INTRODUCTION.

The website elevatingmentalhealth.com is owned by Elevating Mental Health, A Professional Nursing Corporation.

​

These Terms and Conditions disclose our policies for how you may use our website and any of our content, programs, products and services.  They outline your rights and obligations with regard to our website.  These Terms and Conditions apply to all site visitors, customers, and all other users of the site.  Your use of our website, and any information that you provide to us, is subject to these Terms and Conditions. 

 

By accessing our website, you are using it, and you acknowledge that you have read these Terms and Conditions and consent to be bound by all of their terms, without modification.  IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS, NAVIGATE AWAY FROM THIS WEBSITE.

​

Eligibility
By using our services, you affirm that you are at least 18 years old (or have parental or guardian consent if you are under 18) and have the legal capacity to enter into a binding contract. You must comply with all applicable laws and regulations in your jurisdiction when using our services.

​

YOUR CONDUCT ON OUR WEBSITE
A. Lawful Use Only
You agree to use our website solely for lawful, legitimate, and non-commercial purposes. You are prohibited from posting or transmitting any unsolicited advertisements, promotions, mass mailings, petitions, chain letters, or any other form of “spam” through our website.

​

B. Respecting Others
You agree not to post or transmit any content that infringes on the intellectual property rights of others, and you agree to indemnify and hold us harmless if you do so.

You also agree not to post or transmit content that violates the rights of others or is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise offensive. Additionally, you agree not to post or transmit any material that promotes illegal activities, encourages criminal behavior, or gives rise to civil liability.

​

You agree not to post or transmit content that could be considered cyberbullying, stalking, abuse, sexual exploitation, harassment, or any form of violence toward other users of our website. We maintain a zero-tolerance policy for such actions, and any violation of this policy will result in the immediate removal of your content. We also reserve the right to take legal action to the fullest extent permitted by law.

​

You acknowledge that we have the sole discretion to determine whether content is objectionable, and we reserve the right to remove such content without explanation or legal liability. If your content leads to legal action, we retain the right to pursue such actions, and if a third party takes legal action against you based on content you posted on our website, you agree to indemnify and hold us harmless from any resulting actions or consequences. You also release us from any liability arising from the defamatory or harmful conduct of other users.

​

C. Technology-Related Restrictions
You agree not to post or transmit any content that contains viruses, malware, or other harmful software that could disrupt or interfere with the functioning of our website or any associated computer systems or networks. You acknowledge that you are solely responsible for all electronic communications sent from your device, including computers, phones, tablets, or other electronic devices.

 

MATERIALS

A. Intellectual Property
All content found on elevatingmentalhealth.com, unless explicitly stated otherwise, is the exclusive property of Elevating Mental Health, A Professional Nursing Corporation. This content is protected under U.S. and international copyright, trademark, and other intellectual property laws, which prohibit any unauthorized use.

​

You agree not to copy, reproduce, duplicate, alter, publish, transmit, mirror on another website, create derivative works from, sell, assist in the sale of, distribute, display, perform, or exploit our content or any of our intellectual property, in whole or in part, whether manually or electronically, and regardless of whether you have purchased this content, without the express written permission of Elevating Mental Health, A Professional Nursing Corporation.

​

Logos, tag lines, names, icons and design elements are trademarks belonging to Elevating Mental Health, A Professional Nursing Corporation which help consumers identify us, and are protected by United States Intellectual Property law. You agree not to use our intellectual property in any manner that may cause confusion among consumers, suggest an affiliation or endorsement by us, or tarnish our brand reputation.

​

All rights not expressly granted herein or through prior written consent are reserved by us.

​

DISCLAIMERS
By accessing and using elevatingmentalhealth.com, you fully agree to our Disclaimers

​

A. General Disclaimer
The content provided on our website is for informational and educational purposes only. You acknowledge that our content and services may not be suitable for everyone, and we do not guarantee any specific outcomes from the use of our website. We make no promises regarding success or results—whether medical, financial, legal, or otherwise—based on the use of our website or services. Your decision to use our website and content, or to purchase services from us, is voluntary, and you agree that we are not liable for any harm or damage that may occur to you, your health, business, or otherwise as a result of using our website or services. To the fullest extent permitted by law, we disclaim any liability for any direct, indirect, or consequential losses, including but not limited to accidents, injuries, harm, financial loss, business interruption, or any other damages that might result from your use of our website, content, or services.

