Terms of Use

Last updated: February 22, 2024

Thank you for visiting our website. All services, media, or content provided on or accessed through diagnosinghope.com, including all website content, blogs, videos, courses, resources, activities, or other educational media of any kind, are referred to in these Terms of Use as the “Services.” The Services are provided Jon Williams/Diagnosing Hope (“I,” “we,” “our,” or “us”), a virtual private therapy practice.

By using the Services, you agree to these Terms of Use (the “Terms”). Please read them carefully. If you are using our Services on behalf of a business or employer, you are accepting these Terms on their behalf, and that business or employer agrees to be bound by them.

Because we engage people through a wide variety of channels, including events or merchandise delivered by third parties, additional terms or requirements may apply. In those cases, the additional terms become part of your agreement with us. You must be at least 18 years old to agree to these Terms or use the Services.

Use of the Services

You agree not to misuse the Services. You may use the Services only as instructed on our website and permitted by law. You agree not to interfere with the Services or to copy any content from the Services for use on other sites or media. We may suspend or stop providing the Services to you if you do not comply with these Terms, if we are investigating suspected misconduct, or for any other reason.

You agree that you will not, nor will you permit any third party to, use the Services to: 1) violate the law or a third-party’s rights; 2) submit excessive or unsolicited commercial messages or spam any users; 3) scan, probe, or test the vulnerability of any of our systems or networks, or breach or circumvent any security or authentication measures; 4) interfere with, disrupt, or damage the Services or the access of any user, host, or network by submitting malicious content or viruses of any kind; 5) solicit others’ account or financial information, credit card numbers, or other sensitive information 6) harass, defame or bully other users; or 7) post content that is unlawful, defamatory, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, pornographic, obscene, promotes racism, contains viruses, or that which infringes or may infringe the intellectual property or other rights of another.

Content

Ownership and Use of Content. Unless otherwise specified, all Services are the property of Jon Williams. That means we own all right, title and interest in and to the Services, including all proprietary rights of any kind, tangible or intangible, now known or hereafter existing, including without limitation all copyrights, trade secrets, trademarks, patents, or other intellectual property rights, now or hereafter in force in any jurisdiction throughout the world.

When you use the Services, we grant you a limited, nonexclusive, non transferable, and revocable license to access and make use of the Services as reasonably necessary under these Terms. You do not acquire any rights, express or implied, in the Services, other than your license.

You agree to never reverse engineer, disassemble, or decompile any code or content we provide. You further agree never to display, use, modify or make derivative works based upon the Services or other Diagnosing Hope products.

Third-Party and User Content. We may occasionally include in the Services content created by third parties or links to third-party websites. No license or permission is granted herein with respect to any of this third-party content. Likewise, we may allow users to contribute to the Services through comments and other interactive methods. We make no representations regarding, and you waive all of claims of liability, with respect to such third-party or user content. Third-party and user content is the sole responsibility of the individual or entity that makes it available to you via the Services. We reserve the right to review and remove any such content, including content you submit, that we believe is, in our sole discretion, unlawful, defamatory, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, pornographic, obscene, promotes racism, contains viruses, or that which infringes or may infringe the intellectual property or other rights of another. For any and all materials or content that you post or otherwise provide to Diagnosing Hope in connection with the Services, you grant Diagnosing Hope an irrevocable, perpetual, royalty-free worldwide license to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and otherwise exploit such materials in any and all media or distribution formats, methods, and channels (now known or later developed). You acknowledge and agree that EA may sublicense these rights.

