TERMS OF SERVICE


The Terms of Service contain very important information about the Client’s rights and obligations as well as limitations and exclusions that may apply to you. The terms and conditions stated herein (collectively, the “Terms”), together with the Privacy Policy, located at https://lementalcounseling.squarespace.com/privacy and incorporated herein by reference, constitute a legal and binding agreement (the “Agreement”) between you (“Client”, as defined below) and Le Mental Health Counseling , a New York professional limited liability company (“Provider”, as defined below). Please read carefully.


Definitions


The “Provider” refers to Le Mental Health Counseling PLLC and the licensed mental health counselor of Le Mental Health Counseling PLLC . An appointment with the Provider may be referred to as “Online Session” or “Session." The services detailed below under the heading Services are provided by Le Mental Health Counseling PLLC and defined as “Service” or “Services.” Any user receiving online Services from a "Provider" is defined as the “Client.” 


Terms of Service


The Terms of Service ("Terms") contained herein govern the Client’s relationship with Le Mental Health Counseling PLLC . Please read these Terms of Service carefully before using the Service. Access to, and use of the Service, is based on the Client’s acceptance of, and compliance with, these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences.


Confidentiality - Informed Consent


Services provided are strictly confidential. Personal health information (collection, use and/or disclosure of the Client’s personal health information) will not be released without informed, written consent from the Client except where required by law.


It is the Client’s responsibility to choose a private place for online sessions without others present and devoid of distractions and ensure that they are using secure equipment and a secure location.


Exceptions to confidentiality:


Confidentiality on the part of Le Mental Health Counseling PLLC may be waived (under certain circumstances) wherein the Provider is bound by law to report to legal authorities under the following circumstances:


Le Mental Health Counseling PLLC is required by law to report when;

  • Le Mental Health Counseling PLLC assesses by law that there is a risk of harm to the Client or others;

  • Le Mental Health Counseling PLLC assesses that a child may have been harmed in the past, or that a child is at risk of harm in the present or future. In all cases, Le Mental Health Counseling PLLC has a legal duty to report this;

  • Le Mental Health Counseling PLLC assesses that there is a risk to the country or threat of terrorism;

  • Le Mental Health Counseling PLLC is bound to report a colleague to their College for professional misconduct; and/or 

  • Le Mental Health Counseling PLLC is required to defend themselves against a complaint filed with their College.

  • Le Mental Health Counseling PLLC s required by a court order (subpoena), issued by a judge, this may require Le Mental Health Counseling PLLC to release information contained in records and/or require Le Mental Health Counseling PLLC to testify in a court hearing.


Sharing of Information


If it is decided between the Client and the Provider to share information for reason of referral or consultation, a formal consent form will be completed and signed in advance by the Client. The Client has the right at any time to withhold or revoke consent. The Provider does not provide completion of forms or letters for employers or for court purposes. Advance notice is required for letters of attendance.


Crisis and Emergencies


THIS SERVICE IS NOT FOR CRISIS OR EMERGENCIES.

IF THE CLIENT IS EXPERIENCING A MEDICAL OR MENTAL HEALTH EMERGENCY OR IF THE CLIENT IS PLANNING OR CONSIDERING SUICIDE OR FEEL HE OR SHE IS A DANGER TO THEMSELVES OR OTHERS, THE CLIENT MUST IMMEDIATELY CALL 911 OR GO TO THE NEAREST HOSPITAL EMERGENCY ROOM THE PROVIDER MAY DETERMINE THAT THIS SERVICE IS NOT APPROPRIATE FOR THE CLIENT'S CURRENT NEEDS.


Expectations and Demonstration of Mutual Respect


The Client shall not use any mood-altering substance the day of their Online Session. The Provider may cancel the Session if it is suspected that the Client is under the influence of alcohol or a drug which may affect cognition and comprehension. The Provider may cancel the Session if he determines in his discretion the Client’s behavior and/or conduct in the Online Session is inappropriate.


Length of Treatment


The Provider will create a treatment plan and together with the Client, will determine the length of Service. (See ‘Discharge/Termination’)


Contact Information


The Client shall ensure at all times that the Provider has current contact information. It is the Client’s responsibility to let the Provider know if there is any reason that the Provider should not leave a message when contacting the Client by phone.


Rescheduling Policy


A minimum of 24 hours’ notice is required to cancel or reschedule the Client’s Online Session without charges. The Client will be charged $100 no show fee for the missed Session, if there is less than 24 hour notice given by the Client of a need to reschedule an Online Session. There will be no refund if a Client misses or forgets to attend an Online Session.


