Terms & Conditions

Heale Counseling – Website Terms & Conditions

Effective Date: May 26, 2025

1. Definitions

“Heale,” “we,” “our,” “us.” Heale Counseling, PLLC, a Mississippi professional limited‑liability company certified by the Mississippi Department of Mental Health (DMH).

“Site.” The website located at HealeCounseling.com, its sub‑domains, and any content, portals, or mobile views we control.

“Services.” All information, telehealth encounters, messaging, scheduling, payment processing, and other features we make available through the Site.

“Content.” Text, graphics, video, audio, software, and other materials appearing on or downloadable from the Site.

“User” or “you.” Any visitor to or account holder on the Site.

“PHI.” “Protected Health Information” as defined under the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (collectively, “HIPAA”).

“Applicable Law.” All federal and state statutes, regulations, and professional standards governing the Site or Services, including HIPAA, the HITECH Act, 45 C.F.R. § 164, the DMH Minimum Standards, the Children’s Online Privacy Protection Act (COPPA), and Mississippi telemedicine rules.

2. Acceptance & Scope

By accessing or using HealeCounseling.com, you: (a) acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and our Notice of Privacy Practices (collectively, the “Agreement”); and (b) represent that you are of legal age and capacity to enter into this contract. If you do not agree to the Agreement, do not use the Site. We may modify the Agreement at any time, and your continued use constitutes acceptance of the modified Agreement.

3. Eligibility & Children’s Privacy

Not Designed for Minors. The Site is intended for adults only. It is not designed for, nor directed to, children under 18 years of age, nor do we knowingly solicit or collect personal information from minors. If you are under 18, you may not use the Site or provide any information to us through the Site. If we learn that we have inadvertently received information from a minor, we will delete that information as required by Applicable Law.

4. Modifications to the Site or Terms

We may revise these Terms or suspend, discontinue, or modify any aspect of the Site at any time. Material changes will be posted with a new “Effective Date.” Your continued use after the Effective Date constitutes acceptance of the revised Terms.

5. Description of Services

The Site facilitates secure telehealth sessions, client‑portal messaging, patient education, appointment requests, and payments for outpatient psychotherapy, psychiatry, medication‑management, Spravato® therapy, transcranial magnetic stimulation (TMS), and an Intensive Outpatient Program for Substance Use Disorders (IOP‑SUD). Telehealth services are provided only to individuals located within states where Heale’s clinicians are duly licensed at the time of service.

6. No Medical Advice – Not for Emergencies

Informational Content Only. Content on the Site is provided for general educational purposes and does notconstitute medical, psychiatric, psychological, legal, or financial advice.
No Provider–Patient Relationship. Use of the Site alone does not create a provider–patient relationship. Such a relationship arises only after you have completed intake, been accepted as a patient, and executed our separate treatment agreement and informed‑consent forms.
Emergencies. The Site is not an emergency or crisis service. If you believe you or someone else is in danger, call 911 or go to the nearest emergency department immediately.

7. Privacy, Security & Email Communications

We employ administrative, physical, and technical safeguards reasonably designed to secure PHI transmitted through the Site in accordance with HIPAA and other Applicable Law. However, email transmission is not a fully secure medium; any email you send may be intercepted by unintended recipients. If you have confidentiality concerns, use an alternative method and do not transmit sensitive or confidential information to us via email. For additional details, review our Privacy Policy.

8. Information You Provide

We reserve the right—but not the duty—to monitor your use of the Site, including any information or content you submit. You are solely responsible for all information you transmit through the Site and agree not to send, upload, or transmit content that is unlawful, threatening, libelous, defamatory, obscene, discriminatory, invasive of another’s privacy, or otherwise violates any law or confidentiality agreement. We may edit, remove, or ban such information and take any legal action we deem appropriate.

9. Submissions & User Content

Unless we expressly agree otherwise in writing, any ideas, suggestions, materials, concepts, or other information(“Submissions”) you send to us become our property upon receipt. We have unrestricted rights to use Submissions for any purpose without compensation to you. By sending a Submission, you warrant that it is original to you, that you have the right to submit it, and that it does not infringe any third‑party rights. We disclaim any obligation of confidence with respect to Submissions and any liability for disclosure or use thereof.

10. Accounts & Credentials

You are responsible for maintaining the confidentiality of your username and password and for any activity occurring under your account. Notify us immediately of unauthorized use. We may suspend or terminate your account for violation of these Terms or Applicable Law.

