Terms of Service

01

Agreement to these terms

These Terms of Service (“Terms”) govern your use of desertwindscounseling.com, our newsletter, and digital educational resources offered through the site (collectively, the “Website”). By accessing or using the Website, you agree to these Terms and our Privacy Policy. If you do not agree, please do not use the Website.

You must be at least 18 years old, or have the permission and supervision of a parent or legal guardian, to make a purchase through the Website.

02

Clinical boundaries and emergencies

The Website provides general information and educational resources. It does not provide medical, psychological, legal, or other professional advice; diagnose or treat any condition; or replace care from a qualified professional who understands your circumstances.

Therapy, scheduling, billing, telehealth, cancellations, confidentiality, and clinical records are governed by separate client agreements, consent forms, and notices. If those documents conflict with these Terms on a clinical matter, the clinical documents control.

03

Website communications

Contact forms and ordinary email are intended for general inquiries and may not be reviewed immediately. Do not use them for emergencies or time-sensitive clinical needs, and avoid including highly sensitive information. Sending a message does not guarantee availability or acceptance as a client.

If you join the newsletter, you consent to receive Notes from the Desert at the address you provide. You can unsubscribe at any time through the link in any newsletter. Service-related messages about an order or request are not marketing messages.

04

Digital purchases and refunds

If digital products are offered, prices and included formats will be displayed before checkout. Payments are processed by a third-party provider, and you agree to provide accurate billing and contact information. Taxes, if applicable, will be shown or collected as required.

Unless a different policy is stated at checkout, digital-product purchases are final once access or a download is delivered because delivery is immediate. If you cannot access a file or it is materially defective, contact us within seven days of purchase. We will make a reasonable effort to replace the file or, when appropriate, issue a refund. Nothing in these Terms limits a non-waivable right provided by law.

You are responsible for saving a personal copy of downloaded files and for using compatible software and devices. We may correct pricing or product-description errors and cancel an affected order with a full refund.

05

Intellectual property and your license

The Website and its text, branding, graphics, worksheets, downloads, and other original content are owned by Desert Winds Counseling or used with permission and are protected by intellectual-property laws.

When you lawfully obtain a digital resource, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to download and use it for your own noncommercial purposes. You may print a reasonable number of copies for your own use. You may not reproduce for others, share download access, upload, publish, modify for resale, sell, license, or commercially exploit a resource without prior written permission.

You retain ownership of information you submit to us. You give us permission to use it only as reasonably needed to respond, operate the Website, fulfill your request, and exercise our rights under these Terms and the Privacy Policy.

06

Acceptable use

You agree not to:

• Use the Website for unlawful, fraudulent, abusive, or harmful purposes.
• Interfere with the Website’s security, availability, or normal operation.
• Attempt unauthorized access, introduce malware, scrape at unreasonable volume, or probe for vulnerabilities.
• Impersonate another person or misrepresent your affiliation.
• Remove ownership notices or use our content beyond the license granted above.

We may restrict access when reasonably necessary to protect the Website, our rights, or others.

07

Third-party services and links

The Website may link to or rely on services we do not control, including payment processors, email providers, social platforms, or outside resources. Their terms and privacy policies govern your use of those services. A link does not necessarily mean we endorse every statement, product, or practice on the linked service.

08

Disclaimers

To the fullest extent permitted by law, the Website and all content and digital resources are provided “as is” and “as available.” We do not promise that the Website will be uninterrupted, error-free, completely secure, or suitable for every person or circumstance. Individual experiences vary, and we do not guarantee a particular clinical, personal, relationship, or financial outcome from using educational content.

Some jurisdictions do not allow certain warranty exclusions, so parts of this section may not apply to you.

09

Limitation of liability

To the fullest extent permitted by law, Desert Winds Counseling and its owner, employees, and contractors will not be liable for indirect, incidental, special, consequential, or punitive damages arising from or related to the Website or your reliance on its educational content.

To the fullest extent permitted by law, our total liability for a claim related to a digital product will not exceed the amount you paid for that product. These limitations do not apply where liability cannot be limited or excluded by law.

10

General terms

Changes

We may update these Terms by posting a revised version with a new effective date. Your continued use of the Website after the revised Terms take effect means you accept them.

Governing law and venue

These Terms are governed by Nevada law, without regard to conflict-of-law principles. Any dispute that is not subject to a different binding agreement must be brought in a court of competent jurisdiction in Clark County, Nevada, unless applicable law requires otherwise.

Severability and entire agreement

If a provision of these Terms is found unenforceable, it will be limited or removed only to the minimum extent necessary, and the remaining provisions will continue in effect. These Terms and the Privacy Policy are the entire agreement concerning use of the Website; they do not replace any separate clinical or purchase agreement.

No waiver or assignment

Our failure to enforce a provision is not a waiver. You may not transfer your rights under these Terms without our written consent. We may transfer these Terms as part of a business reorganization or transfer.

11

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