goals, but your success depends primarily on your own effort, motivation, commitment, and follow-through.
I cannot predict and I do not guarantee that you will attain a particular result, and you accept and understand that results differ for each individual. Each individual’s results depend on his or her unique background, dedication, desire, motivation, actions, and numerous other factors.
You fully agree that there are no guarantees as to the specific outcome or results you can expect from using the information you receive on or through this Website.
Earnings Disclaimer
You acknowledge that we have not and do not make any representations as to the health, physical, mental, emotional, spiritual, or health benefits, future income, expenses, sales volume, or potential profitability or loss of any kind that may be derived as a result of your use of this Website or its Content.
We cannot and do not guarantee that you will attain a particular result, positive or negative, financial or otherwise, through the use of our Website or its Content and you accept and understand that results differ for each individual.
We also expressly disclaim responsibility in any way for the choices, actions, results, use, misuse, or non-use of the information provided or obtained through the use of our Website or its Content. You agree that your results are strictly your own and we are not liable or responsible in any way for your results.
Testimonials
All anonymous testimonials are not intended to represent or guarantee that current or future clients will achieve the same or similar results; rather, these testimonials represent what is possible for illustrative purposes only.
Assumption of Risk
As with all situations, there are sometimes unknown individual risks and circumstances that can arise during the use of my Website that cannot be foreseen and may influence or reduce results. You understand that any mention of any suggestion or recommendation on or through my Website is to be taken at your own risk, with no liability on my part.
You recognize that there is a rare chance that illness, injury, or even death could result, and you agree to assume all risks.
Limitation of Liability
By using this Website, you agree to absolve me of any liability or loss that you or any other person may incur from the use of the information, products, or materials that you request or receive through or on my Website.
You agree that I will not be liable to you, or to any other individual, company, or entity, for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages, for use of or reliance on my Website.
You agree that I do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease or condition, or any other type of loss or damage due to any act or default by me or anyone acting as our agent, consultant, affiliate, joint venture partner, employee, shareholder, director, staff, team member, or anyone otherwise affiliated with my business or me, who is engaged in delivering content on or through this Website.
Indemnification and Release of Claims
You agree at all times to defend, indemnify, and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, allegations, suits, damages, liabilities, costs, and expenses, including legal fees and expenses, or demands whatsoever, in law or equity, that may arise in the past, present, or future that is in any way related to my Website, its Content, or your breach of any obligation, warranty, representation, or covenant set forth in this agreement or in any other agreement with us.
No Warranties
We make no warranties as to our website or its content. You agree that our website and its contents are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that the website or its content will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of the website, content are free of viruses or other harmful components.
We do not warrant or make any representations regarding the use or the results of the use of our website or its content or on third-party websites in terms of their correctness, accuracy, timeliness, reliability, or otherwise.
General Disclaimer
Our website and its content are for informational and educational purposes only. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by you or others in connection with our website and its content, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time, and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable.
You specifically acknowledge and agree that we are not liable for any defamatory, offensive, or illegal conduct of any other website participant or user, including you.
Technology Disclaimer
We try to ensure that the availability and delivery of our website and its content is uninterrupted and error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance, or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction.
To the fullest extent permitted by law, we will not be liable to you for damages or refunds, or for any other recourse, should our website or its content become unavailable or access to them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our website or its content inaccessible to you.
Errors and Omissions
Although every effort is made to ensure the accuracy of information shared on or through this website, the information may inadvertently contain inaccuracies or typographical errors. You agree that I am not responsible for the views, opinions, or accuracy of facts referenced on or through my website, or of those of any other individual or company affiliated with my business or me in any way.
Because scientific, technology, and business practices are constantly evolving, you agree that I am not responsible for the accuracy of my website, or for any errors or omissions that may occur. We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information on our website or its content.
We assume no liability for errors or omissions on the website, its content, or in other information referenced by or linked to the site. You acknowledge that such information may contain inaccuracies or errors to the fullest extent permitted by law.
No Endorsement
References or links in my website to the information, opinions, advice, programs, products, or services of any other individual, business, or entity do not constitute my formal endorsement. I am merely sharing information for your own self-help only.
