Terms and Conditions


Terms and conditions

The Terms and conditions were last updated on February 24, 2022

Introduction

These are the terms and conditions governing the use of our website, http://purelyocd.com (“Site”). These terms and conditions set out the rights and obligations of all users regarding the use of the Site. Prior to using the Site, communicating via the contact form on this Site, posting a blog comment on the Site, emailing us or calling us, please read these terms and conditions and our privacy policy.

If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which, together with our privacy policy and cookie policy, constitute the entire agreement between the Purely OCD Website (“Site”, “website,” “we,” “us,” or “our”), the Purely OCD podcast (“Podcast”), Kelley Franke, LMFT, and Lauren Rosen, LMFT, (together referred to as “Show Hosts”) in the context of the Site and Podcast, and you, the user (“you” or “your”), in relation to your use of the Site or Podcast. 

Your access to and use of the Site is also conditioned on your acceptance of and compliance with the privacy policy of the Site. Our privacy policy describes Our policies and procedures on the collection, use and disclosure of your personal information when you use the Site. Our privacy policy also tells you about your privacy rights and how the law protects you. Your privacy is important to us. Please read our privacy policy carefully before using the Site to learn more about how this Site collects, uses and processes information.

If You disagree with any part of these terms and conditions, privacy policy or cookie policy then you may not access the Site or the Podcast. By using this Site and listening to the Podcast, you represent, understand and agree that are over the age of 18. We do not permit those under 18 to use the Site.

Crisis and Support Resources

  • If you are in crisis, think you may harm yourself or someone else or are experiencing a medical or mental health emergency, you will call 911 or go to your nearest emergency room.
  • You can also reference the crisis resources page of this website for additional contacts that you can reach out to in the even of a crisis.
  • If you need more support, you seek out help from a licensed mental health clinician in the context of therapy.
  • Submitting a question, comment or topic suggestion does not guarantee that we will answer it. Do not include any information pertaining to an immediate or urgent need.

Purpose of the Site and the Podcast and Differences between the Podcast and Therapy

Posts and information that we provide on this Site and Podcast are meant to be educational and are not intended as a replacement for therapy. Any information on this Site or the Podcast is not specific to you and is not meant to constitute mental health advice for your situation, diagnosis, or personal circumstances. The information on this website is not intended to be specific to you or any medical or mental health conditions you may have. The contents of this Site should not be considered as professional medical or mental health advice. 

You should not use any information on this site to diagnose or treat a medical or mental health problem or disorder without consulting personally with a qualified medical or mental health professional. Always contact your licensed health care provider before implementing any advice you have read online.  If your questions or comments are answered during the Podcast or a suggested topic that you requested was featured as a topic on the Podcast, please know that this does not constitute therapeutic advice from either of the Show Hosts, any other therapist on the Podcast, or any therapist or service associated with the Podcast.

Please note that using this Site, listening to the Podcast or contacting us via the Site does not create a practitioner-client relationship between you and either of the Show Hosts. By asking questions, making comments or offering suggested topics during the live recording of the Podcast or submitting questions or comments prior to the live recording of the Podcast, you are NOT establishing a practitioner-client relationship with the Show Hosts, any other therapist on the Podcast, or any therapist or service associated with the Podcast. Listening to the Podcast does not create a practitioner-client relationship between you and either of the Show Hosts, any other therapist on the Podcast, or any therapist or service associated with the Podcast. 

Confidentiality

If you contact us via this Site or comment on a blog post on this Site, we cannot guarantee the encryption or security of your Protected Health Information (PHI). Do not include PHI within any comments on this site or messages sent through this site. If you include PHI in comments on this site or in messages sent via our contact forms, it creates no practitioner-client relationship or duty between the Purely OCD Show Hosts and you, including a duty to respond. If you transmit PHI through our contact forms or write it in comments, we disclaim any and all liability related to such transmission. 

Questions or messages submitted to the Site, Podcast, or Show Hosts prior to or during the Podcast may not be confidential. Remember, you are submitting a question or comment that is intended to be discussed on a Podcast for global consumption. The Podcast and the Show Hosts are not responsible for maintaining confidentiality. The Show Hosts are also not responsible for maintaining confidentiality regarding material related to the Podcast (e.g. questions submitted, comments made during the recording). You are making the decision to share any information at your own discretion.

Binding

By registering with, accessing, or otherwise using this website, you hereby agree to be bound by these Terms and conditions set forth below. The mere use of this website implies the knowledge and acceptance of these Terms and conditions. In some particular cases, we can also ask you to explicitly agree.

Electronic communication

By using this website or communicating with us by electronic means, you agree and acknowledge that we may communicate with you electronically on our website or by sending an email to you, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement, including but not limited to the requirement that such communications should be in writing.

