Terms & Conditions

Updated July 26, 2016

By visiting gabibarnettcounseling.com (herein referred to as ‘website’ or ‘therapist’), you accept and agree to the terms of use outlined below. The terms ‘you’ or ‘your’ refers to anyone who uses, visits, and/or reviews this website.

Your use of this website constitutes your acceptance of these terms and conditions-including any updates or changes to the policy. If you do not wish to be bound by these terms of use, you must not access or use the website.

Visiting and reviewing this site doesn’t create a therapeutic relationship, but it does mean agreeing to:

  • You are 18 years or older. If you are younger than 18+ you are with a parent or legal guardian or are emancipated and legally have all rights afforded to adults that are 18 years or older.

  • Therapist is dedicated to respecting privacy of your personal information. The website has a separate Privacy Policy, with these policies incorporated throughout the terms of use.

  • The website has a separate disclaimer, with these policies incorporated throughout the terms of use, and your acceptance of therapist disclaimer.

  • Using this website to gather information about clinician’s practice and any educational information provided via explanation of specialties, diagnoses, therapeutic modalities, etc.

  • Submitting a contact form or browsing these pages does not mean the creation of a therapeutic relationship.

  • Contacting therapist through this site means you agree that therapist can use your information to contact you to provide services. Therapist will respond based on contact information provided to the best of their ability in a timely manner.

  • Therapist will protect personal information through reasonable and recommended security measures.

  • Therapist and website takes reasonable and recommended steps to protect your privacy. However, contacting therapist online- whether through contact form or email- isn’t guaranteed to be 100% secure. For your privacy, avoid sharing highly sensitive health or personal information through unencrypted channels. To reach out with increased security, please call therapist at 615-592-6394.

  • This website, contact form, email, and phone number does not offer and is not used for immediate and emergency support. If there is an emergency please call 911, *988.

  • All content on this site is the property of Gabriela Barnett, LPC-MHSP, and cannot be copied, reproduced, or distributed without written consent. You acknowledge and agree that you have no right to share, modify, sell, edit, copy, reproduce, create derivative works of, reverse engineer, enhance, or exploit our products. You cannot sell or redistribute any of our products, whether free or paid, without our express written consent.  You agree to abide by the copyright, trademark laws, and intellectual property rights and shall be solely responsible for any violations of these terms and conditions.

  • This website may contain third-party websites or resources. We do not own or control these third-party websites. Once you click on a third-party link and leave this website, visits to third party website governed by their policies rather than therapists, and you assume all risks for using these websites, resources, and any transaction between you and third party, with this therapist not responsible or liable.

  • Information gathered through this website are not advice and is not to be taken as actionable clinical steps.

  • In no event shall the provider of this site or its suppliers be liable for any damages (without limitation, damages for loss of data or profit, or due to business interruption). 

  • You agree that therapist can refuse, remove, restrict your access, revoke, and terminate use of website based on therapist’s sole discretion, for any reason, without notice.

Mandatory Arbitration & Governing Law:

You expressly waive any legal claims you may have now or in the future arising from or related to the website and therapist services. In the event of a dispute, claim, or controversy arising from or relating to your use of this website, the terms and conditions shall be construed under the laws of the state of Tennessee, United States.

You agree to first resolve any disputes or claims through mandatory arbitration, and you consent to and submit to the jurisdiction and courts of Tennessee, without regard to conflict of law principles or where the parties are located at the time of the dispute.

You agree to bear the full cost of arbitration, to the extent permitted by law. Participation in arbitration in good faith is a condition precedent to pursuing any other legal or equitable remedies available, such as litigation or any other legal procedure. You also agree that if a legal claim is filed after the required arbitration, the prevailing party shall be entitled to recover reasonable attorney's fees and other legal costs.

Mandatory Arbitration & Governing Law:

You expressly waive any legal claims you may have now or in the future arising from or related to the website and therapist services. In the event of a dispute, claim, or controversy arising from or relating to your use of this website, the terms and conditions shall be construed under the laws of the state of Tennessee, United States.

You agree to first resolve any disputes or claims through mandatory arbitration, and you consent to and submit to the jurisdiction and courts of Tennessee, without regard to conflict of law principles or where the parties are located at the time of the dispute.

You agree to bear the full cost of arbitration, to the extent permitted by law. Participation in arbitration in good faith is a condition precedent to pursuing any other legal or equitable remedies available, such as litigation or any other legal procedure. You also agree that if a legal claim is filed after the required arbitration, the prevailing party shall be entitled to recover reasonable attorney's fees and other legal costs.

