TERMS OF SERVICE

Last updated: February 6th, 2024.

Welcome to A. Davies Therapy, operated by Andreana Davies, a registered Associate Marriage and Family Therapist (#140046). These Terms of Service ("Terms") govern your use of A. Davies Therapy (referred to as "Website" or "Site") and any related Services ("Services") provided by Andreana Davies.

By accessing A. Davies Therapy or using any of the Services provided, you agree to be bound by these Terms. If you do not agree to these Terms, please refrain from using the Site.

1. Use of Services

a. A. Davies Therapy is intended for informational purposes only. It provides information about psychotherapy services, resources related to mental health, and information about Andreana Davies, AMFT and their practice.

b. The information provided on A. Davies Therapy is not intended to substitute for psychotherapy services, professional advice, diagnosis, or treatment by a qualified mental health professional. Always seek the advice of a qualified mental health professional with any questions you may have regarding a mental health condition.

c. Andreana Davies reserves the right to modify, suspend, or discontinue any part of A. Davies Therapy or the services provided at any time without prior notice.

2. User Content

a. Users may have the opportunity to submit comments, questions, or other content ("User Content") on the Site. By submitting User Content, you grant Andreana Davies a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media.

b. You acknowledge that Andreana Davies may edit or remove User Content for any reason without notice.

c. Engaging with the Site in any way, including submitting User Content, does NOT establish a client/therapist relationship between you and Andreana Davies.

3. Privacy

a. The Site collects and processes personal information in accordance with its Privacy Practices. By using the Site, you consent to such collection and processing and warrant that all data provided by you is accurate.

b. Andreana Davies takes reasonable measures to protect the security of your personal information on the Site, but cannot guarantee its absolute security.

4. Intellectual Property

a. All content on the Site, including but not limited to text, graphics, logos, images, audio clips, and software, is the property of Andreana Davies or its licensors and is protected by copyright, trademark, and other intellectual property laws.

b. You may not reproduce, modify, distribute, or publicly display any content from the Site without the prior written consent of Andreana Davies.

5. Copyright Infringement Policy

a. Prohibited Activities: Users are strictly prohibited from posting any content that infringes upon the intellectual property rights of others, including but not limited to copyright, trademark, or proprietary rights. This includes posting content that you do not have the legal right to distribute or reproduce.

b. Responsibility: Users are solely responsible for the content they post on the Site. By submitting content, you warrant that you have the necessary rights or permissions to do so and that your content does not violate any third-party rights.

c. Copyright Infringement: If you believe that any content posted on the Site infringes upon your copyright or the copyright of others, please notify Andreana Davies immediately. Andreana Davies will investigate the complaint and take appropriate action, which may include removing the infringing content and/or terminating the account of the user responsible for the infringement.

d. No Tolerance: Andreana Davies has a zero-tolerance policy for copyright infringement. Users who repeatedly violate this policy may be permanently banned from accessing the Site and its Services.

e. Disclaimer: Andreana Davies is not responsible for monitoring or screening user-generated content for copyright infringement. However, Andreana Davies will take prompt action upon receiving a valid copyright infringement notification.

f. Reporting Infringement: If you believe that your copyright has been infringed upon, please contact Andreana Davies immediately with the following information:

• Your contact information (name, address, email, phone number)

• A description of the copyrighted work that has been infringed

• The location (URL) of the infringing content on the Site

• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law

• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf

By using the Site, you agree to abide by this Copyright Infringement Policy. If you have any questions or concerns regarding copyright infringement, please contact Andreana Davies for assistance.

6. Limitation of Liability

a. Andreana Davies shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses resulting from the use or inability to use the Site or any services provided.

7. Governing Law

a. These Terms shall be governed by and construed in accordance with the laws of California, USA, without regard to its conflict of law principles.

8. Changes to Terms

a. Andreana Davies reserves the right to modify or replace these Terms at any time. What constitutes a material change will be determined at Andreana Davies' sole discretion.

By using the Site after any modifications to these Terms, you are agreeing to be bound by the revised terms. If you do not agree to the new terms, please stop using the Site.

9. No Client-Therapist Relationship

a. Disclaimer: Your use of this Website, including any messaging or communication with Andreana from the Site, does not establish a client-therapist relationship. While Andreana Davies may provide information about psychotherapy services and resources related to mental health, engaging with the Site or contacting Andreana Davies does not constitute or imply the formation of a professional relationship.

b. Informational Purposes Only: The content provided on this website is for informational purposes only and is not intended to serve as professional advice, diagnosis, or treatment. Always seek the advice of a qualified mental health professional with any questions or concerns you may have regarding a mental health condition.

c. No Substitute for Therapy: Andreana Davies encourages individuals to seek appropriate professional assistance for their specific needs. The information provided on this website is not a substitute for psychotherapy services provided by a licensed mental health professional.

d. Limited Scope: Any communication with Andreana Davies through messaging features on this website is limited to general inquiries and does not constitute a therapeutic relationship. Andreana Davies cannot provide therapy or counseling services through electronic communication without a formal, in-person or telehealth evaluation, and establishment of a professional relationship.

e. No Duty of Care: Andreana Davies does not assume any duty of care or legal obligation to individuals who use this Site or communicate with Andreana Davies through messaging features. Any information provided is not a substitute for professional assessment and intervention.

f. Seeking Treatment: If you are experiencing a mental health crisis or require immediate assistance, please contact emergency services or seek help from a qualified mental health professional in your area.

By using this Site and communicating with Andreana Davies, you acknowledge and agree to the above disclaimer regarding the establishment of a client-therapist relationship. If you do not agree to this disclaimer, please refrain from using this Site or contacting Andreana Davies.

10. Limitations of Messaging Security

a. Messaging Platform: While Andreana Davies endeavors to protect the privacy and confidentiality of your information, it's important to note that messaging through the Site may not provide the same level of security as dedicated healthcare communication platforms.

b. Security Risks: Despite our best efforts, messaging through the Site may be susceptible to security risks, such as interception or unauthorized access. While the Site employs security measures to protect data transmission, it's essential to be aware of the inherent limitations of using general-purpose messaging platforms for sensitive information.

c. Encryption: The Site utilizes encryption to protect data transmission between users and the platform. However, it's important to understand that encryption alone may not fully mitigate the risk of unauthorized access or interception.

d. Third-Party Risks: Additionally, messaging through the Site involves the use of third-party services and infrastructure, which may introduce additional security risks beyond Andreana Davies' control.

e. Risk Acknowledgment: By choosing to communicate with Andreana Davies through the Site messaging features, you acknowledge and accept the inherent risks associated with using a general-purpose messaging platform for sensitive information.

f. Alternative Communication Channels: If you have concerns about the security of messaging through the Site, Andreana Davies encourages you to consider alternative communication channels, such as phone calls or secure messaging platforms specifically designed for healthcare communication.

g. Confidentiality Best Practices: To help mitigate security risks, Andreana Davies recommends avoiding the transmission of sensitive or confidential information through the Site messaging and instead utilizing alternative methods for discussing sensitive matters.

By continuing to communicate with Andreana Davies through the Site messaging, you acknowledge and accept the limitations of messaging security inherent to the platform. If you have any concerns or questions about privacy and security, please contact Andreana Davies for assistance.

11. Cancellation and Refund Policy

The following policies apply to you if you are a psychotherapy client of Andreana Davies, AMFT. All psychotherapy clients of Andreana Davies, AMFT agree to the following when completing their intake paperwork.

a. Cancellation Policy: If you need to cancel or reschedule a scheduled therapy session, please provide at least 24 hours' notice. You can cancel your appointment by contacting Andreana Davies directly through the contact information provided on the Site or provided to you during your free call/consultation. Appointments canceled with less than 24 hours' notice will be charged the full session fee.

b. Refund Policy: Refunds are issued on a case-by-case basis. If you are dissatisfied with your service, please contact Andreana Davies to discuss your concerns. Refunds may be provided at the discretion of Andreana Davies based on the circumstances of the situation.

c. No-Show Policy: If you fail to attend a scheduled appointment without providing at least 24 hours’ prior notice, you will be charged the full cost of the missed session.

d. Exceptions: In certain circumstances, such as emergencies or unforeseen events, Andreana Davies may waive the cancellation fee or offer a refund. Please contact Andreana Davies as soon as possible if you encounter such circumstances.

Please note that these policies are subject to change at the discretion of Andreana Davies. If you have any questions or concerns regarding the cancellation and refund policy, please contact Andreana Davies for clarification.

12. Payment Methods

a. Accepted Payment Methods: Andreana Davies accepts credit card and debit card payment for psychotherapy services rendered. All payments are processed by Kathryn Diaz, Inc., Andreana Davies’ employer.

b. Payment Terms: Payment is due at the time of service.

c. Billing and Invoicing: Andreana Davies will provide clients with a detailed invoice and/or super bill outlining the services provided and the associated charges upon request. Invoices and super bills are provided in electronic format through the secure client portal.

d. Insurance: Andreana Davies does not accept insurance payments from any insurance providers. Clients are responsible for verifying their insurance coverage and understanding their out-of-network benefits and limitations. All fees are the responsibility of the client and must be paid at the time of service.

e. Payment Security: Andreana Davies takes the security of your payment information seriously. All payment transactions are processed securely and comply with industry standards for data protection.

f. Refunds: Refunds for services rendered are subject to the cancellation and refund policy outlined above. Refunds for overpayments or billing errors will be issued promptly upon notification and verification of the error.

g. Payment Disputes: In the event of a payment dispute, please contact Andreana Davies to resolve the issue promptly and amicably. Disputes will be handled in accordance with applicable laws and regulations.

h. Changes to Payment Methods: Andreana Davies reserves the right to change accepted payment methods or update payment terms at any time. Clients will be notified of any changes to payment methods or terms in advance.

If you have any questions or concerns regarding payment methods or billing, please contact Andreana Davies for assistance.

13. No Guarantee

a. Disclaimer of Guarantees: Andreana Davies makes no guarantees, representations, or warranties of any kind, express or implied, regarding the accuracy, completeness, reliability, suitability, or availability of the information provided on the Site or the Services offered.

b. Use at Own Risk: All information and services provided on the Site are provided on an "as is" and "as available" basis. Users acknowledge and agree that they use the Site and its Services at their own risk.

c. No Warranty: Andreana Davies disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and title.

d. No Endorsement: Any views, opinions, recommendations, referrals, or advice expressed on the Site are those of Andreana Davies and do not necessarily reflect the views, opinions, recommendations, or advice of any affiliated organizations, licensors, or partners.

e. Limitation of Liability: In no event shall Andreana Davies be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses arising out of or in connection with the use or inability to use the Site or its Services.

f. No Responsibility for Third-Party Content: Andreana Davies does not endorse, control, or assume responsibility for any third-party content, products, services, advertisements, or websites that may be linked to or accessed from the Site.

g. No Legal or Professional Advice: The information provided on the Site is for informational purposes only and should not be construed as legal, medical, or professional advice. Users are encouraged to seek appropriate professional advice or care for any specific concerns.

h. No Guarantee of Results: Andreana Davies does not guarantee any specific results from the use of the Site or its Services.

14. Disclaimer Regarding Referrals

a. No Responsibility for Referrals: Andreana Davies may provide referrals to other mental health professionals, organizations, or resources for the convenience of users. However, Andreana Davies does not endorse, guarantee, or assume responsibility for the quality of services provided by these referrals.

b. Independent Evaluation: Users are solely responsible for evaluating the suitability, qualifications, and credentials of any mental health professional, organization, or resource referred by Andreana Davies.

c. No Liability: In no event shall Andreana Davies be liable for any damages, losses, or disputes arising out of or in connection with the use of referrals provided on the Site.

d. No Endorsement: Referral to a specific mental health professional, organization, or resource does not constitute an endorsement, recommendation, or guarantee of their services by Andreana Davies.

e. Independent Relationships: Any relationship entered into between users and referred mental health professionals, organizations, or resources is independent of Andreana Davies, and Andreana Davies shall not be liable for any interactions or outcomes resulting from such relationships.

f. User Discretion: Users are encouraged to exercise caution and discretion when seeking services or resources based on referrals provided by Andreana Davies.

15. Contact Us

If you have any questions about these Terms, please contact Andreana Davies at ADaviesTherapy@gmail.com.

Thank you for visiting A. Davies Therapy!

These Terms govern

• the use of this Application, and,

• any other related Agreement or legal relationship with the Owner

in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.