Well-Aware Website and Services Terms of Use

 

Last revision: June 2025.

 

GENERAL

Well-Aware, PLLC (“Well-Aware” or “we” or “us” or “our”) operates at https://www.well-aware.org (“Website”). The following are the Terms and Conditions (“Terms of Use”) which govern your access and use of our Website and any functionalities, services or features offered via or in connection with the Website. By accessing or using the Website, you agree to be bound by these Terms of Use and any other terms and policies referenced on the Site. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE NOT PERMITTED TO USE THE WEBSITE OR THE SERVICES

 

​

OUR SERVICES

The services advertised by this Website offers are online (“Tele-Health”) or offline (“In-person Session”) therapeutic support services (collectively referred to as “Services”) designed to provide primarily talk-based therapeutic engagement for individuals in need of them. These Services are aimed at addressing various mental health challenges, including those stemming from adverse childhood experiences, past trauma, broken relationships, and other psychological difficulties.

 

Our Services allow customers to report their health history and engage with our skilled therapists (“Therapist(s)”) to receive the Services we offer. New or existing customers to the Website may use its functionality to send general or specific inquiries or learn more about the Services offered. The Website does not provide any platform for the facilitation of services and the information contained therein should never be used as a substitute for speaking with a professional or seeking clinical guidance. The delivery of professional services and/or clinical judgement rendered by associated Therapists, are the sole responsibility of the respective Therapist and the users should speak with them to ensure their suitability for their individual needs.

 

If you utilize the Services, you acknowledge and agree to the following:

• You may not schedule Tele-Health or In-person Sessions with the Therapist who delivers the Services through the website. You must contact a Therapist directly for scheduling.

• All requests for Tele-Health or In-person Sessions are subject to the acceptance by the Therapist, who retains full discretion to accept or decline any such request.

• Therapists are responsible for the professional services they provide and must ensure compliance with all applicable laws, regulations and licensing requirements applicable to their profession.

• Upon submission of a message or request, you expressly grant permission for the Website to provide your personal data to the Therapist. By attending the consultation, whether via video or in-person, you confirm that you are the individual responsible for the use of the Services or an individual authorized to share information and coordinate on their behalf. + Failure to provide accurate or complete identification may result in denial of the Services. The Therapist reserves the right to decline Tele-Health or In-person Session requests at their sole discretion.

• The Services provided through the Website are not intended for worldwide use.

 

​

PRIVACY

In using the Website or any Services provided by Well-Aware, we will collect, use, process and disclose your personal data as necessary to provide you with our Services. Those entering into an agreement for the provision of Services will be made aware of privacy and confidentiality specifics regarding Service provision as a part of their consent for those Services. Any information shared via the Website will not be sold, kept, or used in any way other than establishing contact as requested, or for the purpose of providing Services.

 

Well-Aware complies with local healthcare privacy and security laws and implements robust safeguards to protect the confidentiality and security of your personal data and health information. The information you share with your Therapist during Tele-Health or In-person Sessions are treated as confidential and will only be disclosed under specific legal circumstances (refer to service consents provided during intake for more information). All other information is securely stored by Well-Aware or a third-party provider, in full compliance with HIPAA.

​

​

RIGHT TO MODIFY

We reserve the right to modify, add to or remove portions of these Terms of Use at our sole discretion and at any time. Such modification will apply on a going-forward basis.

 

Modifications to these Terms of Use will be effective immediately upon posting on our Website. We will notify users or customers via email of any major changes that may affect their use of the Website or Services.

 

We encourage you to periodically review these Terms of Use. Your continued use of the Website following the posting of modifications constitutes your acceptance of and agreement to be bound by the revised Terms of Use.

 

​

DISCLOSURE

Notwithstanding any section or clause in this Terms of Use, all clinical records generated from your use of the Services will be securely maintained by Well-Aware. These records will be stored for a period no less than the minimum required by United States law, which is a minimum of six years. Should Well-Aware cease operation, your healthcare records or personal data will be securely destroyed to maintain confidentiality. 

​

You have the right to access your healthcare records at any time during the six-year period. We reserve the right to amend our records retention and destruction policies at any time, as may be required by law or regulatory updates. Any changes will be posted on the Website and continued use of the Services will constitute your acceptance of these changes.