Communications and Privacy. We respect your privacy. These Terms, as well as our communications with you, incorporate and are governed by our Privacy Policy. In order to provide the highest service, we may contact you with announcements, administrative messages, or other service-related or marketing communications. You understand that these communications shall be considered a part of using the Services. Along those lines, we invite your feedback about how we can make the Services better at any time. No Guarantee of Results. Our Services are for educational and informational purposes only. You accept and agree that you are fully responsible for your use of the concepts presented and that we offer no representations, warranties, or guarantees of any kind, either verbally or in writing, regarding your results. You also understand that any testimonials or endorsements by our clients, customers, or audience shown in connection with the Services have not been scientifically evaluated by us and that the results experienced by individuals may vary significantly. Your use of the Services does not represent individual legal, medical, psychological, or financial advice.

Your Account

Safeguard your account. You may need to create an account to access or purchase certain of our Services, including merchandise and educational content. You are solely responsible for all activities that occur in your account whether initiated by you personally or by any person with access to your account. You are responsible for ensuring that you do not accidentally make any private content, including payment information, publicly available. You are responsible for routinely updating and maintaining the confidentiality of your username, password, challenge questions, or other sensitive information associated with your account. You will immediately notify us if you become aware of any unauthorized use, breach, or suspected breach or misuse of the Services. If you learn of any unauthorized use of your account or password, please contact us at diagnosinghope@gmail.com. Diagnosing Hope is not responsible for any loss or damage to you or any third party resulting from the unauthorized use of your account.

Confidentiality Agreement for Students/Registrants Enrolling in an Online Courses with Access to Client Protected Health Information (PHI)

I acknowledge that during my course/observation experience at Diagnosing Hope: Therapy and Consulting, LLC, I agree to keep all information in strict confidence and will not disclose or disseminate any confidential information that I may be exposed to.

I understand that I am obligated to maintain patient confidentiality at all times, both while active on the website and when away. I understand that all the medical information/records regarding a patient are confidential. This information will not be given to other individuals, unless proper authorization is obtained. I understand that it is not appropriate to discuss any patient’s care and treatment in public places or with people that have not been involved in the case nor have reason to know details of the patient’s health care. I also agree that I will not share conversations I hold with any healthcare provider during the course of the observation experience. I further agree that I will not take pictures or share information on any social network web site or in emails.

I understand that all patient, associate and/or organizational information, (financial and/or clinical), retrieved from any and all computer system(s) is strictly confidential. It should not be reproduced, transmitted, transcribed, or removed from the premises in any form.

I understand that any deviation from the above could result in legal action against the organization and me. I further understand that any breach of confidentiality, intentional or unintentional may result in immediate termination of my shadow/observation experience and deny any future opportunities.

Purchases

Product Descriptions. Certain of our products and services are offered for sale on our website. Product descriptions are provided for your convenience. The accuracy or completeness of product descriptions is not guaranteed, and they are subject to change without notice. In the case of merchandise, the appearance of products may differ from the physical article depending on your Internet browser or settings of your monitor. Pricing. Prices are subject to change without notice. The price charged for any product or Service will be the price in effect at the time an order is placed, plus applicable taxes and shipping charges. All charges will be itemized in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any product, merchandise, or Service information or offer, and we reserve the right to modify or cancel any orders arising from such errors.

Payment & Shipping. All payments, as well as fulfillment of physical merchandise, are handled through third-party providers. Title and risk of loss pass to you upon the transfer of any physical product or merchandise to a third-party carrier. Shipping and delivery dates are estimates and cannot be guaranteed. We are not liable for delays or failure in shipment due to incorrect information provided by you, your failure to receive a shipment from a carrier, or other factors outside of our reasonable control.

Courses & Events. You’ll have lifetime access to our online and CE Credit courses so long as it is technically feasible for us to present them in a digital format. Live events are generally viewable only during the dates and times specified for each event. However, certain events may be available for viewing at a later date where specified.

Returns & Refunds

Books & Merchandise. Purchases of books and merchandise are subject to the return and exchange policies of our third- party vendors. For books, our vendors include Springer Publishing and Amazon; for merchandise, Printful. Please view the policies of these vendors before making your purchase. If you are dissatisfied with any merchandise, please contact us at diagnosinghope@gmail.com before sending products back to the manufacturer. Our third-party vendors’ policies differ by product, but some do not offer refunds for customer remorse or incorrect sizing. Refunds may not include shipping and handling charges.