User Content & Legal Use of Website:

Any content that you share with this therapist via website, social media, or email, will be legal

(a) illegal, violates or infringes upon the rights of others, 

(b) defamatory, abusive, profane, hateful, vulgar, obscene, libelous, pornographic, threatening, 

(c) encourages or advocates conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any law,

(d) distribute material including but not limited to spyware, computer viruses, any kind of malicious computer software, or any other harmful information that is actionable by law, 

(e) any attempts to gain unauthorized access to any portion or feature of the website, and 

(f) send unsolicited or unauthorized material or disrupt the operation of the website. You agree to use the website for lawful purposes only and shall be liable for damages resulting from the violation of any provision contained in these Terms and Conditions. 

No Warranties:

ALL CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES ON THE WEBSITE ARE “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE, EXPRESS OR IMPLIED TO THE FULL EXTENT PERMISSIBLE BY LAW. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, PRODUCTS, AND/OR SERVICES PROVIDED ON THIS WEBSITE. COMPANY MAKES NO WARRANTIES THAT THE WEBSITE WILL PERFORM OR OPERATE TO MEET YOUR REQUIREMENTS OR THAT THE INFORMATION PRESENTED HERE WILL BE COMPLETE, CURRENT, OR ERROR-FREE. COMPANY DISCLAIMS ALL WARRANTIES, IMPLIED AND EXPRESS FOR ANY PURPOSE TO THE FULL EXTENT PERMITTED BY LAW.

Limitation of Liability:

  • You agree that under no circumstances, therapist and affiliated third parties shall be liable for any direct, indirect, incidental, consequential, equitable, special, punitive, exemplary or any other damages resulting from your use of this website including but not limited to all the content, information, products, services and graphics presented here. 

  • You expressly agree that your use of the website is at your sole risk and that you are solely responsible for the accuracy of the personal and any information you provide, the outcome of your actions, personal and business results, and for all other use in connection with the website.

  • You also expressly agree that therapist and third party affiliates shall not be liable to you for any damages resulting from 1) any errors or omissions on the website, delay or denial of any products or services, failure of performance of any kind, interruption in the operation and your use of the website, website attacks including computer virus, hacking of information, and any other system failures; 2) any loss of income, use, data, revenue, profits, business or any goodwill related to the website; 3) any theft or unauthorized access by a third party of your information from the website regardless of our negligence; and 4) any use or misuse of the information, products and/or services offered here. 

  • This limitation of liability shall apply whether such liability arises from negligence, breach of contract, tort, or any other legal theory of liability. You agree that we provide no express or implied guarantees to you for the content presented here, and you accept that no particular results are being promised to you here.  

Indemnification:

You agree to indemnify and hold therapist and third party affiliates harmless from all losses, claims, damages, demands, actions, suits, proceedings, or judgments, including costs, expenses and reasonable attorneys' fees ("Liabilities") assessed against or otherwise incurred by you arising, in whole or in part, from (a) actions or omissions, whether done negligently or otherwise, by you, your agents, directors, officers, employees or representatives; (b) all your actions and use of the website including purchasing products and services; (c) violation of any laws, rules, regulations or ordinances by you; or (d) violation of any terms and conditions of this website by you or anyone related to you; e) infringement by you or any other user of your account of any intellectual property or other rights of anyone. Therapist will notify you promptly of any such claims or liability and reserves the right to defend such claim, liability, or damage at your expense. You shall fully cooperate and assist us if requested, without any cost, to defend any such claims. 

Waiver of Class Actions:

You agree that any dispute arising from or related to this Agreement will be resolved solely between you and therapist. You waive your right to bring a class action against us and agree not to bring claims against us as a member of a class or as a representative. 

Entire Agreement:

  • These Terms and Conditions along with our Privacy Policy and Disclaimer constitute the entire agreement between you and us for this website. It supersedes all prior or contemporaneous communications, discussions, negotiations, or proposals we may have had with you whether electronic, oral, or written. 

  • A printed version of this entire agreement including the Privacy Policy and Disclaimer and any notice given in electronic form shall be admissible in judicial or administrative proceedings concerning this website to the same extent and given the same effect as other business contracts and documents kept and maintained in printed form. 

Severability:

If any provision in these Terms and Conditions is deemed by a court, regulatory authority, or other public or private tribunal of competent jurisdiction to be invalid or unenforceable, such provision is deemed to have been omitted from this Agreement. The remainder of this Agreement remains in full force and effect and is modified to any extent necessary to give such force and effect to the remaining provisions, but only to such extent.

Modifications:

Therapist reserves the right, in its sole discretion and without notice, to (a) revise these Terms and Conditions; (b) modify the website and/or any services or products it offers; and (c) discontinue the website and/or products or services at any time. Any changes to these terms will take effect immediately. You agree to review these Terms and Conditions and any other online policies posted on the website regularly to be aware of any changes. You agree to be bound by the revision if you continue to use or access the website after these modifications.

Acknowledgement:

By using any of our products, or services or accessing the site, you acknowledge that you have read and agree to be bound by these terms and conditions.

Please feel free to reach out and contact therapist if there are any questions regarding terms of use at gabi@gabrielabarnett.com or 615-592-6394.