Discharge/ Termination


Discharge of the Client and termination of the Services will occur when goals are met or the Client expresses a desire to no longer use the Service. When possible, the discharge plan will involve the Client to determine needs going forward. If there is no contact for a period of 90 days, the Client’s chart will be closed.


Termination or suspension of access to the Service may be immediate, without prior notice or liability, for any reason whatsoever, including, without limitation, if the Client breaches the Terms. All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Upon termination, the Client’s right to use the Service will immediately cease. If the Client wishes to terminate the account, the Client shall inform the Provider and discontinue using the Service.


Discharge and termination of Service will occur if there are two (2) consecutive ‘no shows’ or three (3) consecutive cancellations for scheduled appointments.


Electronic Communications


The Provider will use reasonable means to protect the security and confidentiality of electronic information sent and received, such as emails and in text counselling (SMS).


However, because of the risks outlined below, the Provider cannot guarantee the security and confidentiality of electronic communications and will not be liable for improper disclosure of confidential information that is not the direct result of intentional misconduct of the Provider. Thus, Clients must consent to the use of electronic communication that may include Client information. When the Client electronically accepts the Terms of Service, consent to the use of electronic communication is included and the Client agrees with the following conditions:

  • Use of electronic communications to discuss sensitive information can increase the risk of such information being disclosed to third parties.

  • Despite reasonable efforts to protect the privacy and security of electronic communication, it is not possible to completely secure the information.

  • Online services may have a legal right to inspect and keep electronic communications that pass through their system

  • Electronic communications can introduce malware into a computer system, and potentially damage or disrupt the computer, networks, and security settings.

  • Electronic communications can be forwarded, intercepted, circulated, stored or even changed without the knowledge or permission of the Provider or the Client.

  • Even after the sender and recipient have deleted copies of electronic communications, back-up copies may exist on a computer system.

  • Electronic communications may be disclosed in accordance with a duty to report or a court order.

  • Videoconferencing may be open to interception due to lack of user end security and use of Wi-Fi.

  • If email or text is used as an e-communication tool, the following are additional risks: Email, text messages, and instant messages can more easily be misdirected, resulting in increased risk of being received by unintended and unknown recipients; Email, text messages, and instant messages can be easier to falsify than handwritten or signed, hard copies. It is not feasible to verify the true identity of the sender, or to ensure that only the recipient can read the message once it has been sent.

  • While the Provider will attempt to review and respond in a timely fashion to the Client’s electronic communication, the Provider cannot guarantee that all electronic communications will be reviewed and responded to within any specific period of time. The Services will not be used for medical emergencies or other time-sensitive matters.

  • If the Client’s electronic communication requires or invites a response from the Provider and the Client has not received a response within a reasonable time period, it is the Client’s responsibility to follow up to determine whether the intended recipient received the electronic communication and when the recipient will respond.

  • The Client is responsible for following up on the Provider’s electronic communication and for scheduling appointments where warranted.

  • Some Services might not be used for therapeutic purposes or to communicate clinical information. Where applicable, the use of these Services will be limited to education, information and administrative purposes.

  • The Client agrees to inform the Provider in writing of any types of information the Client does not want sent via the Services, in addition to those set out above.

  • The Provider is not responsible for information loss due to technical failures associated with the Client’s software or internet service provider.


Provider-Client Electronic Communication Agreement


To communicate with the Provider providing the Service, the Client must:

  • Reasonably limit or avoid using an employer’s or other third party’s computer. Inform the Provider of any changes in the Client’s email address, mobile phone number or other account information necessary to communicate via the Services.

  • If the Services include email, instant messaging and/or text messaging, the following applies: Include in the message’s subject line an appropriate description of the nature of the communication and the Client’s full name in the body of the message. Review all electronic communications to ensure they are clear and that all relevant information is provided before sending to the Provider. Ensure the Provider is aware that you have received an electronic communication from the Provider, such as by a reply message or allowing “read receipts” to be sent. Take precautions to preserve the confidentiality of electronic communications, such as using screen savers and safeguarding computer passwords. Withdraw consent only by email or written communication to the Provider.

  • If the Client requires immediate assistance, or if the Client’s condition appears serious or rapidly worsens, the Client should not rely on the Services. Rather, the Client should call the Client’s doctor’s office or take other measures as appropriate, such as going to the nearest Emergency Department. (See ‘Crisis and Emergencies’)


Insurance Coverage


The fee may not be covered under the Client’s employer’s group benefits package and the Client needs to discuss the issue with the Client’s employer or union and is not the responsibility of the Provider. The Client is responsible for any fees not covered by the Client’s insurer.


