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Terms and Conditions for use of this Website
PUBLIC DISCLAIMER & LIABILITY WAIVER
| By accessing and using any information, content, or services provided through James Fitzgerald’s website, blog, YouTube channel, LinkedIn or Facebook pages (hereinafter referred to collectively as “Online Platforms”), each user acknowledges and agrees to the following terms and conditions in full. These terms and conditions are subject to change without notice, and any such changes will be posted on the Online Platforms. Continued use of the Online Platforms after changes have been posted indicates the user’s acceptance of these modifications. |
| This website is considered a method of electronic communication, similar to text and email, and as such requires the following disclaimer: This electronic communication and any documents(s) or date file(s) accompanying it could contain CONFIDENTIAL information belonging to James Fitzgerald that is legally protected. This information is intended for the use of the individual clients or potential clients of James Fitzgerald, the entities to which this electronic communication is addressed. Any recipient of this information is prohibited from sharing the information to any other person or entity. If you are not a client or potential client and have reached this page (this electronic transmission) in error, please navigate away from the page, and do not use or share any information you may have viewed. |
| IN ADDITION, electronic communication between us on the platforms may contain material protected by HIPPA and other privacy laws (45 CFR, Parts 160 & 164;42 CFR Part 2). If you are not a client or potential client of James Fitzgerald therapy, be advised that you may have reached this website in error and that any use, dissemination, forwarding, printing or copying of this content is strictly prohibited. If you are not a client or potential client and have reached this page (this electronic transmission) in error, please navigate away from the page, and do not use or share any information you may have viewed. |
| The information provided on these Online Platforms, including text, graphics, images, and other material, is intended for informational and educational purposes only. It is not a substitute for direct professional mental health advice, diagnosis, or treatment. Users should not rely on the information in lieu of consultation with qualified mental health professionals. If a user has or suspects they have a mental health condition or any other health-related concern, they are encouraged to seek professional assistance promptly. |
| NOT A SUBSTITUTE FOR EMERGENCY SERVICES The Online Platforms are not intended for crisis intervention or emergency mental health services. Users experiencing a mental health crisis or requiring immediate assistance should contact emergency services in their location (e.g., calling 911 in the United States), or proceed to the nearest emergency department. Additional resources may include the 988 Suicide & Crisis Lifeline (in the U.S.) or other local hotlines and support services. |
| If you need immediate support, here are some resources available to you: * NCSS Crisis Support Line, available 24/7: 802-524-6554 or text 741741 (this does not work with messaging apps such as WhatsApp) or use Facebook messenger at facebook.com/crisistextline * Howard Center, Chittenden County First Call, Crisis Support Line, available 24/7: 802-488-7777. On Facebook at https://www.facebook.com/HowardCenterVT/ * Crisis Support for LGBTQ Youth: The Trevor Project: 866-488-7386 or text START to 678678 or chat online at: https://www.thetrevorproject.org/get-help-now/ * National Suicide Prevention Lifeline: 1-800-273-8255 (988) or chat online: https://suicidepreventionlifeline.org/chat/ * Vermont Network Against Domestic and Sexual Violence (802) 223-1302; https://www.vtnetwork.org * Vermont State Police: 802-524-5993 * Emergency: 911 |
| NO THERAPEUTIC RELATIONSHIP Use of the Online Platforms does not create or constitute a therapeutic or professional relationship between any user and James Fitzgerald. While James Fitzgerald is a licensed mental health counselor, any exchange of messages, comments, or information through the Online Platforms does not establish a client-counselor relationship. No guarantees or warranties are made regarding the accuracy, applicability, or efficacy of any information provided. Users assume full responsibility for how they choose to apply information obtained from the Online Platforms. |
| PROFESSIONAL STANDARDS AND LEGAL COMPLIANCE James Fitzgerald, LCMHC, follows all applicable professional standards, ethics, and regulations as required by state licensure boards, federal laws, and relevant professional organizations. This includes, but is not limited to, the ethical guidelines outlined by the American Counseling Association (ACA) and any local licensing regulations. The content shared on the Online Platforms is intended to comply with all applicable laws and professional regulations; however, James Fitzgerald makes no representation or guarantee that the information is comprehensive, up to date, or free from error. |
| NO LIABILITY FOR ACTIONS OR OMISSIONS Users are solely responsible for any decisions or actions they take based on information from the Online Platforms. James Fitzgerald and any associated entities or representatives will not be liable for any direct, indirect, consequential, special, exemplary, or other damages that may result, including, but not limited to, economic loss, injury, illness, or death. Users are strongly advised to consult with licensed professionals regarding their personal circumstances and needs. |
| PRIVACY AND CONFIDENTIALITY James Fitzgerald takes reasonable measures to protect user privacy on the Online Platforms; however, no information transmitted via the Internet can be guaranteed to be completely secure or confidential. Users acknowledge that all information provided on publicly accessible forums (e.g., blog comments, YouTube comments, Facebook posts) is visible to other users and third parties. James Fitzgerald is not responsible for the confidentiality or privacy of any information shared by users on these Online Platforms. For private consultations, users should contact James Fitzgerald through official and secure channels, as permitted by their jurisdiction and professional regulations. |
| EXTERNAL LINKS AND THIRD-PARTY CONTENT The Online Platforms may contain links or references to external websites, content, or services operated by third parties. These links are provided as a convenience and do not imply endorsement of the third-party site or service. James Fitzgerald is not responsible for the accuracy, relevancy, or legality of any information contained in or obtained from third-party websites or content. |
| INSURANCE AND PROFESSIONAL LIABILITY James Fitzgerald maintains appropriate professional liability insurance as required by law and professional regulations. This insurance is applicable only within the scope of licensed, in-person, or telehealth counseling services when an official client-counselor relationship is established through proper channels, consent forms, and contracts. Any use of the Online Platforms is outside the coverage and scope of the professional liability insurance policies. |
| INDEMNIFICATION Users of the Online Platforms agree to indemnify and hold harmless James Fitzgerald, MS, NCC, LCMHC, affiliated entities, employees, and representatives from any claims, liabilities, damages, or expenses (including legal fees) arising out of or related to use of the Online Platforms, violation of this Disclaimer and Liability Waiver, or infringement of any intellectual property or other right of any person or entity. |
| GOVERNING LAW AND JURISDICTION This Disclaimer and Liability Waiver shall be governed by and construed in accordance with the laws of the state or jurisdiction in which [Counselor’s Name] is licensed and practicing. Any dispute arising out of or related to these terms shall be resolved in the courts of the same state or jurisdiction, and each user consents to the jurisdiction of those courts for such purposes. |
| ACCEPTANCE OF TERMS By accessing and using the Online Platforms, each user acknowledges and agrees to abide by all the terms and conditions set forth herein. If a user does not agree to these terms, the user is not permitted to use or access the Online Platforms. The continued use of the Online Platforms signifies the user’s ongoing acceptance of any modifications or updates to this Disclaimer and Liability Waiver. Users who have any questions about this Disclaimer and Liability Waiver, or who wish to inquire about establishing a therapeutic relationship with James Fitzgerald, may contact him at vttherapist@jamesfitzgeraldtherapy.com |
| REFERENCES American Counseling Association. (2014). ACA Code of Ethics. https://www.counseling.org/knowledge-center/ethics |