Terms of Use

Dr. Holzmacher's Business Logo

TERMS OF USE / INFORMED CONSENT FOR PSYCHOTHERAPY & PSYCHOLOGICAL TESTING

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Important Information

You should carefully read the following Terms and Conditions. Your purchase or use of our products implies that you have read and accepted these Terms and Conditions.

Introduction

The following terms and conditions govern all use of the Psychological and Neuropsychological Issues website and all content, services and products available at or through the website. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Psychological and Neuropsychological Issues Privacy Policy).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not request online or office clinical time with Dr. Holzmacher. If these terms and conditions are considered an offer by Psychological and Neuropsychological Issues, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 16 years old.

Dr. Holzmacher is licensed psychologist who maintains active licenses in Illinois and Florida.  Please note the following important items:

1) Read the fee schedule and e-mail Dr. Holzmacher if there are any questions.  The fee is paid directly to Dr. Holzmacher through PayPal and Google merchant services.

2) All records of psychotherapeutic contact are kept in a locked storage area.  All request for records should be made by e-mail directly to Dr. Holzmacher.  A letter or fax with a signature of the patient (or power of attorney) needs to be received before records will be sent.  The patient or POA must stipulate where and to whom the records are to be sent.  The patient can withdraw this permission at any time, utilizing a signed form through the mail or fax.  A POA or responsible adult, acting for a minor, can perform this request as well.

3) Dr. Holzmacher can guarantee that his records and professional thoughts regarding a patient’s case are completely confidential.  He cannot guarantee the confidentiality of e-mails or any type of electronic communication; including the telephone.  Dr. Holzmacher will strive to make contact over Skype completely confidential.  Dr. Holzmacher is not able to guarantee that the Skype connection is completely secure.  Dr. Holzmacher shall never retain a digital copy of the session on any computer.

4) By agreeing to these terms and conditions, you are giving Dr. Holzmacher consent to provide psychological and/or neuropsychological treatment.  The patient may withhold or withdraw this consent at any time without affecting their right to future treatment or care.  A power-of-attorney or responsible adult may provide or withdraw consent for treatment on behalf of the patient.  The POA or responsible adult for a minor must provide written proof of their relationship.

5) All existing laws regarding the patient’s access to psychological information and copies of psychological records apply.  These laws were revised a few years ago under the “Health Insurance Portability and Accountability Act of 1996.”  Number two above outlines the basic responsibilities of this law.

6) Any images or information from the online psychotherapy interaction shall not be disseminated without the consent of the patient.  Dr. Holzmacher will not store copies of audio or visual information from a clinical session on any computer, whatsoever.  Psychological information obtained within the office shall not be disseminated without the consent of the patient.

7) Prospective patients under 18 years of age must obtain written permission from their legal guardian.  Dr. Holzmacher will only work with patients older than 16 years of age online.

8) Prospective patients need to read the section of the “online psychotherapy” page regarding those who are not appropriate for this form of treatment.  It is necessary for prospective patients to read this prior to contacting Dr. Holzmacher.

9) The primary limitation of online psychotherapy is difficulty appreciating a patient’s nonverbal physical cues, which may slow the progress of psychotherapy.  Dr. Holzmacher has not been apprised of research on this topic, but it may be an inherent limitation of this communication medium.  The visual aspect of Skype reduces the limitation, but only relative to psychotherapy over the telephone.  The actual physical presence of the psychologist may increase the motivation to accomplish therapeutic goals.  Perhaps the act of dressing and driving to an appointment adds to the effectiveness of any intervention.  These are termed “nonspecific factors” of psychotherapy.  Here again, the research is very limited as to the relative importance of these components.  The primary benefits of online psychotherapy are convenience and affordability.  There may be an additional benefit of having specific treatment resources available to the patient that is difficult to mimic in the office; e.g., download of a video or treatment protocol.

10) Once a prospective patient agrees to Dr. Holzmacher's terms of service, this consent will become a part of that patient’s medical record.  As mentioned, the consent may be withdrawn at any time.

