Terms of Use

1. ACCEPTANCE OF TERMS AND CONDITIONS OF USE

Albano Psychotherapy Professional Corporation, operating as Feelings First Counselling & Wellness (collectively, “Provider” or “Business” or “Company” or “We” or “Us”) provides Services (as defined below) to you through this website (“Site”) and access to and use of this Site and the Services are provided to you subject to your acceptance of and compliance with the following terms and conditions (“Terms”). 

BY USING THIS WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THIS SITE OR OUR SERVICES.

When using the Services, you will be subject to any posted guidelines or rules applicable to such Services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms. The Provider reserves the right to change these Terms at any time without prior notice. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website and your continued access or use of this Site or the Services after such changes indicates your acceptance of the Terms as modified. It is your responsibility to review these Terms regularly.

PLEASE READ THESE TERMS AND CONDITIONS ALONG WITH OUR PRIVACY POLICY (“Privacy Policy”) CAREFULLY BEFORE USING THE WEBSITE. BY USING THE WEBSITE ON ANY COMPUTER, MOBILE PHONE, TABLET, CONSOLE OR OTHER DEVICES (COLLECTIVELY, “Devices”), YOU AGREE TO THESE TERMS, AND YOU CONSENT TO THE COLLECTION, USE AND DISCLOSURE OF INFORMATION AS DESCRIBED IN THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS AND THE PURPOSE FOR PROCESSING INFORMATION SET OUT IN OUR PRIVACY POLICY, YOU MUST EXIT THE WEBSITE IMMEDIATELY AND DISCONTINUE ANY USE OF THE WEBSITE AND ANY CONTENT CONTAINED THEREIN. IF YOU DO NOT AGREE TO THESE TERMS AND OUR PRIVACY POLICY, THEN YOU WILL NOT BE ABLE TO DOWNLOAD, USE, OR ACCESS THE WEBSITE. YOUR USE OF THE WEBSITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.

Our Privacy Policy, which is incorporated into these Terms by this reference, describes the collection, use, and further processing of personal information on the Website or otherwise. Notwithstanding anything else to the contrary contained in these Terms, our use of any personal information (e.g., name, address, etc.) you provide via the Website or otherwise shall be governed by our Privacy Policy.


2. DESCRIPTION OF SERVICES

The Provider provides psychotherapy services to children, teens, adults and seniors presenting with a variety of mild to moderate mental health struggles such as anxiety, depression, relationship struggles, grief, and trauma (the “Services”). 


3. PRIVACY POLICY

By submitting your personal information and using our Website, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such user content submissions in compliance with our Privacy Policy, as we deem necessary for use of the Website. Your privacy is important to us. For more information, please see our Privacy Policy for details.


4. USE OF THE SITE

The Provider authorizes you to view, download and print a single copy of materials and content provided on this Site for your personal, non-commercial use only and only in connection with using our Services. You may not remove any trademark, copyright or other proprietary notices from such copy nor modify the material or content in any way. Except as otherwise set out in these Terms, any copying or reproduction of this Site’s materials or content, in whole or in part, for commercial purposes or distribution, re-transmission, republication, modification, reverse engineering, sale or other exploitation of this Site or this Site materials or content without the prior written permission of the Provider is strictly prohibited. The Provider reserves the right to take such steps as it deems necessary, including legal action, to restrain such unauthorized and prohibited activity and the Provider reserves the right to suspend or terminate your access to any part of this Site immediately, without prior notice, at its sole discretion. You are solely and fully responsible for all consequences, however remote, resulting from your use of this Site.


5. TRADEMARKS AND COPYRIGHT

The Provider, this Site domain feelingsfirstwellness.ca, and other trade names or trademarks of the Provider, and related words and logos are trademarks or trade names of the Provider in Canada and other jurisdictions. The Provider is also the owner in Canada as well as other foreign jurisdictions of additional trademarks, registered and unregistered. Nothing in these Terms or on this Site will be construed as granting or conferring, either expressly, by implication, by estoppel or otherwise, a licence or other right to you to use any such marks or names or any other intellectual property right of the Provider. The names of other companies, products and services referred to on this Site may be trademarks or trade names of their respective owners. Any unauthorized use of the trademarks or trade names of the Provider or of third parties is strictly prohibited. 

The materials provided on this Site including, without limitation, all portions of this Site, content, site design, text, graphics and the selection and arrangement thereof, are protected by copyright. All rights reserved. Title to the Provider materials remains with the Provider and any unauthorized use of such materials is strictly prohibited. The Provider reserves the right to take such steps as it deems necessary, including legal action, to enforce its rights under trademark and copyright law.


6. USER GENERATED CONTENT AND USER SUBMISSIONS

Portions of this Site allow users to post and exchange information, ideas and opinions (“User Content”), but the Provider does not screen, edit or review any User Content before they are posted or transmitted. Please note that posted or transmitted User Content do not necessarily reflect the views of the Provider, and the Provider disclaims all responsibility for any such User Content and for any losses or expenses resulting from their use or appearance on this Site.

