Terms of Service 

Last Updated: June 11, 2024 

 

TERMS OF SERVICE 

Last Updated: June 11, 2024 

Please read these terms of service ("Terms", "Terms of Service") carefully before using the www.ptvcounseling.com website (the "Service") operated by Path To Victory Counseling PLLC ("us", "we", or "our"). 

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service. 

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

DISCLAIMER AND RELEASE OF LIABILITY 

  1. Nature of Counseling Services: Our counseling services are provided by qualified professionals to support individuals in addressing various mental health and alcohol related concerns. While we strive to provide effective and supportive counseling, it is important to recognize that counseling outcomes may vary for each individual.
  2. Limitation of Liability: By engaging with our counseling services, you acknowledge and agree that Path To Victory Counseling, its counselors, employees, and affiliates shall not be held liable for any damages, losses, or injuries arising from your use of our counseling services. This includes, but is not limited to, any emotional distress, financial loss, or other consequences resulting from counseling sessions or advice provided.
  3. Seeking Additional Services: We strongly advise clients with alcohol dependency issues or undergoing alcohol withdrawal to seek appropriate medical and professional help from specialized alcohol withdrawal services or healthcare providers. While our counselors may offer support and guidance, our counseling services are not a substitute for specialized medical care and treatment.

CLIENT RESPONSIBILITIES 

  1. Honesty and Cooperation: Clients are expected to provide accurate and honest information during counseling sessions to facilitate effective support and guidance.
  2. Active Participation: Clients are encouraged to actively engage in counseling sessions, successfully complete weekly assignments, attend sessions on time, and communicate openly with their counselor to maximize the benefits of counseling.
  3. Emergency Situations: In the event of an emergency or if you are in crisis, please seek immediate assistance from emergency services or contact your local mental health crisis hotline.

CONSENT TO TREATMENT 

By engaging with our counseling services, you consent to participate in counseling sessions and acknowledge that you have read, understood, and agree to abide by these Terms of Service.

FORM OBLIGATIONS

In consideration for your use of the Service, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the Service's Intake Form and (b) maintain and promptly update the Intake Form to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, Path To Victory Counseling has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Path To Victory Counseling has the right to suspend or terminate services and refuse any and all current or future use of the Service (or any portion thereof).

You are responsible for creating a username and a secure password and protecting your Account from unauthorized access. You agree to notify Path To Victory Counseling immediately if you believe your username, password, or other identifying information has been lost, stolen, or otherwise compromised. You will be held responsible for any activity that occurs under your Account. You also acknowledge and agree that you are solely responsible for all damages or claims that may arise from any access to or use of this Service by any person to whom you have provided your user identification, password or other identifying information, or by any person who has obtained such information from you, including, but not limited to, any access to or use of this Service that may occur after you have notified us that your user identification, password, or other identifying information has been lost, stolen, or otherwise compromised.

As a Path To Victory Counseling Client, you understand that a computer, tablet, or mobile device with an up-to-date web browser and reliable, high-speed internet is required for use of the Service.

BILLING, PAYMENTS, CANCELATION, AND REFUNDS TERMS

  1. Billing 

By completing the Intake Forms, you are expressly agreeing that Path To Victory Counseling is authorized to automatically charge you the service fee. You further agree that after you complete the program, if you wish to continue with services, Path To Victory Counseling is authorized to automatically charge you the agreed upon fee associated with the program.

Price and charges are subject to change; we may change the fees and charges in effect or add new fees and charges from time to time, but we will give you advance notice of these changes. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may reach out to us to update your Payment Method at [email protected]. 

If your Payment Method reaches its expiration date and you do not notify us to change your Payment Method information or cancel your account, you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.

  1. Refunds 

We offer an Action-Based Satisfaction Guarantee on our Counseling With A Twist Program. At Path To Victory Counseling, we stand behind the efficacy and ability of our program to get you results when you engage in the therapeutic process (please see ‘Client Responsibilities’). This is why we offer a 30 day money back guarantee.  Because of this we ask that you give the program your best effort. 

