Presence Counselling - Psychotherapy for Healing
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Because we live in a society where we have to hire lawyers to protect ourselves from other lawyers, I have to ask you to confirm by a click that you have read and understood this disclaimer.

However, in spite of everything that my lawyer insisted that I  must disclaim, I can promise you that I will do all I can to give you service of the highest quality and integrity.  

Thanks for your patience.

1. Services and Conditions of Use

Welcome to the website of Presence Counseling (the "Provider"). As the Provider, we agree to provide you with online counseling services and other services that the Provider may wish to offer in accordance with the terms of this Agreement. Upon notice published through this website (the "Service"), Provider may modify this Agreement at any time. In using this Service you agree to use the Service in a manner consistent with all applicable laws and regulations from time to time and in accordance with the terms and conditions outlined below. Please be aware that you may be referred to as a "User" in this Agreement.

As User, you understand and acknowledge that you take full responsibility for any decision to access a counselor through the Service and to continue to use a counselor.

2. Rules for Online conduct for Provider Chatrooms and Bulletin Boards

By using this Service you agree you will not make written statements or post any of the following on the Service chatroom, bulletin board or other forum available through this Service (the "Postings"): defamatory statements or material, statements or material which abuses or threatens another; bigoted, hateful, racial, sexual or other statements or material which is or may be offensive; discussions of, or material which advocates, illegal activity; unauthorized copyrighted material; material or statements containing vulgar, obscene or indecent language or images; and advertising or any form of commercial solicitation.

Postings which violate this Agreement will be deleted upon discovery. Users who violate this will receive a warning from Provider or an agent of Provider stating User has violated this term and that further violations may result in the termination of Userís account. After one or more warnings, Provider in its sole discretion may terminate Userís account.

3. Copyright Materials

All materials posted on this Service including the newsletter and any other information, regardless of the form, is and shall remain the copyright of the owner. Downloading of copyrighted material is allowed by Users for Usersí personal use only. Users are not entitled to copy, reproduce, retransmit, distribute, publish or commercially exploit or otherwise transfer any copyrighted material. User acknowledges and agrees that Provider or any third party content provider remains the owner of the posted materials and that User does not acquire ownership rights to any material by downloading copyrighted material from this Service.

4. Limitation of Liability and Warranty

Role of Counselors. User understands and agrees that although a counselor may be accessed through the Service, Provider is not responsible for the counselorís behavior or performance. User understands and agrees that User is completely responsible to assess the counselorís competence and appropriateness for the Userís needs.

Counselors shall use their best efforts to respond to User within 24-72 hours from the time User initiated a request for a counselor. In the event there is a delay in response time beyond 72 hours, Provider shall post a notice indicating such on the Service.

Acknowledgment by User. User understands and acknowledges that Provider is not providing a service for medical or diagnostic advice or treatment. User accepts complete responsibility for Userís own medical care and treatments and understands and agrees that Provider is not Userís primary care service. User understands and acknowledges that the Service or Provider is for support to Userís primary care only.

User understands and agrees that use of this Service in any form or manner is initiated by User and is entirely at Userís discretion. The Service of Provider is on an "as is" basis, without warranty of any kind, express or implied, including without limitation any warranty for information, services, counseling, uninterrupted access, product or services provided through or in connection with the Service, or results obtained through the Service. Provider disclaims any and all warranties, express or implied, including without limitation, any warranties concerning the availability, accuracy or content of information, products or counseling or other services and warranty of title or merchantability or fitness for a particular purpose.

This disclaimer of liability applies to any damages or injury caused by the failure of performance, error, omission, interruption, deletion, defect, delay in operation of transmission, computer virus, communication line failure, theft, destruction or unauthorized access to, alteration of or use of record, whether for breach of contract tortious behavior, negligence, or any other cause of action. Provider, its agents, affiliates or content providers shall not be liable for any damages of any kind whatsoever, whether direct, indirect, incidental, special or consequential, arising out of the use of the Service or inability to gain access to or use the Service.

User agrees and acknowledges that Provider is not liable for any defamatory, offensive or illegal conduct of any other User or third party and the risk of injury from such rests entirely with the User.

                                         5.  Confidentiality

Provider assures the User that unless required by law, all communications from User shall be kept confidential and that only counselors of Provider shall have access to such information. Professional ethical guidelines prevent counselors from communicating information about any User to family members, other trusted individuals, friends or others. Exceptions to the confidentiality requirements are specified by law and include, but are not limited to, such things as:

    1. Advice or input from a professional colleague;
    2. Suspicion or risk of child abuse;
    3. Court cases or other legal proceedings; and
    4. Where a personís life is in danger, including suicide and homicide.


                                              6.  Security

In using this Service, please carefully consider whether you are willing to take the risk of third-party interception. As unlikely as this may be, please be aware that the information you provide is not encrypted.

                                        7.  Indemnity                                            

User agrees to indemnify and hold Provider, its directors, officers, employees, agents, successors and assigns, and the counselors accessed through this Service, harmless from any and all claims, demands, losses, liabilities, damages or expenses for investigation and reasonable legal fees and costs arising out of or in any way related to this Agreement. Any liability of Provider with respect to this Agreement, including the counseling service, shall not exceed the total fees paid or payable by User to Provider.

                                         8. Notice

Provider may give notice to User by way of a general notice on the Service. A User may give notice to Provider as follows:

                          electronic mail addressed to the Director: 
                          [email protected]

                           by first class postage prepaid mail at:
                           Presence Counseling
                           P.O. Box  596
                           169 the Donway W.
                           Toronto  ON
                           Canada    M3C 2E0

                                           9. Governing Law

This Agreement shall be construed and interpreted in accordance with the laws of the Province of Ontario, Canada and the laws of Canada applicable therein. User agrees that any disputes arising from this Agreement shall be within the jurisdiction and the courts of the Province of Ontario, Canada.

                                        10.  Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes any other agreement of any kind or nature, oral or written, between User and Provider. Provider may at any time amend or modify this Agreement upon notice to User published through the Service. Use of the Service after such notice shall constitute acceptance by user of any amendment, modification or new conditions.

In the event any part of this Agreement is held by a court to be illegal or in conflict with any law such part shall be deemed to be severed from this Agreement and the validity of the remaining terms of this Agreement shall remain in force and effect as if the Agreement did not contain the part held to be invalid.


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Psychology of Healing