Terms of Use

Please read the following Terms of Use (“Terms”) carefully. These Terms govern your access to and use of the website operated by Waypost Counseling (“Waypost Counseling,” “WC,” “we,” “us,” or “our”) (the “Website”).

By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Website.

WC reserves the right to modify, revise, or update these Terms at any time, in its sole discretion, without prior notice. Any changes will become effective immediately upon posting to the Website. Your continued use of the Website following any such changes constitutes acceptance of the revised Terms. It is your responsibility to review these Terms periodically.

NATURE AND PURPOSE OF THE WEBSITE

The Website is an online informational and administrative resource that provides general information about behavioral health conditions, treatment services, providers, recovery resources, and related topics. The Website may also allow users to request appointments, submit forms, make payments, access educational materials, or utilize administrative tools.

While WC strives to provide accurate and current information, WC makes no representations or warranties regarding the accuracy, completeness, reliability, timeliness, or usefulness of any information or functionality available through the Website. Information and resources available through the Website may not address your specific circumstances, needs, or conditions.

Information provided through the Website is for educational and informational purposes only and is not a substitute for the professional judgment, diagnosis, advice, treatment, or services of a licensed physician, therapist, counselor, psychologist, psychiatrist, or other qualified healthcare professional. You agree not to disregard, delay, or avoid seeking professional care based on information obtained from the Website.

The Website does not diagnose conditions, prescribe treatment, provide psychotherapy, counseling, medical services, or any other professional healthcare services, nor does it engage in the practice of medicine, psychology, counseling, social work, or any other licensed profession.

NO EMERGENCY USE

The Website and any communication channels associated with it are not monitored on a continuous basis and are not intended for emergency, crisis, or urgent situations.

If you are experiencing a medical emergency, mental health emergency, suicidal thoughts, thoughts of harming yourself or others, or any situation requiring immediate assistance, call 911, contact the 988 Suicide & Crisis Lifeline, contact your local emergency services, or proceed to the nearest emergency department immediately.

Do not use the Website, contact forms, email communications, appointment requests, or any other Website feature to seek emergency assistance.

NO PROVIDER-CLIENT RELATIONSHIP

Your use of the Website does not create a provider-client, therapist-client, counselor-client, physician-patient, social worker-client, or any other professional relationship between you and WC or any WC-affiliated professional.

Submitting forms, requesting appointments, making payments, communicating through the Website, downloading resources, or receiving information from the Website does not establish a therapeutic, clinical, professional, or fiduciary relationship.

Services are provided only after completion of all required intake procedures, informed consent documents, and acceptance by an authorized WC provider.

COMMUNICATIONS DISCLAIMER

Communications submitted through Website contact forms, email links, appointment requests, payment portals, or other Website features may not be encrypted or secure. Users should avoid submitting highly sensitive, confidential, clinical, or emergency information through the Website unless specifically directed to do so through a secure platform.

WC cannot guarantee the security of information transmitted through the public Website or standard email communications. Submission of information through the Website does not guarantee receipt, review, response, appointment availability, or acceptance for services.

CLIENT PORTALS AND TELEHEALTH SERVICES

Active clients may be provided access to secure client portals, telehealth platforms, electronic health record systems, or other service-related technologies. Access to and use of such platforms are governed by separate terms, informed consent documents, privacy practices, and policies provided to active clients.

These Terms apply only to the public Website and do not supersede any agreements governing clinical services.

REGISTRATION AND USER ACCOUNTS

Certain features of the Website may require you to create a user account (“Account”). You agree to provide accurate, complete, and current information when creating and maintaining your Account.

You are solely responsible for maintaining the confidentiality of your login credentials and for all activities conducted through your Account. You agree to notify WC immediately of any unauthorized use of your Account or any breach of security.

WC is not responsible for any losses, damages, liabilities, or expenses resulting from your failure to protect your Account information.

PERMITTED USE OF THE WEBSITE

You may use the Website only for lawful purposes and in accordance with these Terms. WC reserves the right to modify, suspend, restrict, disable, or terminate access to the Website at any time, with or without notice, for any reason.

You agree that you will not:

• Modify, adapt, translate, reverse engineer, decompile, or create derivative works of the Website;

• Attempt to gain unauthorized access to any portion of the Website, its servers, networks, or related systems;

• Use the Website in violation of any applicable law, regulation, or professional standard;

• Misrepresent your identity or impersonate another person or entity;

• Provide false, misleading, or fraudulent information;

• Interfere with the operation, security, or functionality of the Website.