We value your visit to this Site and welcome any questions, comments or feedback you might have about this Site, these Terms or any of the products or services offered by the Provider (“Feedback”). Please refer to the Contact section of this Site for phone numbers and email addresses. 

If you provide User Content or Feedback, you grant the Provider a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use and commercialize the feedback in any way and for any purpose without providing any compensation to you or any other person. You also grant the Provider the right to use the name you submit with the User Content or Feedback, if any, in connection with the Provider’s rights hereunder.

The following site content standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, "submit" or “User Submission”) to the Website. Any and all User Submissions must also comply with all applicable federal, provincial, local, and international laws, regulations, and terms of service.

 

You warrant and agree that your use of the Website and any User Submissions shall not:

 

a)     in any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy found below.

b)    In any manner violate the terms of use of any third-party website that is linked to the Website, including but not limited to, any third-party social media website.

c)     Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in our sole discretion.

d)    Involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code.

e)    Provide, or contribute any false, inaccurate, or misleading information.

f)      Include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with the Conditions of Use and User Submissions and Site Content Standards.

g)     Impersonate or attempt to impersonate the Business, an employee of the Business, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

h)    Transmit, or procure the sending of, any advertisements or promotions [without our prior written consent], sales, or encourage any other commercial activities, including, without limitation, any "spam", "junk mail", promotions, or advertising or any other similar solicitation.

i)      Encourage any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by Us, may harm the Business or users of the Website or expose them to liability.

j)      Promote any illegal activity, or advocate, promote, or assist any unlawful act.

 

This list of prohibitions provides examples and is not complete or exclusive. Albano Psychotherapy Professional Corporation reserves the right in their sole discretion to (i) terminate your ability to post to the Website and (ii) refuse, delete, modify, edit or remove any User Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that we determine is inappropriate or disruptive to this Website or to any other user. Albano Psychotherapy Professional Corporation may report to law enforcement authorities any actions that may be, or reasonable suspects to be, illegal, and any reports it receives of such conduct. When legally required, or at our discretion, we will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Website or on the Internet.



7. HYPERLINKS

Hyperlinks on this Site are provided for your convenience only. These links do not imply an endorsement of any linked sites or an affiliation with their owners or operators. The Provider has no control over the content of any linked site. This content is the sole responsibility of the owner or operator of the linked site.


8. ACCEPTABLE USE AND RESTRICTIONS

In addition to complying with these Terms, you agree to use this Site, the Services and materials on this Site for lawful purposes only and in a manner consistent with local, national or international laws and regulations. Some jurisdictions may have restrictions on the use of the Internet by their residents.

Potential users of this Site or the Services, in any jurisdiction of the world whose laws would: (i) void these Terms in whole or in any essential part (the essential parts being at least, but not only, the provisions relating to governing law, and limitation of liability); or (ii) render accessing this Site illegal, are unauthorized to use this Site.

You agree not to use the Services or this Site in any manner that: (i) infringes, violates or misappropriates the intellectual property rights of any third party; or (ii) may be considered defamatory, discriminatory or otherwise malicious or harmful to any person or entity.

When using this Website, you agree not to:

  • modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any media created by us; or

  • use, frame or utilize framing techniques to enclose any Feelings First Counselling & Wellness logo or other proprietary information without express written consent.

 

When using this Website, you may not:

  • breach, attempt to breach, or otherwise bypass any security or authentication measures of the Website;

  • transmit into or submit any of the following: viruses, malware, malicious or destructive code, or any other routine, device, or other undisclosed feature that either interferes with or otherwise harms or provides unauthorized access or causes unauthorized modifications, including the systems or servers who host the website;

  • access or attempt to access any systems or servers on which the Website is hosted; or

  • forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any information transmitted to or via the Website.

Any unauthorized use of the Website will terminate the permission or license granted by these Terms, will result in you being barred from using the Website, and may violate applicable law, including but not limited to, copyright laws, trademark laws, and communications regulations and statutes.


9. INDEMNITY

You will defend, indemnify and hold harmless the Provider from and against any and all losses, damages, costs, expenses (including legal fees), claims, complaints, demands, actions, suits, proceedings, obligations and liabilities (including settlement payments) arising from, connected with or relating to your use of this Site, its content or materials, or the Services, User Content or Feedback, or your negligence, misconduct, or breach of these Terms. Notwithstanding the foregoing, the Provider retains the right to participate in the defense of and settlement negotiations relating to any third-party claim, complaint, demand, action, suit or proceeding with counsel of its own selection at its cost and expense.


10. DISCLAIMERS

You understand and agree that:

(a) Use of this Site is at your sole risk. This Site is provided on an “as is”, “as available” basis. Neither the Provider, nor any of its respective employees, agents, officers, directors or third party service providers (collectively, the “Provider Parties”) make any warranty or condition of any kind, whether express or implied, regarding this Site, and the Provider Parties specifically disclaim the implied warranties and conditions of merchantable quality, fitness for a particular purpose and non-infringement of third party rights, to the maximum extent permitted by law. 

