Terms of Use

Last updated April 10, 2023

Our website is https://staycuriouspsychology.com (the “Site”).  The site is operated by Stay Curious Psychology/Jennifer Mitchell. Stay Curious Psychology is a sole proprietorship operating under the laws of Alberta, Canada. In the Terms of Use outlined below, “we,” “us” and “our” refer to Stay Curious Psychology and the terms “you” or “your” refer to any user of the site.

NOTICE: It is your sole responsibility to thoroughly read the Terms of Use (“Terms) before using the site. These terms govern and define your use of the Site and are legally binding to you

Use of Site

When you accessed our Site, you were given reasonable notice that terms existed on this site.  By accessing and continuing to use our Site or by clicking to accept or agree to these Terms when the option is made available to you, you agree to be legally bound and abide by these Terms and our Privacy Policy whether you have read them or not. If you do not agree with these Terms or our Privacy policy, you cannot access our Site or Services.

By using our Site or by clicking to accept these Terms, you accept and agree to be bound by and comply with these Terms as well as our Privacy Policy. You further agree you are the legal age of majority in your jurisdiction to enter into a contract with us. If you do not meet these requirements, you cannot use our site.

If you wish to have any of your personal information  and/or access to our Site removed, you may email us at jenn@jlmpsychology.com and we will make reasonable efforts to do so. More information about how we collect, process and store your personal information can be found in our Privacy Policy

Fees and Refunds

Fees are as listed on our Site and in CDN dollars. Fees may change at times, based on fee recommendations made by the psychological association of Alberta (PAA).

We do not provide refunds. Any refunds issued are determined on a case-by-case basis.

Chargebacks

You agree to make every attempt to request a refund prior to attempting a chargeback with your financial institution or any third-party payment processor we use to process payment on our Site. We reserve the right to present proof of your access and these Terms any third party investigating the dispute.

Intellectual Property and Ownership  of Rights

Ownership of Intellectual Property Rights
All content, resources, materials, images, text, designs, graphics, page layouts, icons, videos, logos, taglines, trademarks (whether common law or registered), copyright, and service marks (“Intellectual Property”) on our Site are owned by us are either the property of Stay Curious Psychology or used with the appropriate permissions. All content on the Site and in any Services is proprietary to us and you may not modify, whether in whole or in part, and of our Intellectual Property as this is a violation of federal law. 

You are strictly prohibited, and may NOT under any circumstance, use our Intellectual Property in any way including re-posting or republishing any of our Intellectual Property to any third-party website or social media platform for any purpose whatsoever. 

Violations and Indemnity

We take violations and infringement of our Intellectual Property rights seriously. We expressly reserve the right to take whatever legal steps necessary to protect and defend our Intellectual Property, and violators will be prosecuted to the fullest extent permissible by law. You agree to indemnify, defend and hold us harmless for any and all damages, costs and expenses, including legal fees, arising from your misuse of our Intellectual Property and our enforcement of our rights.

SECURITY

General

You understand that unfortunately, the transmission of information via the internet is not completely secure. Although we make commercially reasonable efforts to protect your information, we cannot guarantee the security of your personal information transmitted to our Site via the contact us page. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our Site. 

Use of Third-Party Applications

To run our site and services, we use third party applications for managing the website, scheduling, and processing payments (Link to Jane APP is provided for scheduling and payments). It is your responsibility to review the terms of use for any third-party site or application. If you do not agree with the terms of use any third party applications, discontinue use of our site.

Stay Curious Psychology is not responsible for the content of any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk and discretion.

Confidentiality

You acknowledge that we have no duty of confidentiality to you, unless otherwise explicitly stated, such as in a subsequent client agreement, or as may be mandated by law or fiduciary duty.

Your Communication with Us

Any communications made through our contact form, or other related pages, or directly to our phone(s), mailing or email addresses is not held privileged or confidential and may be subject to viewing and/or distribution by third-parties. We own all communications displayed on our website, servers, comments, emails, or other media as permitted under law and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how we store and use your communications or any information provided by you in those communications, please refer to our Privacy Policy.

You agree not to submit any content or communications that contain sensitive information or that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent, or otherwise harmful or inappropriate. We reserve the right, in our sole discretion, to block your access to our Site and Services because of any such behaviour that we deem inappropriate.

Prohibited Behaviour

By using our Site, you agree not to misuse or tamper with our Site, including but not limited to hacking, introducing viruses, trojans, worms, logic bombs or other technologically harmful material that would harm the functionality of, or jeopardize the security of our Site. We will immediately report any such breach or what we deem in our discretion to be harmful activities to the relevant law enforcement authorities. You agree to indemnify, defend and hold us harmless from any and all third-party claims, liability, damages and/or costs arising from your use and misuse of our Site and/or your breach of these Terms.

ASSUMPTION OF RISK AND DISCLAIMERS

Assumption of Risk
Use of this Site is at your own risk. You understand and agree that use of our Site, its contents, or items found or attained through this Site is at your own risk.

