Terms of Use

Last modification: June 3, 2011

Please read this Agreement carefully before accessing or using this Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website. If these terms and conditions are considered an offer by David Bissette, Psy.D. and HealthyMind Blog, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

This Website is hosted by WordPress/Automattic, a major host of blogs in the United States. In that light, the Terms of Service of WordPress/Automattic and Privacy Policy of WordPress/Automattic also apply to this site and should be read by those who access this site. It is understood that WordPress may experience problems that are beyond the control of Dr. Bissette and HealthyMind Blog and that Dr. Bissette and HealthyMind Blog are not responsible for the consequences of any errors WordPress may commit or problems they may experience. This includes the possibility that the security of WordPress may be breached at some time. If this happens Dr. Bissette and HealthyMind Blog are not responsible if a reader of this Website or subscriber to this Website suffer the theft of a user name/password combination stolen an email address, along with any results of that theft. Security for this Website against cyber attack is the sole responsibility of WordPress.

Blog Content: All content provided on this Website is for informational purposes only. The owner of this Website makes no representations as to the accuracy or completeness of any information on this site or anything found by following any link on this site. Dr. Bissette and HealthyMind Blog will not be liable for any errors or omissions in this information nor for the availability of this information. The Website may contain content containing technical inaccuracies, typographical mistakes, and other errors.

Dr. Bissette and HealthyMind Blog will also not be liable for any losses, injuries, or damages from the display or use of this information. The information and opinions expressed on this Website are general in nature and may not apply to any individual reader in their current, past, or future circumstances. The content of this Website should not be construed to be professional therapeutic advice. Professional therapeutic advice should be obtained in person from a mental health professional with whom a professional relationship has been established. The ideas and thoughts offered on this Website are simply being offered for the consideration of its readers in conjunction with their own opinions and other sources of information.

Replies/Comments: Replies and Comments are public posts made by readers of this website or by Dr. Bissette in response to the Comments and Replies of readers. If you wish to have a Reply or Comment that you posted on this website removed, you may request that it be removed by Dr. Bissette and HealthyMind Blog. However, once the Reply or Comment has been posted, removal and the timing of any removal are at the option and availability of Dr. Bissette and HealthyMind Blog to do so. It is likely that a request to have a Reply or Comment removed will be honored, but this is not guaranteed. In the case when a Reply or Comment is not removed, it is likely, but not guaranteed, that Dr. Bissette will remove all identifying information from the message at the request of the reader who posted it. Replies and Comments that are hostile or defamatory will not be published.

Confidentiality of Comments/Replies: The Comment/Reply forms on these pages are designed by WordPress, the host of this Website. For individuals who are not registered as a WordPress user the forms include a place for name, email, and any associated website they may desire to list. Emails are not published, according to the label that WordPress places on the form. However, they are forwarded to Dr Bissette. When Comments and Replies are left by registered users of WordPress, the Comment or Reply will automatically include the user name of the individual, their blog address, and their email address when it is revealed to Dr. Bissette and HealthyMind Blog by WordPress.

Though Dr. Bissette has indicated at the top of the home page of this Website that Replies/Comments are public, he may remove last names and websites from Replies or Comments to protect against the event that people who posted Comments and Replies mistakenly thought they were mailing him a private message. This is not guaranteed, however. In addition, if the author of the Comment or Reply is a professional in a mental health field who appears to be responding from a professional, rather than personal, viewpoint, Dr. Bissette may opt to leave the full name and website link since it may be of interest to his readers. This is entirely at the discretion of Dr. Bissette and HealthyMind Blog, depending on the relevance of the writer’s website to Dr. Bissette and HealthyMind Blog’s purpose for this Website.

Dr. Bissette approves each comment before it is posted, and he will attempt to do so in a timely manner, though this may not be possible. Prompt posting of comments is not guaranteed.

Messages to Dr. Bissette and HealthyMind Blog: Messages to Dr. Bissette and HealthyMind Blog are communicated via the form provided by WordPress at the TOP of the page labeled “Contact Me”. This is the only means provided in this Website to contact Dr. Bissette directly and privately (within the limits of the Privacy Policy of WordPress.) These messages will be emailed to him and will not appear on the Website. The purpose of these messages can be varied, but it is understood that they are not a form of psychotherapy or a replacement for professional help in the resolution of personal problems in any way.

The same is true about reading this Website. Neither reading this Website nor sending or exchanging messages directly with Dr. Bissette and HealthyMind Blog constitutes the formation of a professional relationship, and Dr. Bissette will not offer therapeutic advice about a specific situation via email. All professional, therapeutic relationships with Dr. Bissette must be established in person at his place of business with appropriate Informed Consent and Acceptance of Professional Policies Regarding Psychotherapy forms having been signed by the client.

Content Posted on Other Websites: Dr. Bissette and HealthyMind Blog have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which this Website links and that link to this Website. Dr. Bissette and HealthyMind Blog do not have any control over those websites and webpages, and are not responsible for their contents or their use. By allowing a link to a website or webpage to appear in a post, a comment/reply by Dr. Bissette and HealthyMind Blog, or a comment/reply left by a reader, Dr. Bissette and HealthyMind Blog do not represent or imply that they endorse such website or webpage.

Responsibility of Blog Visitors for Computer Safety: You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content, whether from this Website or other websites and webpages that you learn of or link to from this Website. Dr. Bissette and HealthyMind Blog disclaim any responsibility for any harm to your computer resulting from your use of Website or other websites and webpages that you learn of or link to from this Website.

Copyright Infringement: As Dr. Bissette and HealthyMind Blog asks others to respect his intellectual property rights, he respects the intellectual property rights of others. If you believe that material located on or linked to by this website violates your copyright, you are encouraged to notify Dr. Bissette and HealthyMind Blog via the Website or via contact information on HealthyMind.com. They will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.

Inadvertent Copyright Infringement by Readers: Though quotes from the work of other authors are believed to be lawfully contained in this Website, it is possible that this Website may contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Dr. Bissette disclaims any responsibility for any harm to readers because of copyright infringement, whether on this website, a website that is linked from this Website, or a site that links to this Website, or from any downloading by those visitors of content there posted.

Intellectual Property: This Agreement does not transfer from Dr. Bissette and HealthyMind Blog to you any HealthyMind Blog or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Dr. Bissette and HealthyMind Blog.

Changes: Dr. Bissette and HealthyMind Blog reserve the right, at their sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Dr. Bissette may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Disclaimer of Warranties: The Website is provided “as is”. Dr. Bissette and HealthyMind Blog hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of fitness for a particular purpose and non-infringement. Neither Dr. Bissette nor HealthyMind Blog makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

General Representation and Warranty: You represent and warrant that (i) your use of the Website will be in strict accordance with the HealthyMind Blog Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification: You agree to indemnify and hold harmless Dr. Bissette and Healthy Mind from and against any and all claims and expenses, including attorney’s fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Miscellaneous: This Agreement constitutes the entire agreement between Dr. Bissette and HealthyMind Blog and you concerning the subject matter hereof, and it may only be modified by the posting by Dr. Bissette and HealthyMind Blog of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement and any access to or use of the Website will be governed by the laws of the state of, Virginia, U.S.A., excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Alexandria, Virginia. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (JAMS) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in either Washington, DC or Alexandria, Virginia, in the English language, and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Dr. Bissette and Healthy Mind may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

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