User Agreement / Terms and Conditions

1 (866) COUNSEL

Updated 5-10-2007

eCounseling.com would like to welcome all visitors to our website. Here persons can find mental health articles and videos, as well as search for an online counselor, a counselor to speak with by phone, or a local counselor.

If you are suicidal, this is not an appropriate place to acquire help. Please stop what you are doing and call 911 immediately.

Please note that online and telephone counseling is not an alternative to medical evaluation or treatment.

In addition to providing mental health information and a listing of counselors, eCounseling.com provides a venue for counseling to take place. eCounseling.com DOES NOT provide counseling or employ counselors. All counselors listed on eCounsleing.com, and using eCounseling.com technologies, are private providers of counseling services. All persons registering with eCounseling.com should consider carefully the terms and conditions in this document before using any of the services provided through the eCounseling.com technologies.

All services provided are subject to the terms of this Agreement. eCounseling.com reserves the right to modify this Agreement at any time. Changes will accessible to view from eCounseling.com

This document may refer to you as “User” while the term “Provider” will refer to eCounseling.com.

Disclaimer

eCounseling.com provides mental health information (articles, videos, etc.) for general purposes only. Information posted on eCounseling.com is not a substitute for a professional consultation or health evaluation. Use of any information provided is solely at the risk of the User. Opinions expressed are solely those of the authors. Provider does not assume any liability or responsibility for the accuracy of any material provided, nor does Provider assume any liability or responsibility for damage or injury to persons arising from the use of any information, products, or services provided. Persons seeking mental health treatment should consult with a licensed mental health professional. Any individual presenting medical problems should immediately consult with a physician.

All “Verified” mental health professionals listed on eCounseling.com are required to provide proof of valid licensure and liability insurance. In addition, eCounseling.com checks to confirm licensure is valid before granting any person use our technology to conduct their private counseling services online or by telephone. In addition, eCounseling.com removes any counselor found not to abide by the high ethical standards of eCounseling.com. Potential clients are advised to check the credentials and licensure standing of a counselor prior to soliciting services from any counselor.

Advertisement Policy

eCounseling.com makes clearly marks content by third party advertisements and sponsors by labeling them as “advertiser”, “sponsor”, or by some comparable designation. Hence, Provider makes clear distinctions between sponsored/advertiser information and non-bias health information.

Payment and Refund Policy

Fees for counselor time are set by each individual counselor. Payment is made through the eCounseling.com’s online payment terminal. User confirms ownership of any credit card being used for payment. User understands that it is the policy of eCounseling.com for payment for online counseling services to be made solely though the eCounseling.com payment terminal. If at any time an online or phone counselor asks for—or suggests the possibility of—payment through any other method, please contact eCounseling.com support immediately at support@ecounseling.com, or by calling 1-866-COUNSEL.

If User makes payment for a scheduled session, the session cannot be canceled of rescheduled. If a user misses a scheduled session, User agrees to pay all fees for that session. Refunds for services are provided only if a counselor fails to provide services. eCounseling.com cannot provide a refund because of client dissatisfaction with a counselor. User Rules

User agrees to refrain from use of services for any purpose—or in any method—that violates any local, state, federal or international law; or engage in any conduct that could cause damage to Provider or inhibit others from benefiting from, or using, services.

User agrees not to falsify his/her identity in any way.

Provider may, without notification to User, terminate the account of Users who fail to abide by the aforementioned User rules.

Limitation of Liability

All materials and services provided by eCounsleing.com are provided on an “as is” basis. User understands the use of materials or services is at the User’s own risk. Provider disclaims any warranties, weather explicit or implied, to the fullest extent of law.

Provider is not liable for the conduct of third parties, including counselors listed on eCounseling.com.

Provider is not liable for damages of any nature including, direct, incidental, consequential, or special damages that may occur from User’s use of eCounseling.com or inability to access or use services.

Counselor Services & Confidentiality

If user chooses to interact with any mental health professional through eCounsleing.com, interactions are strictly between the user and the third party. User acknowledges that persons listed at eCounseling.com are not employees of Provider and that Provider assumes no responsibility for any act or omission by any listed individual.

eCounseling.com functions as a venue that provides a space and method for communication. Provider advises and encourages Users to check the credentials of any mental health professional with applicable state regulatory boards.

User understands that counseling possesses both benefits and risks. Risks may include—but are not limited to—experiencing feelings such as stress, sadness, guilt, and frustration. In addition, User may not agree with a counselor’s assessment, diagnosis, perspective, or treatment. User understands disagreement does not constitute a refund of counselor’s fees. Benefits of counseling can be profound and may include improved mood, resolved personal problems, improved/healed relationships with others, better self image/self-esteem, and improved mental or behavioral functioning.

Benefits to phone and online counseling may be comparable to those in traditional face-to-face sessions—the building of a counselor-client therapeutic alliance designed to assist a client in his/her personal growth, life issues, and mental health. However, with use of verbal only or text only methods, a counselor may be limited in that he/she is unable to take into account the visual or non-verbal cues of a client. Much of the research in regards to the efficacy of distance methods for counseling is pending. A client should weigh the benefits against the limitations of services before consenting to the counseling process.

Limits of confidentiality differ from state to state. However, by policy of eCounsleing.com, counselors are to abide by the laws of their practicing states in regards to reporting any necessary information. This may include the circumstance of a User, deemed to be serious threat to him/herself or others, being reported to legal authorities or local social services. It is also law in many states that any disclosure of child abuse, abuse of a handicapped person, or abuse of an elderly person must be reported immediately to appropriate authorities. Counselors should provide User with any additional information required by the state in which the counselor is licensed. This may include, but is not limited to, information on the counseling process, methods, counselor education, or specific licensure details of the counselor.

Because of the use of technology in counseling, and the use of electronic record keeping, there exists the possibility of the loss of confidentiality by means of security breach. Provider takes considerable measures to combat this liability including the use an independent secure server, and encryption software. In addition, eCounseling.com is protected by a digital certificate and secure socket layer (SSL) encryption. As a means to maintain clients’ electronic counseling records and accounts, eCounseling.com administration will have authorized access to user files. Administration of eCounseling.com agrees to keep all user information in confidence to the greatest extent of the law, including payment information, records, and contact information.

Summary

This Agreement constitutes the entire agreement between the User and Provider and supersedes any and all prior agreements, or communication (written or oral) between User and Provider. Provider may amend this Agreement or impose new conditions at any time by publishing new terms on eCounseling.com. Any use of services by User after any amendment shall be deemed to constitute acceptance by User of all amendments.

It is agreed that if any part, term, or provision of these terms and conditions are held by a court to be unlawful, the validity of the remaining terms of this Agreement will remain valid and enforceable.