Ownership

You do not claim intellectual property right or exclusive ownership to any of our products, modified or unmodified. All products are property of Psychological and Neuropsychological Issues. Our products are provided 'as is' without warranty of any kind, either expressed or implied. In no event shall our company be liable for any damages including, but not limited to, direct, indirect, special, punitive, incidental or consequential, or other losses arising out of the use of or inability to use our products.

Responsibility of Contributors.

If you operate a website, comment on a website, post material to the website, post links on the website, or otherwise make (or allow any third party to make) material available by means of the website (any such material, 'Content'), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

  • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
    the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • the Content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party;
  • your site is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your site's URL or name is not the name of a person other than yourself or company other than your own; and
  • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Psychological and Neuropsychological Issues or otherwise.

By submitting Content to Psychological and Neuropsychological Issues for inclusion on your Website, you grant Psychological and Neuropsychological Issues a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your site. If you delete Content, Psychological and Neuropsychological Issues will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, Psychological and Neuropsychological Issues has the right (though not the obligation) to, in Psychological and Neuropsychological Issues's sole discretion (i) refuse or remove any content that, in Psychological and Neuropsychological Issues's reasonable opinion, violates any Psychological and Neuropsychological Issues policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Psychological and Neuropsychological Issues's sole discretion. Psychological and Neuropsychological Issues will have no obligation to provide a refund of any amounts previously paid.

Responsibility of Website Visitors.

Psychological and Neuropsychological Issues has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Psychological and Neuropsychological Issues does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Psychological and Neuropsychological Issues disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Content Posted on Other Websites.

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and WebPages to which Psychological and Neuropsychological Issues links, and that link to Psychological and Neuropsychological Issues. Psychological and Neuropsychological Issues does not have any control over those non- Psychological and Neuropsychological Issues websites and WebPages, and is not responsible for their contents or their use. By linking to a non- Psychological and Neuropsychological Issues website or webpage, Psychological and Neuropsychological Issues does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Psychological and Neuropsychological Issues disclaims any responsibility for any harm resulting from your use of non- Psychological and Neuropsychological Issues websites and WebPages.

Copyright Infringement and DMCA Policy.

As Psychological and Neuropsychological Issues asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Psychological and Neuropsychological Issues violates your copyright, you are encouraged to notify Psychological and Neuropsychological Issues. Psychological and Neuropsychological Issues will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Psychological and Neuropsychological Issues or others, Psychological and Neuropsychological Issues may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Psychological and Neuropsychological Issues will have no obligation to provide a refund of any amounts previously paid to Psychological and Neuropsychological Issues.

Intellectual Property.

This Agreement does not transfer from Psychological and Neuropsychological Issues to you any Psychological and Neuropsychological Issues or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Psychological and Neuropsychological Issues. Psychological and Neuropsychological Issues, www.Psychological and Neuropsychological Issues.com, the Psychological and Neuropsychological Issues logo, and all other trademarks, service marks, graphics and logos used in connection with Psychological and Neuropsychological Issues, or the Website are trademarks or registered trademarks of Psychological and Neuropsychological Issues or Psychological and Neuropsychological Issues's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Psychological and Neuropsychological Issues or third-party trademarks.

Changes.

Psychological and Neuropsychological Issues reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Psychological and Neuropsychological Issues may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination.

Psychological and Neuropsychological Issues may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Psychological and Neuropsychological Issues account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a VIP Services account, such account can only be terminated by Psychological and Neuropsychological Issues if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Psychological and Neuropsychological Issues's notice to you thereof; provided that, Psychological and Neuropsychological Issues can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties.

The materials on Psychological and Neuropsychological Issues's web site are provided 'as is'. Psychological and Neuropsychological Issues makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Psychological and Neuropsychological Issues does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

Limitation of Liability.

In no event will Psychological and Neuropsychological Issues, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Psychological and Neuropsychological Issues under this agreement during the twelve (12) month period prior to the cause of action. Psychological and Neuropsychological Issues shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty.

You represent and warrant that (i) your use of the Website will be in strict accordance with the Psychological and Neuropsychological Issues Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification.

You agree to indemnify and hold harmless Psychological and Neuropsychological Issues, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.

Site Terms of Use Modifications

Psychological and Neuropsychological Issues may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

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