​

By using our website, content, or services, you agree that Elevating Mental Health, A Professional Nursing Corporation is not liable for any damages or injuries resulting from their use. You also agree to hold us harmless from any claims arising from your use of the website or services. Additionally, we are not responsible for any offensive or unlawful behavior of other website users.

​

B. Legal and Financial Disclaimer
The content on our website should not be construed as business, financial, or legal advice. Michelle Kluczinske is not an accountant, lawyer, or financial advisor and is not acting in that capacity. All business, financial, and legal information on our site is for educational purposes only and should not replace professional advice. You are encouraged to consult with your own accountant, attorney, or financial advisor for specific guidance tailored to your situation.

​

C. Medical, Health, and Mental Health Disclaimer
The content on our website is not intended to provide medical or mental health advice. While Michelle Kluczinske is a board-certified psychiatric nurse practitioner, using our website does not establish a provider-patient relationship or provide specific medical advice. All information on health-related topics is for educational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment. You should consult a qualified healthcare professional for any health or mental health concerns. By using our website and services, you acknowledge that any decisions you make based on the information provided are made voluntarily and at your own risk.

​

D. Technology Disclaimer
We aim to ensure that our website and its content are accessible and free from interruptions. However, we cannot guarantee uninterrupted access at all times, as the website may occasionally be suspended for maintenance, repairs, or updates. You acknowledge that we make no guarantees regarding the availability or functionality of our website, and we are not responsible for any issues such as errors, delays, or service interruptions. We also reserve the right to discontinue our website or services at any time, without notice, and we are not liable for any consequences of such discontinuation.

​

E. Errors and Omissions Disclaimer
We strive to provide accurate and up-to-date information on our website, but we cannot guarantee the absence of errors, inaccuracies, or omissions. You acknowledge and agree that we are not liable for any such discrepancies.

​

F. Warranties Disclaimer
We make no warranties or representations regarding the website or its content. Our website and content are provided "as is" without any express or implied warranties. We disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the website will be free from errors, viruses, or other harmful components.

​

Personal Responsibility and Assumption of Risk
By using our website and services, you acknowledge that you are doing so at your own discretion and assume full responsibility for any risks involved.

​

Limitation of Liability
Under no circumstances shall Elevating Mental Heath, A Professional Nursing Corporation, its affiliates, or employees be held liable for any damages, whether direct or indirect, arising from your use of our website, its content, or services. This includes, but is not limited to, physical injuries, mental health conditions, financial losses, business disruptions, or any other types of harm. In states where liability limitations are not allowed, our liability is limited to the maximum extent permitted by law, and in no case shall our liability exceed the total amount paid by you for the service in question, or $100 if no payment was made.

​

Indemnification
You agree to indemnify, defend, and hold harmless Elevating Mental Health, A Professional Nursing Corporation, its affiliates, employees, and representatives, from any claims or liabilities arising from your use of our website, content, or services, or from any breach of these Terms. You agree to cooperate with us in defending any such claims at no cost to us.

​

Termination
We reserve the right, at our sole discretion, to refuse or terminate your access to our website at any time, without notice or explanation.

​

Governance
These Terms and Conditions will be governed by the laws of California. Any legal action related to these terms will take place in Santa Clara County, California.

​

Dispute Resolution and Litigation Expenses
If a dispute arises, you agree to attempt to resolve it amicably. If a resolution cannot be reached, disputes will be settled by arbitration in Santa Clara County, California, in accordance with the rules of the American Arbitration Association. The decision of the arbitrator will be final and binding. In any legal action, the prevailing party may recover reasonable attorney’s fees.

​

Entire Agreement and Waiver
These Terms, along with our Privacy Policy and Disclaimer, constitute the entire agreement between you and Elevating Mental Health, A Professional Nursing Corporation regarding the use of our website and services. Any waiver of these terms must be in writing and signed by an authorized representative of Elevating Mental Health, A Professional Nursing Corporation

​

Notices
All notices under these Terms should be sent in writing to:

1580 W El Camino Real Ste 2,
Mountain View, CA 94040

​

Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

​

Assignment
These Terms may not be assigned, delegated, or transferred by you.

​

Changes to Terms
We reserve the right to modify these Terms at any time. Changes will take effect immediately upon posting on this page. By continuing to use our website, you agree to the updated Terms.

​

If you have any questions about these Terms, please contact us at info@elevatingmentalhealth.com

​