In order to qualify for our guarantee you must simply do the following while taking our program.

  1. Attend all regularly scheduled sessions on time, and stay for the duration of the session 
  2. Complete each homework assignment to the best of your ability  
  3. Maintain an honest and transparent line of communication with your counselor 

This includes being authentic, honest, and vulnerable in all sessions and when completing assignments. We want to support you but need you to be willing to put in the work and effort. If this program does not work for you and you are unsatisfied, we are more than happy to issue you a refund for the first 30 days (4 sessions) and offer you other resources/ referrals that may better support your individual needs. It is our responsibility to deliver the best possible individually crafted program with clinical expertise. It is your responsibility to attend each session, remain honest, and complete assignments. If you do not see progress after learning, discussing, and practicing sobriety related skills then we take ownership and will happily refund you instantly. If you are not honest with your counselor and hold things back, do not complete assignments, or attend scheduled sessions then it is your responsibility that you have not seen the desired results. If you struggle with relapse and/ or a crisis during these first 30 days, your counselor has the discretion to refer you to a higher level of care and you will not receive a refund for services rendered (please see “Termination’ section). 

INTELLECTUAL PROPERTY RIGHTS 

We own and retain all proprietary rights in the Service. The Service or any portion of the Service may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Path To Victory Counseling, unless it is in the public domain. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including videos, images, text, page layout, or form) of Path To Victory Counseling without express written consent. You may not use any meta tags or any other "hidden text" utilizing Path To Victory Counseling or trademarks without the express written consent of Path To Victory Counseling. You may not (directly or indirectly) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive source code or underlying ideas or algorithms of any part of the Service, or modify, translate or otherwise create derivative works of any part of the Service. Any modification of the Service, or any portion thereof, or use of the Service for any other purpose constitutes an infringement of trademark or other proprietary rights of Path To Victory Counseling, and any unauthorized use terminates the permission to use the Service granted by Path To Victory Counseling.

The marks appearing on this Service, including but not limited to Path To Victory Counseling and any respective logos, emblems, slogans and designs, are trademarks of Path To Victory Counseling. All other marks used on this Service are the property of their respective owners.

DATA PROTECTION AND PRIVACY POLICY

All personal data entered into this website will be treated as confidential and will be dealt with in accordance with General Data Protection Regulation (GDPR). Please see Privacy Policies for more information. 

GENERAL INFORMATION

  1.  Linking to Third Party Websites

For your convenience, the Service may provide links to third-party websites, including our Payment Processor. Unless expressly stated otherwise, Path To Victory Counseling does not endorse, approve, sponsor or control, and we are not in any way responsible for, any of the content, services, calculations, information, products or materials available at or through any websites to which this Service may provide a link. By using the Service you acknowledge and agree that Path To Victory Counseling will not be responsible or liable to you or any other person for any damages or claims that might result from your use of such content, services, calculation, information, products or materials. You should carefully review each website’s privacy statements and conditions of use to understand your rights and responsibilities.

  1.  Indemnification

You agree to indemnify and hold Path To Victory Counseling, its parent, subsidiaries, affiliates, directors, officers, agents, and other partners and employees, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, including but not limited to reasonable attorneys’ fees, made by any third party due to or arising out of your Content, Account, use of the Service, or violation of the Terms. This defense and indemnification obligation will survive these Terms and your use of the Service.

  1.  Disclaimer & Limitation of Liability

THE SERVICE IS PROVIDED BY PATH TO VICTORY COUNSELING ON AN "AS IS" AND "AS AVAILABLE" BASIS. PATH TO VICTORY COUNSELING MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AS TO (1) THE OPERATION OF THE SERVICE, (2) THE QUALITY, ACCURACY, COMPLETENESS OR VALIDITY OF USER OR OTHER CONTENT ON THE SERVICE, OR THE INFORMATION, USER OR OTHER CONTENT, OR PRODUCTS INCLUDED ON THE SERVICE, OR (3) WHETHER THE FUNCTIONS CONTAINED ON THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

THIS SERVICE MAY ALSO CONTAIN FACTS, VIEWS, OPINIONS, STATEMENTS, AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. PATH TO VICTORY COUNSELING DOES NOT REPRESENT OR ENDORSE THE ACCURACY, TIMELINESS, OR RELIABILITY OF ANY OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE SERVICE, OR ANY USER CONTENT OR CONDUCT.  YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, STATEMENT, INFORMATION, OR USER CONTENT OR CONDUCT WILL BE AT YOUR SOLE RISK.

YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL PATH TO VICTORY COUNSELING BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE OR THE INFORMATION CONTAINED ON THE SERVICE, EVEN IF PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF PATH TO VICTORY COUNSELING TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED ONE DOLLAR (US $1.00).

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 USC 2701-2711): PATH TO VICTORY COUNSELING MAKES NO GUARANTEE OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SERVICE OR ANY WEBSITE LINKED TO THE SERVICE. PLEASE NOTE THAT WHEN YOU BECOME A CLIENT STRICT HIPPA REGULATIONS/ PLATFORMS WILL BE UTILIZED TO PROTECT YOUR CONFIDENTIALITY. 


While we strive to protect your information in accordance with our Privacy Policy, Path to Victory Counseling cannot be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Path To Victory Counseling’s equipment, transmitted over networks accessed by the Service, or otherwise connected with your use of the Service. 

SESSION DETAILS 

  1. Cancelation 

We must be notified 24 hours in advance of a cancellation. If you do not notify us within 24 hours of your scheduled appointment you will be billed for your appointment. Please note if you miss your appointment due to a documented emergency you will not be billed. If you do not arrive within the first 10 minutes of your session it will be considered a cancellation and you will be billed for your appointment.  

    2. Termination

Path to Victory Counseling may, in its sole discretion, terminate or suspend your access to all or part of the Service, for any reason, including without limitation, your breach of these Terms. In the event these Terms are terminated, the restrictions regarding content appearing on the Service, and the representations and warranties, indemnities, and limitations of liabilities set forth in these Terms will survive termination. In the event that you are unsatisfied with the services provided by Path to Victory Counseling, your sole remedy is to terminate your use of the Service.

Your counselor will use their best clinical judgment to determine if you are a good fit for the program. If your drinking exceeds a level to which individual weekly counseling sessions are appropriate, you will be referred to a higher level of care. Your honesty about the amount, duration, and frequency of your drinking is crucial to determine if you are an appropriate fit for the Service. A transfer to a higher level of care may take place in the initial intake, or any time through the services rendered. 

You may terminate services at any time for any reason. After the 30 day money back guarantee period, if you end the program early you will be charged for the sessions that you attended and refunded the rest.

JURISDICTION & SEVERABILITY 

Path to Victory Counseling operates the Service from its virtual offices within the United States. Path to Victory Counseling makes no representations that content and materials on the Service are legal or appropriate for use from outside the United States. If you choose to access the Service from other locations, you do so at your own risk and are responsible for compliance with any and all local laws. You may not use the Service in violation of U.S. export laws and regulations.

These Terms are personal to you, and are not assignable, transferable, or sublicensable by you except with Path to Victory Counseling’s prior written consent. Path to Victory Counseling may assign, transfer, or delegate any of its rights and obligations hereunder without consent.

These Terms will be governed by and construed in accordance with the laws of the state of Texas. Any action brought to enforce these Terms or matters related to the Service will be brought in either the State or Federal Courts of the state of Texas. Any claim or cause of action you have with respect to use of the Service must be commenced within one (1) year after the claim arises. In any action or proceeding to enforce rights under the Terms, the prevailing party will be entitled to recover costs and attorneys' fees.

If any provision of these Terms is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from these Terms and the remaining provisions of these Terms will remain in force. These Terms constitute the entire agreement between you and Path to Victory Counseling concerning your use of the Service.

CHANGES

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

HOW TO CONTACT US

Should you have any questions or complaints regarding these Terms, please contact us at:  [email protected]