11. Third‑Party Websites & Links

The Site may contain links to third‑party websites or resources. Such links are provided solely as a convenience. We do not control, endorse, or assume any responsibility for third‑party websites or their content, products, or services, and we make no warranties regarding their accuracy or suitability. Your interactions with third‑party sites are solely between you and the third party. Your sole remedy for claims arising from any third‑party products or services is against the third‑party provider, not Heale.

We grant third‑party websites a limited, revocable, non‑exclusive license to link to the Site, provided the link does not frame our Content, misrepresent affiliation, or otherwise cause confusion.

12. Acceptable Use Policy

You agree not to:

Violate any Applicable Law or professional standard.
Upload, transmit, or store content that is unlawful, harmful, defamatory, obscene, harassing, or infringing.
Transmit any viruses, malware, or computer code designed to interrupt, destroy, or limit the functionality of software, hardware, or telecommunications.
Impose an unreasonably large load on the Site or interfere with another user’s enjoyment of the Site.
Transmit unsolicited commercial communications, advertisements, or “spam.”
Use automated mechanisms (bots, spiders, scrapers, crawlers, or indexing agents) to access, copy, or collect data from the Site without our prior written permission.
Impersonate any person or entity or misrepresent your affiliation with any person or entity.

13. Intellectual‑Property Rights

All Content is owned by Heale or its licensors and protected by U.S. and international copyright, trademark, and other intellectual‑property laws. “Heale Counseling” and the Heale logo are service marks of Heale Counseling, PLLC. Spravato® is a registered trademark of Janssen Pharmaceuticals and is used for reference only.

Heale grants you a revocable, non‑exclusive, non‑transferable license to download and print one copy of the Content for personal, non‑commercial use, provided you do not modify or remove proprietary notices. All other use—including reproduction, modification, public display, distribution, or systematic extraction—is prohibited without our prior written consent.

14. Fees, Insurance & Payments

All fees are described in our separate Financial Policy. You remain responsible for co‑pays, co‑insurance, deductibles, and any amounts not covered by insurance. Online payments are processed by third‑party processors; their terms and privacy policies apply.

15. Disclaimer of Warranties & Operation of the Site

THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, HEALE DISCLAIMS ALL WARRANTIES—EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE—INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‑INFRINGEMENT. HEALE DOES NOT WARRANT THAT THE SITE WILL BE AVAILABLE, UNINTERRUPTED, ERROR‑FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE TO ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION TO YOUR PROPERTY ARISING FROM YOUR USE OF THE SITE.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HEALE OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES OF ANY KIND, OR FOR ANY LOST PROFITS, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF—OR INABILITY TO USE—THE SITE OR CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HEALE’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIM SHALL NOT EXCEED US $100.00.

17. Indemnification

You agree to defend, indemnify, and hold harmless Heale and its affiliates, officers, directors, employees, and agents from and against any claims, damages, liabilities, judgments, costs, and expenses—including reasonable attorneys’ fees—arising from or relating to: (a) your use or misuse of the Site; (b) your violation of these Terms; or (c) your violation of any rights of a third party.

18. Export Compliance & Sanctions

You may not use, export, or re‑export the Site or any Content in violation of U.S. export laws, including the Export Administration Regulations or Office of Foreign Assets Control (OFAC) sanctions programs.

19. Governing Law & Venue

These Terms and any dispute arising hereunder are governed by the laws of the State of Mississippi, without regard to its conflict‑of‑laws principles. Any legal action shall be brought exclusively in the state or federal courts located in Lee County, Mississippi, and you consent to such jurisdiction and venue.

20. Statute of Limitations

Any cause of action or claim you may have arising out of or relating to these Terms or the Site must be commenced within two (2) years after the cause of action accrues; otherwise, such claim is permanently barred.

21. General Provisions

Severability. If any provision is held unlawful or unenforceable, the remaining provisions remain in full force and effect.
Assignment. You may not assign these Terms without our prior written consent; Heale may assign its rights and obligations without restriction.
Entire Agreement. These Terms, together with the documents incorporated by reference, constitute the entire agreement between you and Heale regarding the Site and supersede all prior understandings.
No Waiver. Failure to enforce any right under these Terms does not constitute a waiver of such right.
Headings. Headings are for convenience only and have no legal or contractual effect.

22. Contact Information

Heale Counseling
Attn: Privacy & Compliance Officer
Phone: (662) 205‑0098
Email: privacy@healecounseling.com
Address: PO Box 68, Tupelo, MS 38802

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