Intellectual Property

Unless otherwise stated, the Podcast and its Show Hosts and/or its licensors own the intellectual property rights in the website and material on the website.  

Your use of this Site is under a limited personal license. You may view, download for caching purposes only, watch video footage, listen to audio recordings and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.  Notwithstanding the foregoing, you may forward our newsletter in the electronic form to others who may be interested in visiting our website.

The content of the Site is protected by applicable Copyrights, Trademarks or other proprietary rights and laws. We or our licensors own and control all of the copyright and other intellectual property rights in the website and the data, information, and other resources displayed by or accessible within the website.

All the rights are reserved

Unless specific content dictates otherwise, you are not granted a license or any other right under Copyright, Trademark, Patent, or other Intellectual Property Rights. This means that you will not use, copy, republish, reproduce, perform, display, distribute, embed into any electronic medium, alter, reverse engineer, decompile, transfer, download, transmit, monetize, sell, market, or commercialize any resources on this website in any form, without our prior written permission, except and only insofar as otherwise stipulated in regulations of mandatory law (such as the right to quote).

Third Party Websites

Although we may link to third party websites or reference third parties and their content in the Podcast as part of our own general information provided such Sites, content, individuals or organizations are not maintained by or related to the Podcast or its Show Hosts. By clicking on any affiliate links, you agree that the Podcast and its Show Hosts are not responsible for any content contained on third party sites, content, individuals or organizations. The Podcast is not responsible for any cookies or other kinds of data collection that might exist on these websites and you should evaluate any third party website terms and conditions to understand their data collection or cookies policies. 

Any outside websites that link to our Site are not maintained by or related to The Podcast or its Show Hosts. We do not warrant the content and privacy parameters of websites that link to our website. The Podcast and its Show Hosts are not responsible for any content contained on third party sites. The Podcast and its Show Hosts are not responsible for any cookies or other kinds of data collection that might exist on third party websites and you should evaluate any third party website terms and conditions to understand their data collection or cookies policies. 

Limits to use

You should not or may not use the website for any illegal or unlawful purposes. 

You must not:

  • use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
  • use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
  • gain unauthorized access to the our data or the data of other users
  • conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without our express written consent.
  • alter, modify, adapt, reverse engineer, decompile, disassemble, or hack the company’s intellectual property
  • alter or modify another website to falsely imply that it is associated with the company’s website,
  • use or export the company’s information, products, or services in violation of U.S. export laws and regulations
  • violate anyone else’s legal rights (for example, privacy rights) or any laws (for example, copyright laws) 
  • use the website or the company’s services to transmit content that could be deemed unlawful, threatening, harassing, racist, abusive, libelous, pornographic, vulgar, defamatory, obscene, indecent, or otherwise inappropriate, including any messages constituting or encouraging criminal conduct
  • use this website to transmit or send unsolicited commercial communications.
  • breach, or attempt to breach, the website’s security systems
  • enable third parties to violate the Terms of Use
  • lease, sell, copy, sublicense, transfer, or assign any information, intellectual property, goods, or services provided on the site
  • use this website for any purposes related to marketing without our express written consent.

By using this Site, you represent that you are over the age of 18. We do not permit those under 18 to use the Site.

The Site is not directed at children under the age of 13. We comply with the Children’s Online Privacy Protection Act (“COPPA”) and do not knowingly permit registration or submission of personally identifiable information by anyone under 13 years of age. This age requirement is posted each time we request personally identifiable information. If you believe information regarding a child under 13 has been submitted, please advise us in writing and we will delete it. 

You can learn more about how this Site collects, uses and processes information by reading our privacy policy.

Idea submission

Do not submit any ideas, inventions, works of authorship, or other information that can be considered your own intellectual property that you would like to present to us unless we have first signed an agreement regarding the intellectual property or a non-disclosure agreement. If you disclose it to us absent such written agreement, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.

Termination of use

We may, in our sole discretion, at any time modify or discontinue access to, temporarily or permanently, the Site. You agree that we will not be liable to you or any third party for any such modification, suspension or discontinuance of your access to, or use of, the website or any content that you may have shared on the website. You will not be entitled to any compensation or other payment, even if certain features, settings, and/or any content you have contributed or have come to rely on, are permanently lost. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

Warranties and liability

Nothing in this section will limit or exclude any warranty implied by law that it would be unlawful to limit or to exclude. This website and all content on the website are provided on an “as is” and “as available” basis and may include inaccuracies or typographical errors. We expressly disclaim all warranties of any kind, whether express or implied, as to the availability, accuracy, or completeness of the content. We make no warranty that:

  • this website or our content will meet your requirements;
  • this website will be available on an uninterrupted, timely, secure, or error-free basis.