I am not responsible for the website content, blogs, e-mails, videos, social media, programs, products, and/or services of any other person, business, or entity that may be linked or referenced on my website. Conversely, should my website link appear on any other individual’s, business’s, or entity’s website, program, product, or services, it does not constitute my formal endorsement of them, their business, or their website either.
Affiliates
From time to time, I may promote, affiliate with, or partner with other individuals or businesses whose programs, products, and services align with mine. In the spirit of transparency, I want you to be aware that there may be instances when I promote, market, share, or sell programs, products, or services for other partners and in exchange, I may receive financial compensation or other rewards.
Please note that I am highly selective and I only promote the partners whose programs, products, and/or services I respect. At the same time, you agree that any such promotion or marketing does not serve as any form of endorsement whatsoever.
You are still required to use your own judgment to determine that any such program, product, or service is appropriate for you. You are assuming all risks, and you agree that I am not liable in any way for any program, product, or service that I may promote, market, share, or sell on or through my website.
Website Use and Consent
The words, design, layout, graphics, photos, images, information, materials, documents, data, databases, and all other information and intellectual property accessible on or through this website (“Content”) is our property and is protected by United States intellectual property laws.
If you have purchased a service, program, product, or subscription or otherwise entered into a separate agreement with us, you will also be subject to the terms of that agreement or those terms of use, which shall prevail in the event of a conflict. Online purchases have additional terms of use relating to the transaction.
By accessing or using this website and its content, you represent and warrant that you are at least 13 years old and that you agree to and abide by this agreement. If you are under 18 years of age, you agree that you are using this site with the expressed permission of your parent/legal guardian.
Any registration by, use of, or access to the website and its content by anyone under age 13, or without the expressed permission of your parent/legal guardian if you are at least 13 years of age and under 18 years of age, is unauthorized, unlicensed, and in violation of this agreement.
Copyrights/Trademarks
All content and materials available on www.mandalacounseling.com, including but not limited to text, graphics, website name, code, images, and logos are the intellectual property of www.mandalacounseling.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 www.mandalacounseling.com.
Intellectual Property Rights
Our Limited License to You. This Website and its Content are property solely owned by us and/or our affiliates or licensors, unless otherwise noted, and are protected by copyright, trademark, and other intellectual property laws.
If you view, purchase, or access our Website or any of its Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.
As a Licensee, you understand and acknowledge that this Website and its Content have been developed or obtained by us through the investment of significant time, effort, and expense, and that they are valuable, special, and unique assets of ours which need to be protected from improper and unauthorized use.
We clearly state that you may not use this Website or its Content in a manner that constitutes an infringement of our rights or that has not been authorized by us.
When you purchase or access our Website or any of its Content, you agree that:
You will not copy, duplicate, or steal our website or content. Doing anything with our website or its content that is contrary to this agreement and the limited license we are providing to you herein is considered theft, and we reserve our right to prosecute theft to the full extent of the law.
You are permitted, from time to time, to download and/or print one copy of individual pages of the website or its content for your personal, non-commercial use, provided that you give us full attribution and credit by name, keep intact all copyright, trademark, and other proprietary notices, and, if used electronically, include the link back to the website page from which the content was obtained.
You may not in any way at any time use, copy, adapt, imply, or represent that our website or its content is yours or created by you. By downloading, printing, or otherwise using our website content for personal use, you in no way assume any ownership rights of the content – it is still our property.
You must receive our written permission before using any of our website content for your own business use or before sharing with others. This means that you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, market, create derivative works, exploit, or distribute in any manner or medium (including by email, website, link, or any other electronic means) any website content because that is considered stealing our work.
We are granting you a limited license to enjoy our website and its content for your own personal use, not for your own business/commercial use or in any way that earns you money, unless we give you written permission that you may do so.
The trademarks and logos displayed on our website or its content are trademarks belonging to us, unless otherwise indicated. Any use including framing, meta tags, or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.
All rights not expressly granted in these terms or any express written license are reserved by us.
Your License to Us. By posting or submitting any material on or through our website such as comments, posts, photos, images, or videos or other contributions, you are representing that you are the owner of all such materials and you are at least 13 years old. If you are under 18 years of age, you agree that you are using this site with the expressed permission of your parent/legal guardian.