Courses. We want you to be satisfied with our courses. So, all previously recorded courses and CE Credits’s come with a 7-day money-back guarantee. To request a refund, you must notify us within seven days of your purchase by sending an email to diagnosinghope@gmail.com. Refunds are processed within 30 business days and are issued to the original payment method only.

Events. Live events hosted by us vary in price, length, and refund policy. Please see the specific event description for refund details. Where no refund policy is listed for an event, all purchases are final. Events promoted on our website, but hosted by third parties, are subject to that event’s policies, terms, and conditions. Please review all event information carefully before registering or making your purchase.

Additional Continuing Education Policies

If a participant or potential participant would like to express a concern about Diagnosing Hope or a continuing education program provided by Diagnosing Hope, the individual may email diagnosinghope@gmail.com. Although we do not guarantee a particular outcome, Diagnosing Hope will consider the complaint, make any necessary decisions, and respond within 30 days.

In the event of any breech in confidentiality, Diagnosing Hope will notify affected parties in writing within 3 days of become aware of said breech.

Client information must not be disclosed by a presenter or participant unless proper informed consent has been obtained for use in a continuing education program.

All services are in compliance and subject to the Americans with Disabilities Acts (ADA). Though services are all generally virtual and readily accessible, any special accomodations can be requested by emailing diagnosinghope@gmail.com

Record Retention

For a period of at least five (5) years, the Diagnosing Hope will maintain complete and accurate digital copies of the following records for each program offering CE credit:
(a). A roster identifying all program participants;
(b). A list of all live event program presenters, including the qualifications of each presenter, and an accurate description of the content presented by that presenter;
(c). A list of all authors and presenters of home study programs, and an accurate description of the content presented by each author and presenter;
(d). The program content description;
(e). The attendee/participant evaluations;
(f). The program promotional and marketing materials; and,
(g). The program agenda and materials distributed to participants, including the learning objectives.

Privacy and Feedback

Our Privacy Policy explains how we treat your personal information and protect yourprivacy. By using our Services, you agree that we can collect, use, and share data from you as described in our Privacy Policy. Contact us with any questions you may have atdiagnosinghope@gmail.com. We take your concerns seriously and strive tocreate the best possible experience for our customers.

Electronic Communications

Using the Services and sending emails to Diagnosing Hope constitutes electronic communication. By purchasing or registering for the Services, or by posting any user-generated content to the Services, you consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically via email or through the Services satisfies any legal requirement that such communications be in writing.

International Users

The Services are controlled, operated, and administered by Diagnosing Hope from the United States of America. If you access the Services from elsewhere, you are responsible for compliance with all local and international laws. You agree that you will not use the Services in any country or in any manner prohibited by any applicable laws or restrictions.

Protection of Intellectual Property

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the “DMCA”). Please be aware that, in order to be effective, your notice of claim must comply with the detailed requirements set forth in the DMCA. You are encouraged to review them (see 17 U.S.C. § 512(c)(3)) before sending your claim. You may notify us of alleged infringement of intellectual property rights by contacting us at diagnosinghope@gmail.com. Upon receipt of notice of claimed infringement, we will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue.

No Warranties and Disclaimers

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS WITHOUT WARRANTY OF ANY KIND. WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE SERVICES, OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ANY DEVICE OR DATA THAT RESULTS FROM YOUR USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM DIAGNOSING HOPE, ITS EMPLOYEES, OR ITS REPRESENTATIVES SHALL CREATE ANY WARRANTY.