Only the Therapist whom you have engaged in services with will have access to your healthcare records. We do not facilitate the transfer of your healthcare records to a third party and do not maintain records on our Website. Except as otherwise provided by law, we do not share any of your healthcare records or personal data with third parties, unless it is necessary to comply with the legal obligations, protect your safety or with your express consent. By using the Services, you acknowledge and consent to such potential disclosure if legally required. 

​

If you request the deletion of all your healthcare records from Well-Aware, you release Well-Aware from any responsibility related to your prior interactions with the Website and the Therapist.

 

​

WEBSITE LINKS

We are not responsible or liable for any information, software, content, or links provided on any external websites, internet locations, or other sources of information outside of our Site. Your use of such external information, software, or links, and any actions or omissions by the operators of such websites, are entirely at your own risk. We disclaim all liability for any loss or damage arising from your reliance on, or interaction with, external websites and their respective operators.

 

​

OWNERSHIP

The Website and all of its contents, features, and functionality including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof are owned by Well-Aware, its licensors, or other providers of such materials. These are protected under United States Copyright Law, as well as international copyright, trademark, patent, trade secret, and other intellectual property laws.

 

Your use of the Website is limited to personal, non-commercial purposes only. You are prohibited from reproducing, distributing, modifying, creating derivative works from, publicly displaying, publicly performing, republishing, downloading, storing, or transmitting any material from our Website, except as expressly permitted through the Website according to these Terms of Use. Commercial use of any part of the Website or any Services or materials available through the Website is strictly prohibited.

 

​

TRADEMARK

Certain names, logos, and other materials displayed on the Website or in the Services may constitute trademarks, trade names, service marks, or logos ("Marks") of Well-Aware or other entities. You are not authorized to use any such Marks without the express written permission of Well-Aware.

​

Ownership of all Marks and the associated goodwill remains with Well-Aware or the respective entities. Unauthorized use of any Marks may result in legal action.

​

Nothing in this Terms of Use grants you any rights, title or interest in or to any Marks. Any goodwill generated through your use of the Marks shall accrue solely to Well-Aware or the respective entities that own the Marks.

 

​

DISCLAIMER OF WARRANTIES

You expressly agree that your use of the Website or Services is at your own risk. The Websites or Services are provided on an “as is” and “as available” basis. Well-Aware disclaims all warranties, whether express or implied, including but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, title, operability, condition, quiet enjoyment, accuracy of data, and system integration. No advice or information obtained from Well-Aware, whether oral or written, shall create any warranty not expressly stated herein.

 

​

INDEMNIFICATION

Certain of the names, logos, and other materials displayed on the Site or in the Services may constitute trademarks, trade names, service marks or logos ("Marks") of Well-Aware or other entities. You are not authorized to use any such Marks without the express written permission of Well-Aware. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.

​

You agree to fully indemnify, defend and hold harmless Well-Aware, its officers, directors, employees, agents, subsidiaries, affiliates, licensors and suppliers from and against any and all claims, actions, demands, liabilities, losses, damages or settlements, including, without limitation, reasonable legal and accounting fees (“Claims”), in connection with or arising from or related to:

​

• any information or content which you can submit, post, transmit, communicate, send, publish, upload or otherwise make available through the Website;

• your breach of this Term of Use and any terms relating to your use of the Website;

• your access or use of the Website;

• any action taken by us either as part of our investigation of any suspected breach of the Term of Use or as a result of our finding or decision that a breach of this Term of Use has occurred; and

• any improper use of the Website or Services.

 

​

LIMITATION OF LIABILITY

Well-Aware, its officers, directors, employees, agents, subsidiaries, affiliates, licensors, and suppliers ("Indemnitees") shall not be liable for any claim, damage, or loss of any kind, whether direct or indirect, arising out of or in connection with your use of, or reliance on, the Website. This includes but is not limited to, any incidental, special, indirect, or consequential damages resulting from or related to the use of, reliance on, or inability to use the content, products, services, or any other information made available through the Website or its features. This extends to any alleged infringement of rights, loss of data, profits, goodwill, anticipated savings, reputation, business, or business opportunity, regardless of the cause and even if the Indemnitees have been advised of the possibility of such damages.

 

The Indemnitees shall not, under any circumstances, be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including but not limited to, damages for loss of profits, data corruption or loss, failure to transmit or receive data, business interruption, or any other commercial damages or losses arising from your use of, or inability to use, the Website or any third-party software or services integrated with the Website, regardless of the theory of liability (whether based on contract, tort, or otherwise), and even if the Indemnitees have been advised of the possibility of such damages.