Warranties Disclaimer
We make no warranties as to our Site, the Services or any related materials. You agree that our Site, and Services are provided “as is” and without warranty of any kind either express or implied. To the fullest extent permissible pursuant by applicable law, we expressly disclaim all warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement.

No Guarantees

While we may reference certain results, outcomes or situations on this Site or Services, you understand and acknowledge that we make no guarantee as to the accuracy of any third-party statements or the likelihood of success for you as a result of any statements or testimonials contained on our Site or as part of the Services.

General Disclaimer
To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by you or others in connection with the use of our Site or the Services, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, and for any other loss or damage of any kind, whether caused by negligence, breach of contract or otherwise, whether foreseeable or unforeseeable.

Third Party Disclaimer
You acknowledge and agree that we are not liable for any defamatory, offensive, or illegal conduct of any other third-party participant or user, including you.

Technology Disclaimer
We make reasonable efforts to provide you with modern, reliable technology, software, and platforms from which to access our Site and Services. In the event of a technological failure, you accept and acknowledge that we are not in any way responsible or liable for said failure and any resulting damages to you or your business. While we will make reasonable efforts to support you, some technological issues are outside our control and you may need to access support from a third-party provider. We do not warrant that the Site will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of the Site or Services are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of our Site, Services or related materials, or on third-party websites in terms of their correctness, accuracy, timeliness, reliability, or otherwise.

Not Professional Advice

This website is provided for information and education purposes only. No guarantees are made regarding any of the information contained within this website. This website is not intended to offer specific wellness, or therapeutic advice to potential clients or any user in general.

No psychologist/client relationship is established by using the site and no diagnosis or treatment is being provided. We owe you no duty of confidentiality or other professional duty because of your use of our Site and/or Services unless we have explicitly agreed to enter into a client/psychologist relationship with you.

This site is not meant to be a substitute for the advice/direction provided by your psychologist or other health professional with whom you have a contracted agreement. You should not use the information contained here for diagnosing any type of mental health or health issue more broadly. You should always consult your own medical and psychological advisors. We expressly disclaim all responsibility for any actions or omissions you choose to make because of using this Site and/or Services.

Third-Party Contributors

We may provide content to you written by third-party contributors on our Site. While we make our best effort to ensure all of our writers are qualified in their industry and reflect our values, we make no guarantees of quality or accuracy.  All written content on the Site are opinion pieces and must not be interpreted as our opinion or as specific advice. We are not liable for any third-party contributors’ content or opinions. You must not rely on Site content or third-party contributors’ opinions and always seek the appropriate professional advice.

LIMITATION OF LIABILITY AND INDEMNITY

Limitation of Liability
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL  The COMPANY NOR, WHERE APPLICABLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AFFILIATES OR SUCCESSORS (“COLLECTIVELY, THE “RELEASED PARTIES”) BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH OR DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION ON THE WEBSITE EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE, WHATSOEVER, SHALL BE LIMITED TO ANY ACTUAL AMOUNT PAID BY YOU FOR ANY PRODUCTS AND/OR SERVICES YOU HAVE ORDERED THROUGH OUR SITE.

Release, Indemnity and Waiver
To the maximum extent permitted by applicable law, you agree to defend, indemnify release and hold harmless the Released Parties from and against any claims, liabilities, damages, judgements, awards, losses, costs, expenses or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms or your use of our Site, including but not limited to any user submissions, third-party sites, any use of our Site’s content or materials, services and products other than as expressly set out in these Terms.

Affiliates
We may use affiliate links to sell certain products or services on our Site. In doing so, we disclaim any and all liability as a result of your purchase through one of the links, including but not limited to, the delivery, quality and safety of the purchased product or service. We will use reasonable efforts to notify you when and where we have placed affiliate links in addition to this disclaimer located in these Terms. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on our Site or related communications. You agree it is your obligation to read the terms and conditions for any affiliate site, services or products.

Termination of Your Use
If at any time we believe that you have violated these Terms, we shall immediately terminate your use of our Site, the Services and any related communications as we deem appropriate and in our sole discretion. At any time, we may block or revoke your access of our Site and Services at any time without notice, and if necessary, block your IP address from further visits to our Site.

GENERAL 

Full Agreement
You acknowledge that these Terms of Use, together with our Privacy Policy constitute the full agreement relating to your use of the Site and Services.

Governing Law and Jurisdiction
These Terms as well as our Privacy Policy are  governed by and interpreted in accordance with the laws of  Alberta and the federal laws of Canada where applicable. Any disputes arising directly or indirectly from this Agreement will be submitted and heard exclusively in the courts of Calgary, Alberta. 

Severability
If any of the provisions of these Terms are found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not, to the extent permitted by law, in any way be affected and will remain enforceable.

All Rights Reserved

We reserve the right to update and change these Terms at any time and it is your responsibility to review these Terms periodically. You can review the most current version of our Terms at any time by visiting this page. Your continued use of or access to the Site and/or Services affirms your acceptance of any changes to our Terms. All rights not expressly set out and granted in these Terms and Conditions of Use and/or our Privacy Policy are expressly reserved by us.

Contact
If you have any questions about these Terms and Conditions of Use, please send an email to jenn@jlmpsychology.com