Limitation of Liability

IF YOU ARE DISSATISFIED WITH ANY OF THE SERVICES, THESE TERMS OF USE,OR OUR PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TODISCONTINUE USING THE SERVICES. YOU AGREE THAT DIAGNOSING HOPE SHALL, IN NO EVENT,BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL,PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OFBUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OFBUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BYYOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF EA HAS BEENADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU FURTHER AGREE THAT DIAGNOSING HOPE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE OR THAT IS DUE TO EVENTS OUTSIDE OF OUR REASONABLE CONTROL, SUCH AS WARS, CRIMINAL ACTIVITIES, STORMS, NATURAL DISASTERS, ACTS OF GOVERNMENT, SUPPLY INTERRUPTIONS, EPIDEMICS OR PUBLIC HEALTH EMERGENCIES, DELAYS SHIPPING THE PRODUCTS, OR FAILURES OR DELAYS OF COMMON CARRIERS), OR TELECOMMUNICATION OR INTERNET FAILURES. IN NO EVENT SHALL DIAGNOSING HOPE’S ENTIRE LIABILITY TO YOU, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU FOR THE SERVICES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

Indemnification

You agree to defend, indemnify, and hold harmless Diagnosing Hope, its officers, directors, employees, contractors, suppliers, and affiliates, from and against any and all claims, demands, actions, proceedings, suits, liabilities, losses, damages, penalties, fines and expenses (including attorney’s fees and costs) arising out of or relating to your use of the Services, including without limitation any claims that you have used the Services in violation of another party’s rights, in violation of any law, or in violation of any provisions of these Terms.

Modification of Terms, Conflicts

We may modify these Terms or our Privacy Policy at any time and at our sole discretion. By continuing to use the Services after we make these modifications, you agree that you will be subject to the modified terms. If you do not agree to the modified terms, you should immediately discontinue your use of the Services. If there is a conflict between these Terms and any additional terms for a particular product or Service, then the additional terms will control for that particular product or service.

Assignment and Sublicense

You may not assign or delegate your rights or obligations relating to these Terms without our prior written consent. We may assign these Terms or assign or delegate any of our rights or obligations under them, at any time.

Disputes, Attorney’s Fees, Limitations

If any dispute arises relating to these Terms, our Privacy Policy, or your use of the Services, we both agree to first attempt to resolve such dispute with the help of a mutually agreed-upon mediator in Comal County, TX. Any costs and fees, other than attorney’s fees, associated with the mediation shall be shared equally by the parties. If the dispute is not resolved within 30 days after it is referred to the mediator, either party may take the matter to state court in Comal County, TX, where the prevailing party shall be entitled to reasonable attorney fees, costs, and expenses in addition to any other relief to which it may be entitled. These Terms and our Privacy Policy will be interpreted, construed, and enforced in accordance with the laws of the State of Texas without regard to principles of conflict of laws.

No legal action may be taken against Diagnosing Hope as to any claim, known or unknown, arising from these Terms or our Privacy Policy, including but not limited to claims of breach of contract, breach of warranty, tort, indemnification, or claims based on equitable principles, unless such action is commenced not more than 1 year after the cause of action first accrued.

Integration, Waiver, Severability

These Terms supersede and replace all previous agreements, memoranda, or correspondence, whether written or oral, among the parties with respect to the Services. The failure of Diagnosing Hope to enforce any right or remedy available under these Terms shall not be construed to be a waiver of such right or remedy. A printed version of these Terms, our Privacy Policy, or of any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Whenever possible, each provision of these Terms and our Privacy Policy shall be interpreted in such a manner as to be effective and valid under applicable law. If any provision shall be prohibited by or invalid under applicable law, such provision shall not affect the validity or enforceability of the other provisions, and any part of such provision not held invalid or unenforceable shall remain in effect.

No Partnership or Agency

Nothing contained in these Terms will be construed as creating a relationship between the parties of partners, joint ventures, or agents, and neither party has the power to bind the other in any way.

Contacting US If you have any suggestions, comments, and/or questions about the Services, these Terms, or our Privacy Policy, please contact us at jon@diagnosinghope.com