You acknowledge that the Site’s information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

The Show Hosts of the Podcast make no representations and no express or implied warranties regarding the contents of the Site. Also, nothing contained on this Website shall be interpreted as advising you. Nothing on this website constitutes or is meant to constitute, legal, financial or medical advice of any kind. If you require advice you should consult an appropriate professional. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any information available through this website meet your specific requirements.

Posts and information that we provide on its website are meant to be educational and are not intended as a replacement for therapy. Any information on this website is not specific to you and is not meant to constitute mental health advice for your situation, diagnosis, or personal circumstances. The information on this website is not intended to be specific to you or any medical or mental health conditions you may have. The contents of this Site should not be considered as professional medical or mental health advice. You should not use any information on this site to diagnose or treat a medical or mental health problem or disorder without consulting personally with a qualified medical or mental health professional. Always contact your licensed health care provider before implementing any advice you have read online.  

The following provisions of this section will apply to the maximum extent permitted by applicable law and will not limit or exclude our liability in respect of any matter which it would be unlawful or illegal for us to limit or to exclude our liability. In no event will we be liable for any direct or indirect damages (including any damages for loss of profits or revenue, loss or corruption of data, software or database, or loss of or harm to property or data) incurred by you or any third party, arising from your access to, or use of, our website. We shall not be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the content or the Site or any functionality thereof, or of any linked website, even if we are expressly advised thereof.

Except to the extent any additional contract expressly states otherwise, our maximum liability to you for all damages arising out of or related to the website or any products and services marketed or sold through the website, regardless of the form of legal action that imposes liability (whether in contract, equity, negligence, intended conduct, tort or otherwise) will be limited to the total price that you paid to us to purchase such products or services or use the website. Such limit will apply in the aggregate to all of your claims, actions and causes of action of every kind and nature.

Privacy 

We have developed a policy to address any privacy concerns you may have. For more information, please see our privacy policy.

Accessibility

We are committed to making the content we provide accessible to individuals with disabilities. If you have a disability and are unable to access any portion of our website due to your disability, we ask you to give us a notice including a detailed description of the issue you encountered. If the issue is readily identifiable and resolvable in accordance with industry-standard information technology tools and techniques we will promptly resolve it.

Assignment

You may not assign, transfer or sub-contract any of your rights and/or obligations under these Terms and conditions, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this Section will be null and void.

Breaches of these terms and conditions

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including temporarily or permanently suspending your access to the website, contacting your internet service provider to request that they block your access to the website, and/or commence legal action against you.

Indemnification

You agree to indemnify the Podcast’s Show Hosts against any liabilities, damages or expenses arising out of any claims related to the use of this website. You agree to indemnify, defend and hold us harmless, from and against any and all claims, liabilities, damages, losses and expenses, relating to your violation of these Terms and conditions, and applicable laws, including intellectual property rights and privacy rights. you will promptly reimburse us for our damages, losses, costs and expenses relating to or arising out of such claims.

Waiver

Failure to enforce any of the provisions set out in these terms and conditions and any agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these terms and conditions or of any agreement or any part thereof, or the right thereafter to enforce each and every provision.

Language

These terms and conditions will be interpreted and construed exclusively in English. All notices and correspondence will be written exclusively in that language.

Notification of Changes

We may update these terms and conditions from time to time. It is your obligation to periodically check these terms and conditions for changes or updates. The date provided at the beginning of these terms and conditions is the latest revision date. Changes to these Terms and conditions will become effective upon such changes being posted to this website. Your continued use of this website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these terms and conditions.

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts 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 Site after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the Site.

Governing Law

Your use of this Site and any dispute arising out of such use of the Site is subject to the laws of California. The websites terms and conditions are governed solely by California Law. These terms and conditions will be governed by and construed in accordance with California law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Orange County, California. Should you bring suit against The Podcast or its Show Hosts in civil, criminal, administrative or other venues, by continuing to use this website, you agree that such suit may only be brought within the jurisdiction of Orange County, California. Client agrees and acknowledges that they will only bring suit in Orange County, California regardless of the type of court in which it is brought or the adjudicator under who it is to be adjudicated.

Service Interruptions and Updates

Any website can suffer either scheduled interruptions (for maintenance and upgrades purposes) or unintended shutdowns (for whatever reason). We make no warranty that this website will be available on an uninterrupted or timely basis.

The content of the pages of this website is for your general information and use only. It is subject to change without notice. We reserve the right to make any changes to the Site, the content, or to products and/or services offered through the Website at any times and without notice.

Contact Us

If you have any questions about these terms and conditions, you can contact us:

Disclaimer: This information is meant to be general information not unique to any individual. Before following any guidance or advice found on this site or in the Purely OCD Podcast a visitor or listener should always consult with their own licensed healthcare practitioner. The Purely OCD Podcast and Website are not therapy or intended as a replacement for therapy. They are for educational purposes only.