Copyright


The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to this site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to) intellectual property rights. The copying, redistribution, use or publication by the Client of any such content or any part of this site is strictly prohibited. The Client does not acquire ownership rights to any content or document obtained through this site. The posting of information or materials on this site does not constitute a waiver of any right in such information and materials.


Indemnification


The Client agrees to indemnify and hold the Provider harmless from any liability, loss, claim and expense, including reasonable attorney fees, related to the Client's violation of the Terms.  


Non-transferable


The Client's right to use this site is not transferable. Any password or right given to the Client to obtain access is not transferable.


Changes to Terms of Service


Le Mental Health Counseling PLLC reserves the right, at its sole discretion, to modify or replace these Terms at any time. By continuing to access or use the Service after those revisions become effective, the Client agrees to be bound by the revised Terms. If the Client does not agree to the new Terms, in whole or in part, these Terms of Services (as amended) are immediately terminated and no further Services shall be provided.


Client Acknowledgment and Agreement

By agreeing to these Terms and Conditions, the Client acknowledges that he/or she has read and fully understands the Terms of Service and acknowledges to be bound by the provisions herein.


Governing Law


These Terms shall be governed and construed in accordance with the laws of the State of New York without regard to its conflict of law provisions.


The Provider’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between the Client and the Provider regarding the website and supersede and replace any prior agreements between the Client and the Provider.


Disclaimer


(1) THE INFORMATION, FORMS AND AGREEMENTS FROM OR THROUGH THIS SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE FORMS, AGREEMENTS AND DOCUMENTS MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. Le Mental Health Counseling HAS NO LIABILITY WHATSOEVER FOR THE CLIENT'S USE OF ANY INFORMATION, FORM OR DOCUMENTS. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, Le Mental Health Counseling THERAPY IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Le Mental Health Counseling THERAPY AND THE CLIENT. THIS SITE AND THE INFORMATION, FORMS, AGREEMENTS AND DOCUMENTS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

(2) All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed.



Privacy Policy


This Privacy Policy describes the types of information J. Le Therapy, a New York Professional Limited Liability Company (“J. Le Therapy”, “we”, or “us”), may collect from you or that you may provide when you visit the website, located at https://jletherapy.squarespace.com/privacy (our “Site”), and our practices for collecting, using, maintaining, protecting, and disclosing that information in connection with the services offered by Le Mental Health Counseling PLLC through the Site (the “Services”). Please read this Privacy Policy carefully to understand our policies and practices regarding your information. If you do not agree with our policies and practices, your choice is not to use our Site. By accessing or using this Site, you agree to this Privacy Policy. This Privacy Policy may change from time to time. Your continued use of this Site after we make changes is deemed to be acceptance of those changes, so please check the Privacy Policy periodically for updates.

This Privacy Policy, together with the Terms of Service, located at https://jletherapy.squarespace.com/terms (the “Terms”), constitute a legal agreement (the “Agreement”) between you and J. Le Therapy. 

Types of Information We Collect


Personal Information. Our Site may collect information that personally identifies you (“Personal Information”), which may include, but is not limited to, the following: full name; phone number; email address; health insurance plan; messages or emails to Le Mental Health Counseling PLLC regarding why you are reaching out; employment, including whether you are a student and, if so, which university you attend; and how you heard about us (e.g. through a friend, Google search, etc.).


Aggregate and Anonymous Data. Our Site may also aggregate and collect anonymous data that does not identify you specifically, including data collected automatically when you enter our Site (“Non-Personal Data”). This may include cookies, pixel tags, web beacons, browser analysis tools and web server logs. This also includes information from the devices you use to access our Site or mobile platform, your operating system type or mobile device model, browser type, domain, and other system settings, as well as the language your system uses and the country and time zone of your device. Our server logs may also record the IP addresses of the devices you use to interact with the Site. We may also collect information about a website you were visiting before you came to our Site and any website you visit after you leave our Site, if this information is supplied to us by your browser. We may also use software tools, such as Javascript, to measure and collect session information, including page response times, download errors, and methods used to browse away from the page. Non-Personal Data also includes some data collected by location services.


Children Under the Age of 16


Our Site is not intended for children under 16 years of age. No one under the age of 16 may provide any personal information on the Site. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on this Site or utilize any of its features, register on the Site, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us.


When We Collect Personal Information


We collect your Personal Information when you interact with the Site, including when you do any of the following on the Site:

  • Contact Le Mental Health Counseling PLLC through the Site;

  • Book a phone consultation via our Site;

  • Post or comment on a video or article or send an email to us;

  • Subscribe to our mailing list;

  • Open an email communication from us in your email program. We may use a software technology called “web beacons” that let us know which emails have been opened by the recipients. This allows us to know how Clients respond to certain communications and the effectiveness of our marketing campaigns.