 

In the event that Well-Aware is found liable for any damages, it shall only be responsible for direct losses that could reasonably be expected to arise from the relevant circumstances, and only to the extent such losses are caused by gross negligence or willful misconduct of Well-Aware.

 

​

GEOGRAPHICAL RESTRICTIONS

Our Services are available only to users in the United States who reside in the states where Therapists are licensed to provide services. Upon using the Website to schedule a consultation, the Therapist will ask about your place of residence as a part of verifying your identity.

 

​

GOVERNING LAW AND JURISDICTION

These Terms of Use and your access to and use of the Website shall be governed by the laws of the United States of America, without giving effect to the principles of conflict of laws. Any dispute arising out of or in connection with these Terms of Use, including any question regarding their existence, validity or termination, the parties agree to first attempt to resolve the dispute through mediation and if mediation fails, the dispute shall be referred to arbitration in the United States of America, which shall be final and binding.

 

​

MEDIATION

Parties to resolve the dispute through mediation services coordinated at the discretion of Well-Aware unless otherwise requested. The mediation will be conducted in accordance with the rules and procedures of the mediating party at the time the dispute arises.

 

The parties shall make a genuine effort to resolve the dispute in good faith through mediation and any settlement reached during mediation shall be binding and may be referred to an arbitration service for enforcement if necessary.

  

​

ADDITIONAL INFORMATION

By using the Website, you acknowledge and agree that such action constitutes a legal signature and your acceptance of these terms in the Terms of Use. You agree that we may send you any privacy notices, disclosures or other communications regarding the Services (“Communications”) electronically, including but not limited to:

• Email, using the address provided during registration;

• SMS text message to the mobile number provided during registration;

• Posting the Communications on the Website.

 

The delivery of Communications is considered effective once sent by us, regardless of whether you have read the message or received the delivery. You can withdraw consent to receive Communications by contacting your Therapist and making a written request. 

​

No waiver by Well-Aware of any term or condition outlined in these Terms of Use shall be deemed a continuing waiver of such term or condition or a waiver of any other term. Any failure of Well-Aware to assert a right or enforce a provision of these Terms of Use shall not constitute a waiver of such right or provision.

​

If any provision of these Terms of Use is found to be invalid, illegal or unenforceable, the provision shall be amended to the minimum extent necessary to make it legal, valid and enforceable, while preserving its original intent. If such an amendment is not possible, the affected provision shall be deemed removed but legality, validity and enforceability of the remaining provision shall not be affected and shall remain in full force and effect under the law of any other jurisdiction. Any errors in spelling, punctuation, or grammar should not be interpreted in a way so as to misconstrue the original intent of the phrase or section contained therein. Please notify Well-Aware of any such mistakes and they will be corrected when Terms of Use are next updated.

​

Well-Aware devotes significant efforts to ensure the optimal functionality of the Website and Services, but is not responsible for any issues related to the internet, bandwidth or data signal strength of your mobile device or computer device.

 

These Terms of Use, along with our consents and any other referenced agreements, constitute the entire agreement and understanding between you and Well-Aware concerning your use of the Website and Services. You acknowledge that you have not accepted this Terms of Use based on any representation, warranty or promise not expressly stated within this Terms of Use. Any modifications or changes to these Terms of Use will be in writing and reflected through updates to the website.

​

Well-Aware shall not be liable for delays or failures in performance or its obligations under these Terms of Use if such delays or failures are caused by events beyond its reasonable control, including but not limited to natural disasters, war, acts of terrorism, government actions, strikes, technical failures or widespread internet outages (“Force Majeure Event”). In the event of a Force Majeure Event, Well-Aware’s obligations will be suspended for the duration of the event.

​

You may not assign or transfer any rights or obligations under these Terms of Use without the prior written consent of Well-Aware. Well-Aware may assign or transfer its rights and obligations without notice or consent.

​

Nothing in these Terms of Use creates a partnership, joint venture, employer-employee relationship or franchisor-franchisee relationship between you and Well-Aware. You agree that you access the Site and use the Services as an independent entity. 

In the event of any discrepancies between translated versions of these Terms of Use, the English version shall prevail.

 

Email us

contact@well-aware.org

Copyright © 2025 Well-Aware, PLLC. All rights reserved.