(b) The Provider Parties make no warranties or conditions regarding the quality, reliability, timeliness or security of the Site or that access to the Site will be uninterrupted or error-free. The Provider Parties assume no responsibility or liability for the deletion or failure to store or access, or to store or access properly, email messages and electronic files. You assume the entire risk in downloading or otherwise accessing any data, files or other materials obtained from third parties as part of the Services, even if you have paid for virus protection services. 

(c) The access to and downloading of material from this Site is done at your own risk. The Provider makes reasonable efforts to ensure that this Site is virus-free, but the Provider does not at any time guarantee or warrant that such materials are free of viruses, worms, Trojan horses or other destructive code. You are responsible for implementing safeguards to protect your computer system and data and you are responsible for the entire cost of any service, repairs or corrections necessary as a result of the use of this Site or the Services.


11. LIMITATIONS OF LIABILITY

In no event will the Provider be liable to you for any direct, indirect, consequential, incidental, special, compensatory or punitive damages or losses or damages for loss of income, loss of business profits, business interruption, loss of data or business information, loss of or damage to property and claims of third parties or other pecuniary loss, arising out of or related to these Terms, the use of this Site or the Services. The Provider Parties will not be liable for any actual or alleged infringement by any THIRD-PARTY materials available through the Services. In no event will the cumulative liability of the Provide Parties arising out of or related to these Terms exceed the amount paid by you in the one month immediately prior to any Claim. To the extent that some jurisdictions do not allow exclusions or limitations on some categories of damages, these exclusions or limitations may not apply to you. The foregoing disclaimers and limitations of liability apply regardless of the causes, circumstances or form of action giving rise to the loss, damage, claim or liability, even if such loss, damage, claim or liability is based upon breach of contract (including, without limitation, a claim of fundamental breach or breach of a fundamental term), tort (including, without limitation, negligence), strict liability or any other legal or equitable theory, and even if advised of the possibility of the loss, damage, delay, claim or liability.

You acknowledge and agree that these Terms present a fair allocation of risk and liability, and that this Section 12 is an essential part of the bargain between the Parties, a controlling factor in setting any fees or other charges, and an inducement to the Parties to enter into these Terms.


12. GENERAL

These Terms, the Privacy Policy and all other notices, policies and statements contained on this Site (all as may be amended by the Provider from time to time without prior notice) constitute the entire agreement between the Provider and you. These Terms cannot be modified except as described herein. Anything in this Site inconsistent with these Terms is superseded by these Terms. No waiver of any of these Terms will be deemed a further or continuing waiver of such Term or any other Term. If in any jurisdiction, any of these Terms are held to be unenforceable by a court of competent jurisdiction, such Terms will be restricted or eliminated to the minimum extent necessary and the remaining Terms will otherwise remain in full force and effect. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

The relationship between the Provider and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms or this Site.

These Terms and the subject matter of these Terms and all related matters will be governed by, and construed in accordance with, the laws of the Province of Ontario, Canada and the laws of Canada applicable in Ontario, excluding any laws that implement the United Nations Convention on Contracts for the International Sale of Goods or the United States Uniform Commercial Code, and excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws. Subject to the following paragraph, you submit to the exclusive jurisdiction of the courts of the Province of Ontario. 

To the extent permitted by applicable law, unless the Provider agrees otherwise, any claim, dispute or controversy, whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future, arising out of or relating to the Services, this Site, these Terms or the Privacy Policy, will be determined by final and binding arbitration to the exclusion of the courts. Where applicable, arbitration will be conducted in the province in which you reside, on a simplified and expedited basis by one arbitrator pursuant to the current laws and rules relating to commercial arbitration in the province or jurisdiction in which you reside on the date of the notice. The foregoing does not, however, preclude the Provider from seeking injunctive relief in other jurisdictions when necessary to protect its interests. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration, you waive any right to a jury trial.

These Terms have been drawn up in the English language at the express request of the parties. Les présentes modalités ont été rédigées en anglais à la demande expresse des parties.

13. NO RELIANCE

The content on our Website is provided for information purposes only. It is not intended to amount to advice on which you should rely.

Although we make reasonable efforts to update the information on our Website. Your use of the Website is at your own risk and the Business, nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your use of this Website.

14. ENTIRE AGREEMENT

The Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and Albano Psychotherapy Professional Corporation regarding the Website and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

15. REPORTING AND CONTACT

This website is operated by Albano Psychotherapy Professional Corporation. Our office location is:
180 Parsons Road, Room 12
Alliston, ON, L9R 1EA

We value your visit to this Site and welcome any questions or comments you might have about this Site, these Terms, or any of the products or services offered by the Provider. Please refer to the Contact section of this Site for phone, email addresses and other ways to contact us.

Should you become aware of any misuse of the website, including defamatory conduct, you must report it to the Company at info@kristenalbanopsychotherapy.ca

These Terms were last updated on April 24, 2024.