Terms of Use

By visiting and using www.joannagardy.com (hereinafter the “website”), you  accept and agree to be bound by these Terms and Conditions including our  Disclaimer and Privacy Policy posted on the website and incorporated  herein by reference.  

The term “you” refers to anyone who uses, visits and/or views the website.  Joanna L. Gardy, LMHC (“company”, “I”, “we” or “us”) reserves the right to amend  or modify these terms and conditions in its sole discretion at any time without  notice and by using the website, you accept those amendments. It is your  responsibility to periodically check the website for updates.  

Your continued use of the website after posting of any changes to our  Terms and Conditions constitutes your acceptance of those changes and  updates. You must not access or use the website if you do not wish to be  bound by these Terms and Conditions. 

INTENDED AGE  

All information and content on this website are intended for individuals over the  age of 18. Children, as defined in our Privacy Policy, are prohibited from using  this website.  

PRIVACY POLICY 

We are dedicated to respecting the privacy of your personal information. Your  acceptance of our Privacy Policy is expressly incorporated into these Terms and  Conditions. Please review our Privacy Policy for more information. 

DISCLAIMER 

Your acceptance of our Disclaimer is expressly incorporated into these Terms  and Conditions. Please review the Disclaimer for more information.   

MANDATORY ARBITRATION AND GOVERNING LAW  

You expressly waive any legal claims you may have now or in the future arising  from or related to the website and our products/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 in accordance with the laws of the  state of Massachusetts, 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 Massachusetts,  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. 

INTELLECTUAL PROPERTY  

All content on this website including but not limited to text, posts, logos, marks,  graphics, files, materials, services, products, videos, audio, applications,  computer code, designs, downloads and all other information here (collectively,  the “Content”) is owned by us and is protected by copyright, trademark and other  intellectual property and unfair competition laws with the exception of any content  from others that we are lawfully permitted to use. You are granted a limited  revocable license to print or download Content from the website for your own  personal, non-commercial, non-transferrable, informational and educational use  only while ensuring it’s not in violation of any copyright, trademark, and  intellectual property or proprietary rights. 

You agree not to copy, duplicate, steal, modify, publish, display, distribute,  reproduce, store, transmit, post, create derivative works, reverse engineer, sell,  rent or license any part of the Content in any way to anyone, without our prior  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.  

USER CONTENT AND LAWFUL USE OF THE WEBSITE  

For any Content or information that you upload, display, post, transmit, send,  email or submit to us on the website or on any of our social media sites, you  warrant that you are the owner of that Content or have express permission from  the owner of those intellectual property rights to use and distribute that Content  to us.  

You grant us and/or our officers, employees, successors, shareholders, joint  venture partners or anyone else working with us a royalty-free, perpetual,  irrevocable, worldwide, non-exclusive right and license to identify you, publish,  post, reformat, copy, distribute, display, edit, reproduce any Content provided by  you on our website and on any of our social media sites for any purpose. You  shall be solely liable for any damages resulting from any infringement of  copyrights, trademark or other proprietary rights of any Content or information  that you provide to us. 

You agree not to upload, display, post, transmit, distribute, send, email or submit  to us on the website or on any of our social media sites any information or  Content that is-  

(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 virus, 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 cause disruption in 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.  

CONTACT 

For any questions, please contact us at joanna@joannagardy.com.