When you submit to us or post any comment, photo, image, video, or any other submission for use on or through our website, you are granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future website and its content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.
You also grant us, and anyone authorized by us, the right to identify you as the author of any of your comments, posts, photos, images, videos, or other contributions by name, email address, or screen name. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions on our website or in our content at any time for any reason.
Request for Permission to Use Content: Any request for written permission to use our content, or any other intellectual property or property belonging to us, should be made BEFORE you wish to use the content by completing the “Contact Us” form on this website or calling the office in writing.
We very clearly state that you may not use any content in any way that is contrary to this agreement unless we have given you specific written permission to do so. If you are granted permission by us, you agree to use the specific content that we allow and ONLY in the ways for which we have given you our written permission. If you choose to use the content in ways that we do not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated, and/or stolen such content from us, and you consent to immediately stop using such content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in our website and its content.
Personal Responsibility and Assumption of Risk
As a Licensee, you agree that you are using your own judgment in using our website and its content, and you agree that you are doing so at your own risk. You understand and agree that you assume all risks, and no results are guaranteed in any way related to this website and/or any of its content. This website and its content are merely to provide you with education and tools to help you make your own decisions for yourself. You are solely responsible for your actions, decisions, and results based on the use, misuse, or non-use of this website or any of its content.
Links to Other Websites: We may provide links and pointers to other websites maintained by third parties, which may take you outside of our website or its content. These links are provided for your convenience, and the inclusion of any link in our website or its content to any other website does not imply our endorsement, sponsorship, or approval of that website or its owner. We do not endorse and we are not responsible for the views, opinions, facts, advice, statements, errors, or omissions provided by external resources referenced in our website or its content, or their accuracy or reliability. We have no control over the contents or functionality of those websites and so we accept no responsibility for any loss, damage, or otherwise that may arise from your use of them. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies.
Limitations on Linking and Framing: You may establish a hypertext link to our website or content so long as the link does not state or imply any sponsorship, endorsement by, or ownership by in our website or content and does not state or imply that we are have sponsored, endorsed, or have ownership rights in your website. However, you may not frame or inline link our content without our written permission.
By purchasing and/or using our website and its content in any way or for any reason, you also implicitly agree to this full disclaimer and all terms and conditions posted on this website.
Limitation of Liability: We will not be held responsible or liable in any way for the information, products, or materials that you request or receive through or on our website and its content. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition, or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates, or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates, or otherwise who is engaged in rendering our website or its content, or in any way or in any location. 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. In the event that you use our website and its content or any other information provided by us or affiliated with us, we assume no responsibility.
Release of Claims: In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable, or consequential damages for any use of or reliance on our website and its content, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition, or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.
Responsible Use
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly, 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:
a. 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.
b. 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.
c. 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.
d. 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.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
f. You are solely responsible for 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.
g. 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;
iv. Impersonates any person or entity, including any www.mandalacounseling.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.
h. 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 www.mandalacounseling.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. All information provided as part of our registration process is covered by our privacy policy.
Your Conduct
You are agreeing that you will not use our Website or its Content in any way that causes or is likely to cause the Website, Content, or access to them to be interrupted, damaged, or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to this Website and its Content and to us.
You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website or its Content. You agree to use the Website and its Content for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.
You must use the Website and its Content for lawful purposes only. You agree that you will not use the Website or its Content in any of the following ways:
- For fraudulent purposes or in connection with a criminal offense or otherwise carry out any unlawful activity .
- To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise may injure others .
- To send, negatively impact, or infect our Website or its Content with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam, whether intended or not.
- To cause annoyance, inconvenience, or needless anxiety .
- To impersonate any third party or otherwise mislead as to the origin of your contributions .
- To reproduce, duplicate, copy or resell any part of our Website or its Content in a way that is not in compliance with this agreement or any other agreement with us.
Online Commerce
Certain sections of the Website or its Content may allow you to make purchases from us or from other merchants. If you make a purchase from us on or through our Website or its Content, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us, the merchant, and our payment processing company.
Your participation, correspondence, or business dealings with any affiliate, individual, or company found on or through our Website, all purchase terms, conditions, representations, or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a merchant.
Payment processing companies and merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain
