Terms of Use

All Mental Wellness Montclair Therapy & Evaluations users agree to abide by the user policies set forth in the following User Agreement.

The https://mwmtest.site/ website (the “Site”) is an online information service provided by Mental Wellness Montclair Therapy & Evaluations (“Mental Wellness Montclair Therapy & Evaluations”), subject to your compliance with the terms and conditions set forth below. Please read this document carefully before accessing or using the Site. By accessing or using the Site, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the Site.

Mental Wellness Montclair Therapy & Evaluations reserves the right to modify this agreement at any time. Mental Wellness Montclair Therapy & Evaluations will provide notice to users of the Site that our terms of use have changed, and such modifications shall be effective immediately upon your next successful login to use the Site. Your continued access or use of the Site shall be deemed your conclusive acceptance of the modified agreement.

Mental Wellness Montclair Therapy & Evaluations will also provide notice via email to all primary contacts listed on your subscription agreement when our terms of use have changed.

1. Copyright, Licenses and Idea Submissions

The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Mental Wellness Montclair Therapy & Evaluations, its affiliates, or other third-party licensors. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, the material on the Site, including text, graphics, code and/or software. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials.

You agree to grant to Mental Wellness Montclair Therapy & Evaluations a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved services) you submit to any public areas of the Site (such as bulletin boards, forums, and newsgroups) or by e-mail to Mental Wellness Montclair Therapy & Evaluations by all means and in any media now known or hereafter developed. You also grant to Mental Wellness Montclair Therapy & Evaluations the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing, and promotional material related thereto. You agree that you shall have no recourse against Mental Wellness Montclair Therapy & Evaluations for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Mental Wellness Montclair Therapy & Evaluations.

2. Linking and Third-Party Links

You may not establish a link to this website without the express written consent of Mental Wellness Montclair Therapy & Evaluations. Please note that this website is linked to other websites that may have different terms of use. Please refer to those websites for the appropriate information. Please understand that Mental Wellness Montclair Therapy & Evaluations has no control over the content on these websites. In addition, a hyperlink to a non-Mental Wellness Montclair Therapy & Evaluations website does not mean that Mental Wellness Montclair Therapy & Evaluations endorses or accepts any responsibility for the content, or the use, of the linked website. If you decide to access any of the third-party websites linked to this website, you do so entirely at your own risk.

3. Accuracy and Integrity of Information

Mental Wellness Montclair Therapy & Evaluations makes no representation or warranty of the information’s accuracy, reliability, or completeness. The website could include typographical errors, inaccuracies, or other errors, and unauthorized additions, deletions, and alterations could be made to this website by third parties. In the event that an inaccuracy arises, please inform Mental Wellness Montclair Therapy & Evaluations so that it may be corrected.

4. No Professional Therapy or Medical Advice Given

The information on this website is for informational purposes only and is not intended as a substitute for professional mental health care, medical help, advice, diagnosis, or treatment. Always seek the advice of your therapist, counselor, physician, or other qualified healthcare provider with any questions you have regarding your mental health or medical care. Nothing in this website is intended as a recommendation or endorsement of any specific tests, products, procedures, clinical opinions, or other information that may be mentioned in this website.

Any reliance on any information provided by the website personnel, others appearing on the website at the invitation of the website, and/or other visitors to the website is solely at the user’s risk. Information on this website is not intended to create any provider-patient or therapist-client relationship. If you would like to inquire about an appointment with a Mental Wellness Montclair Therapy & Evaluations provider, please contact us directly through our official submission channels on the Site.

5. LIMITATION OF LIABILITY

Mental Wellness Montclair Therapy & Evaluations shall in no event be responsible or liable to customer or to any third party, whether in contract, warranty, tort (including negligence) or otherwise, for any indirect, special, incidental, consequential, exemplary, liquidated, or punitive damages, including but not limited to loss of profit, revenue, or business, arising in whole or in part from your access to the use of the services or these terms, even if Mental Wellness Montclair Therapy & Evaluations has been advised of the possibility of such damages. Notwithstanding anything to the contrary in these terms, Mental Wellness Montclair Therapy & Evaluations’ liability to you for any cause whatever and regardless of the form of the action, will at all times be limited to the greater of (i) the amounts paid to Mental Wellness Montclair Therapy & Evaluations by customer during the term of the service agreement or (ii) $500.00 (five hundred United States dollars).

Mental Wellness Montclair Therapy & Evaluations does not monitor or prescreen user-generated content before it is posted and does not undertake any obligation or liability related to any such content, but reserves the right to remove or edit any such content or to terminate your account for any reason. Any content uploaded or transmitted by users, other than the content provided by Mental Wellness Montclair Therapy & Evaluations, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of Mental Wellness Montclair Therapy & Evaluations.

Mental Wellness Montclair Therapy & Evaluations shall have no liability for any action or inaction regarding content provided by third parties.

6. User Submissions

Any communication or material you transmit to the website by electronic mail or otherwise that does not contain protected personal health information, including data, questions, comments, suggestions, or the like, is, and may be treated as, non-confidential and non-proprietary. You hereby grant Mental Wellness Montclair Therapy & Evaluations a perpetual, royalty-free, non-exclusive license in any copyrightable material you transmit or post to our website. Any such material may be used by Mental Wellness Montclair Therapy & Evaluations for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Mental Wellness Montclair Therapy & Evaluations is free to use any ideas, concepts, know-how, or techniques in any communication that you send to the website, for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing services.

You acknowledge that you are responsible for all information you send to the website. You may not post or transmit any information that is illegal, threatening, libelous, defamatory, obscene, ethnically or racially offensive or discriminatory, profane, infringes the copyright or other intellectual property right of any third party, invades the privacy of another person, or any other information or materials that constitute a crime, gives rise to a civil action, or otherwise violates any law or confidentiality agreement. Mental Wellness Montclair Therapy & Evaluations reserves the right to refuse to post any such message, and may take appropriate legal action.

7. Privacy

We refer you to our privacy statement for a complete discussion of how Mental Wellness Montclair Therapy & Evaluations utilizes information you communicate via our website.

8. Trademarks

All trademarks, service marks, and logos (“Trademarks”) displayed and used in this website are the property of their respective owners. Nothing in this website should be construed as granting any right or license to use any Trademark without the written permission of its owner.

9. Advertising and Publicity

You shall not use Mental Wellness Montclair Therapy & Evaluations’ name or logo in any form of publicity, promotional or advertising material, or in any communications with the media without Mental Wellness Montclair Therapy & Evaluations’ prior written consent to the specific contemplated use. Mental Wellness Montclair Therapy & Evaluations does not endorse, recommend, or approve the commercial products and services displayed on this website.

10. Revisions

Mental Wellness Montclair Therapy & Evaluations reserves the right to modify and supplement these terms at any time, without prior notice, by posting the new terms on the website. You agree to review these terms periodically to be aware of such modification and your access or use of the website shall be deemed your acceptance of the modified agreement.

11. Choice of Law and Venue

This agreement is governed by the laws of the State of New Jersey, without regard to principles of choice of laws. Any dispute arising under this agreement shall be brought exclusively in the state or federal courts of competent jurisdiction located in New Jersey, and you hereby consent to the jurisdiction and venue of those courts. Mental Wellness Montclair Therapy & Evaluations shall be entitled to court costs and attorneys’ fees in any action to enforce these Terms of Use. If any of the provisions of this agreement are held by a court or other tribunal of competent jurisdiction not to be enforceable, then such provisions shall be limited or eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect.

Legal Notice

This site is intended to provide our users with educational information only. It is not intended as mental health, psychiatric, or medical advice to any specific person. If you have any need for personal advice or have any questions regarding your health, please consult your professional care provider. The information will hopefully increase your knowledge about mental wellness, clinical evaluations, and our services.

Viruses

Mental Wellness Montclair Therapy & Evaluations cannot guarantee that any file or program available for download or execution from this site is free from viruses or other conditions which could damage or interfere with data, hardware, or software. You assume all risk for the use of all programs and files on this site. You release Mental Wellness Montclair Therapy & Evaluations of all responsibility for any consequences of its use.

Use of the Site

You understand that, except for information, products, or services clearly identified as being supplied by Mental Wellness Montclair Therapy & Evaluations, Mental Wellness Montclair Therapy & Evaluations does not operate, control, or endorse any information, products, or services on the Internet in any way. Except for Mental Wellness Montclair Therapy & Evaluations-identified information, products, or services, all information, products, and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with Mental Wellness Montclair Therapy & Evaluations.

You also understand that Mental Wellness Montclair Therapy & Evaluations cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

You assume total responsibility and risk for your site and internet use. Mental Wellness Montclair Therapy & Evaluations provides the site and related information “as is” and does not make any express or implied warranties, representations, or endorsements whatsoever (including without limitation warranties of title or noninfringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the service, any merchandise information, or service provided through the service or on the internet generally, and Mental Wellness Montclair Therapy & Evaluations shall not be liable for any cost or damage arising either directly or indirectly from any such transaction.

It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services, merchandise, and other information provided through the service or on the internet generally. Mental Wellness Montclair Therapy & Evaluations does not warrant that the service will be uninterrupted or error-free or that defects in the service will be corrected.

You understand further that the pure nature of the internet contains unedited materials, some of which may be offensive to you. Your access to such materials is at your risk. Mental Wellness Montclair Therapy & Evaluations has no control over and accepts no responsibility whatsoever for such materials.

Indemnification

You agree to indemnify, defend and hold harmless Mental Wellness Montclair Therapy & Evaluations, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Service from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.

Survival

The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Linking and Third-Party Links), 5 (Limitation of Liability), 6 (User Submissions), and 11 (Choice of Law and Venue) shall survive any termination of this Agreement.

Miscellaneous

This Agreement shall all be governed and construed in accordance with the laws of the United States of America applicable to agreements made and to be performed in the United States of America. You agree that any legal action or proceeding between Mental Wellness Montclair Therapy & Evaluations and you for any purpose concerning this Agreement or the party’s obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the United States of America. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

Mental Wellness Montclair Therapy & Evaluations’ failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Mental Wellness Montclair Therapy & Evaluations may assign its rights and duties under this Agreement to any party at any time without notice to you.

Any rights not expressly granted herein are reserved.

Use of Communication Services

This Practice website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

• Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
• Conduct or forward surveys, contests, pyramid schemes, or chain letters.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
• Violate any applicable laws or regulations.

This Practice has no obligation to monitor the Communication Services. However, this Practice reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. This Practice reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations.

Liability Disclaimer

The information, software, products, and services included in or available through this practice website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. This practice and/or its suppliers may make improvements and/or changes in this practice website at any time. Advice received via this practice website should not be relied upon for personal, medical, legal, or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

This practice and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on this practice website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. This practice and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by applicable law, in no event shall this practice and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of this practice website, with the delay or inability to use this practice website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through this practice website, or otherwise arising out of the use of this practice website, whether based on contract, tort, negligence, strict liability or otherwise, even if this practice or any of its suppliers has been advised of the possibility of damages.

Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of this practice website or with any of these terms of use, your sole and exclusive remedy is to discontinue using this practice website.