INTELLECTUAL PROPERTY

All content available on the Website, including but not limited to text, graphics, logos, trademarks, service marks, photographs, videos, audio recordings, educational materials, worksheets, downloadable resources, designs, software, and other content, is owned by or licensed to WC and is protected by applicable copyright, trademark, and intellectual property laws.

Nothing contained on the Website shall be construed as granting any ownership interest or license beyond the limited license described below.

LIMITED LICENSE

WC grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Website for personal, non-commercial, informational purposes.

You may not reproduce, distribute, publish, display, sell, license, modify, frame, republish, transmit, exploit, or create derivative works from any Website content without WC’s prior written consent.

Unauthorized use automatically terminates this license.

PRIVACY AND HIPAA

WC respects your privacy and complies with applicable federal and state privacy laws, including the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), when applicable.

WC’s Notice of Privacy Practices is available on the Website and is incorporated herein by reference.

Merely visiting the Website, submitting an inquiry, requesting an appointment, making a payment, or communicating through the Website does not create a provider-client relationship and may not result in information becoming part of a designated medical record under HIPAA.

WC may use and disclose information in accordance with HIPAA and applicable law, including the use of de-identified information as permitted under 45 C.F.R. § 164.514.

CHILDREN’S PRIVACY

The Website is not directed toward children under the age of 13. WC does not knowingly collect personal information from children through the Website without appropriate parental or legal guardian consent.

If WC becomes aware that personal information has been submitted by a child in violation of applicable law, WC will take reasonable steps to delete such information.

THIRD-PARTY WEBSITES AND CONTENT

The Website may contain links to third-party websites, applications, resources, or services (“External Websites”).

WC does not control, endorse, monitor, or assume responsibility for External Websites, their content, products, services, security practices, or privacy policies.

Your use of External Websites is solely at your own risk and subject to the terms and policies of those third parties. WC is not liable for any damages or losses arising from your use of External Websites.

DISCLAIMER OF WARRANTIES

THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, COMPLETENESS, AVAILABILITY, OR SECURITY.

WC DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, AVAILABLE AT ALL TIMES, OR FREE FROM VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, WC, ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE WEBSITE.

IN NO EVENT SHALL WC’S TOTAL LIABILITY EXCEED ONE HUNDRED DOLLARS ($100), REGARDLESS OF THE THEORY OF LIABILITY ASSERTED.

YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless WC and its owners, employees, contractors, affiliates, agents, and representatives from and against any claims, liabilities, damages, losses, costs, expenses, or attorneys’ fees arising from:

(a) your use of the Website;

(b) your violation of these Terms; or

NO LEGAL, COURT, OR PROFESSIONAL RELIANCE

Information provided on the Website does not constitute legal advice, court approval, probation compliance verification, disability determination, fitness-for-duty evaluation, forensic opinion, or any other professional determination unless expressly provided through a separate written professional services agreement.

Users should not rely upon Website content as a substitute for individualized professional advice.

FORCE MAJEURE

WC shall not be liable for any delay, interruption, failure, degradation of service, or inability to provide Website access resulting from causes beyond its reasonable control, including but not limited to natural disasters, acts of God, power outages, internet disruptions, cyberattacks, governmental actions, labor disputes, public health emergencies, equipment failures, or other force majeure events.

ELECTRONIC COMMUNICATIONS

By accessing or using the Website, you consent to receive notices, disclosures, and communications electronically. Electronic communications satisfy any legal requirement that such communications be in writing.

NOTICES AND CONTACT INFORMATION

WC may provide notices through the Website, email, postal mail, or other reasonable means.

Questions regarding these Terms may be directed to: drdavis@waypostcounseling.com

GOVERNING LAW AND VENUE

These Terms shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to conflict-of-law principles.

Any legal action arising from or relating to the Website or these Terms shall be brought exclusively in a state or federal court located in Marion County, Indiana, and you consent to the jurisdiction of such courts.

Any claim arising from use of the Website must be filed within one (1) year after the claim accrues or such claim shall be permanently barred.

SEVERABILITY

If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and WC regarding your use of the Website and supersede all prior or contemporaneous understandings regarding the Website.

RESERVATION OF RIGHTS

WC reserves all rights not expressly granted under these Terms.