Privacy Policy
Privacy
Your use of our Site and Service is subject to the Privacy Policy.
Updated Terms
We may amend these Terms at any time. Such amendments are effective immediately upon notice to you by us posting the new Terms on this Site. Your use of the Site or Service after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms at any time. We will post the most recent version to the Site and list the effective date on this page.
SMS/Text Messaging Policy
By providing your mobile number and opting in, you consent to receive SMS/text messages from Blue Willow Counseling and Consulting, LLC. These messages may include important business communications, scheduling updates, and related information.
Consent: By opting in, you agree to receive text messages from us.
Privacy: Your personal information will never be sold or shared with third parties for marketing purposes.
Message Frequency: Messages may be recurring and frequency may vary depending on communication needs.
Opt-Out: You may reply STOP at any time to opt out of future messages.
Help: Reply HELP for additional information or assistance.
Rates: Message and data rates may apply based on your mobile carrier’s plan.
Third Party Links and Resources
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that Company is not responsible or liable for the availability, accuracy, content, or policies of third-party websites or resources. Links to such websites or resources imply no endorsement by or affiliation with Company. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Indemnification
You agree to indemnify and hold us harmless against any losses, damages, settlements, liabilities, costs, charges, assessments and expenses, and third-party claims and causes of action, including but not limited to attorneys’ fees, arising out of any breach by you of these Terms, or your use of the Site or Service. You will provide us with such assistance, without charge, as we may request in connection with any such defense, including but not limited to providing us with any accessible information, documents, or records as necessary. You will not settle any third-party claim or waive any defense without our prior written consent.
Entire Agreement and Waiver
This Agreement constitutes the entire agreement between you and Company pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between the parties. No waiver of any provision of this Agreement by Company will constitute a waiver or continuing waiver of any other provision. No waiver will be binding unless executed in writing by Company.
Notices
All notices, requests, demands, and other communications under these Terms must be in writing and properly addressed to info@bluewillowcc.com.
Governing Law
These Terms will be construed in accordance with the laws of the State of Wisconsin. The exclusive venue for any mediation, arbitration, or court proceeding based on or arising out of this Agreement will be in Milwaukee County, Wisconsin. The parties agree to resolve any dispute, claim, or controversy arising out of or relating to these Terms by mediation. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
Use and Disclosure of Substance Use Disorder Records Subject to 42 CFR Part 2:
If applicable, your substance use disorder (“SUD”) records are protected by federal law under 42 C.F.R. Part 2 (“Part 2”). This law provides extra confidentiality protections and requires a separate patient consent for the use and disclosure of SUD counseling notes. Each disclosure made with patient consent must include a copy of the consent or a clear explanation of the scope of the consent. It must also be accompanied by a written notice containing the language in 42 CFR Part 2.32(a). Disclosure of these records requires your explicit written consent, except in limited circumstances such as: (a) Medical Emergencies: to the extent necessary to treat you, (b) Reporting Crimes on Program Premises, (c) Child Abuse Reporting: In connection with incidents of suspected child abuse or neglect to appropriate state or local authorities, and (d) Fundraising: We will provide you with an opportunity to decline to receive any fundraising communications prior to making such communications. You may revoke this consent at any time.
Prohibitions on Use and Disclosure of Part 2 Records:
SUD records received from programs subject to Part 2, or testimony relaying the content of such records, shall not be used or disclosed in civil, criminal,
administrative, or legislative proceedings against you unless based on your written consent, or a court order after notice and an opportunity to be
heard is provided to you or the holder of the record, as provided in Part 2. A court order authorizing use or disclosure must be accompanied by a subpoena or other legal requirement compelling disclosure before the requested SUD record is used or disclosed. If SUD records are disclosed to us or our business associates pursuant to your written consent for treatment, payment, and healthcare operations, we or our business associates may further use and disclose such health information without your written consent to the extent that the HIPAA regulations permit such uses and disclosures, consistent with the other provisions in this Notice regarding PHI.
Recovery of Litigation Expenses
If any legal action, arbitration, or other proceeding is brought to enforce these Terms, or because of an alleged dispute, breach, default, or misrepresentation in any provision of these Terms, the prevailing party may recover reasonable attorneys’ fees and other costs in that action or proceeding, besides any other relief to which they may be entitled.
Severability
If any term, provision, covenant, or condition of these Terms is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the terms, provisions, covenants, or conditions will remain in full force and effect and will in no way be affected, impaired, or invalidated.
Effect of Headings
The headings of the paragraphs and subparagraphs of these Terms are included for convenience only and will not affect the construction or interpretation of any of its provisions.
Assignment
These Terms bind and inure to the benefit of the parties’ successors and assigns. These Terms are not assignable, delegable, sublicenseable, or otherwise transferable. Any transfer, assignment, delegation or sublicense is invalid.
Acknowledgment
These Terms of Use, including all documents referenced herein, represent the entire understanding between you and Blue Willow Counseling and Consulting, LLC regarding your relationship with www.bluewillowcc.com and supersedes any prior statements or representations. When visiting the www.bluewillowcc.com website or making a purchase therefrom, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.
Contact Us
Please email us at info@bluewillowcc.com if you have any questions about these Terms.