How We Use Your Personal Information and Non-Personal Data


We use Personal Information and Non-Personal Data to:

  • Build, operate and improve our Site and the Services;

  • Provide you with the Services;

  • Perform user analytics;

  • Provide customer support;

  • Communicate with you and provide additional information that may be of interest to you such as, for example, newsletters;

  • Enforce our Terms and this Privacy Policy;

  • fulfill our legal obligations and respond to any litigation or law enforcement/government inquiry;

  • disclose as we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to protect our operations or those of any of our affiliates; (c) to protect our rights, privacy, safety or property, or property that belongs to you or others; or (d) to allow us to pursue available remedies or limit the damages that we may sustain;

  • Send you reminders, technical notices, updates, security alerts and support, and administrative messages; and

  • Manage our everyday business needs such as Site administration, analytics, fraud prevention, or to comply with the law.


We do not sell any Personal Information about you.

When and Why We Disclose Personal Information and Non-Personal Data


We may disclose Personal Information that we collect or you provide as described in this Privacy Policy:

  • To our subsidiaries and affiliates;

  • To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep Personal Information confidential and use it only for the purposes for which we disclose it to them;

  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of J. Le Therapy's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by Le Mental Health Counseling PLLC about our Clients is among the assets transferred;

  • To fulfill the purpose for which you provide it;

  • For any other purpose disclosed by us when you provide the information; or

  • With your consent.


We may also disclose your Personal Information:

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request;

  • To enforce or apply our Terms; or

  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of J. Le Therapy, our clients, or others.


We may share Non-Personal Data with analytics companies to learn information about how our Clients interact with the Site. This enables us to optimize the Service and improve our efforts. These analytics services may use cookies, web beacons and other devices and technologies to track traffic data. Data that they collect typically includes, but is not limited to, your IP address, your ISP, the browser you use to visit our Site. This Privacy Policy does not apply to, and we are not responsible for, such technologies placed by third party analytics services.

Disclosure Regarding Third-Party Access to Non-Secure Communications


When utilizing the Services, including by sending emails to and communication with Clients and the therapist, various technicians and administrators who maintain these Services may have access to the content of your communications.  Hackers can also gain access.  In some cases, these accesses are more likely than in others. Of special consideration are work email, school, or institutional email addresses. For example, if you use your work email to communicate, your employer has legal access to your email communications.

Additionally, people with access to your computer, mobile phone, and/or other devices may also have access to your email messages.  Think about who has access to which email accounts you use.  Think about the therapist receiving your email. Their email account can be hacked into.  Phones can be stolen and broken into.  Think about where you read and write these emails.  Think about who may see you and what the impact would be if that happened.

Please take a moment to contemplate the risks involved if any of these persons access your messages sent and received by email.  Also, it's important to think about how quickly you expect a response to your email. Consider if there are any risks to not receiving a reply as soon as you expect.

Links to Other Sites and Third-Party Tracking Technologies


Some content, including advertisements, on the Site are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. When you click on links and/or ad banners that take you to third-party websites, the third party may collect information about you at their website. The information they collect may be associated with your Personal Information or they may collect information, including Personal Information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. The third party may have its own privacy policies that differ from ours. We encourage you to read the posted privacy statement whenever interacting with any website you visit.

Your Choices


You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

You can opt-out of receiving our emails by following the unsubscribe instructions included in each such email or by contacting us. You can request to delete the Personal Information you have provided to us by contacting us. We will retain your information only for as long as needed to provide you the Services or as long as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.


Data Security


All information, including personal health information, you provide to us is securely transferred to us via SSL on our secure servers and stored in a privately accessible database.  We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to our Site. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.

Amendments


We reserve the right to change this policy in accordance with the amendment policy in the Site’s Terms of Service. It is our policy to post any changes we make to our Privacy Policy on this page. You are responsible for periodically visiting this Privacy Policy to check for any changes.

Limitation of Liability for Privacy


YOU UNDERSTAND AND AGREE THAT ANY DISPUTE OVER PRIVACY IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY AND TERMS OF SERVICE (INCLUDING ANY INDEMNIFICATION AND LIMITATIONS ON DAMAGES CONTAINED THEREIN).

Data Collection Limitation


This Site is directed at residents of the United States of America. We do not make any representation or warranty that this Site is appropriate or available for use in any particular jurisdiction and we do not knowingly collect Personal Information from jurisdictions outside of the United States of America.