The information, products, and services provided by the Company via this website are intended to support healing, wellness, personal growth and self development.
Your privacy is very important to us. Please read this Privacy Statement carefully so that you can make an informed decision as to whether to continue reading the information provided on this website.
Information Collection and Storage
While you are visiting the Website we will not require or collect any personal information about you unless you choose to provide that information to us.
Data regarding your computer hardware and software, including (but not limited to) your IP address, browser, dates and times of access, domain names, and websites that referred you here, may be collected by this website for purposes of improving the quality of the information and services provided by this website, to understand our visitors’ preferences, to make improvements to our visitors’ overall experience of this website, and to personalize this experience where doing so would improve the enjoyment of this website. This information is gathered without identifying the user personally.
With this data we learn about the number of visitors to our site and the types of technology our visitors use. We never track or record information about individuals and their visits and we do not share this data with anyone outside the Company unless necessary for law enforcement purposes (see “disclosure exceptions” below).
Gathering Personally Identifiable Information
Personal information (name, address, phone number) may be gathered but only with your explicit authorization and only in exchange for information, products, or services, whether free or paid. Be aware that if you choose not to provide this information you will not be able to receive information, products, or services offered by us to you. If you do provide this information, it may be shared with payment processors and credit card companies in order to process payment transactions and delivery of our products and/or services.
We will never intentionally disclose any information regarding your personal identification to any third party without your consent. If you choose to provide us with such information, you agree to receive information, products, or services from this website. If at any time you wish to opt-out, or unsubscribe, you may do so by clicking “unsubscribe” at the bottom of any email you receive from us, or by notifying the Company directly, by email, at firstname.lastname@example.org.
The California Online Privacy Protection Act (CalOPPA) requires California companies to provide an opportunity for California residents to opt-out or unsubscribe from having personal information used by third parties (such as advertisers or affiliated companies) for direct marketing purposes.
This Company is not a California based business and therefore does not honor behavioral advertising opt-out or do not track mechanisms. This includes general web browser “Do Not Track” settings and signals.
However, if you are a California resident you may contact email@example.com to exercise your disclosure choice options.
Third Party Analytics Service Providers
The Website may use third party analytics service providers such as Google Analytics and Google Adsense to evaluate and provide us and/or third parties with information about the use of the website and viewing of content on the website.
Cookies and Web Beacons
The Company may use what are commonly known as “cookies” or text files, placed on your hard drive by a website’s server. Cookies store information about your first visit to a website, such as your preferred language and pages you visited, and recall that information in order to personalize your next visit. Cookies also help to personalize your web experience. Cookies cannot harm your computer or transfer viruses.
The Company also may use web beacons (single-pixel graphic files also known as “transparent GIFs”) to access cookies and to count users who visit the Site or open HTML-formatted email messages.
Retention and Storage of Your Personal Information
The Company retains your personal information only for as long as necessary to fulfill the purpose for which it was collected, as well as to comply with applicable laws.
This website will disclose your personal information, without notice, but only if:
1. It is required to do so by law;
2. As required by service of process;
3. To defend our rights and property;
4. To protect the personal safety of visitors to this website.
Children: Minimum Age Requirement
This website complies with the Children’s Online Privacy Protection Act of 1998 (COPPA). COPPA and its accompanying regulations protect the privacy of children using the Internet.
This website is intended for persons thirteen (13) years of age or older. Anyone under the age of thirteen must seek the permission of a parent or guardian before using this website.
This website will not knowingly contact or collect personal information from children under 13 and does not intend to solicit information of any kind from children under 13.
Correcting or Updating Your Information
You are invited to help us keep your personal information up to date by notifying us of any changes to your personal information. You may contact us to correct or update your personal information using the contact information provided in the contact section, below.
How To Contact The Company
heathermulcahey.com and Mulcahey Occupational Therapy, LLC.
You further warrant that any information you submit to the Company when using or purchasing Content through this Website is owned by you and that you have the necessary authority to submit such information, including your payment information and email address.
The Content provided by the Company, whether directly through this website or via a third party product delivery platform, is for information purposes only and no portion of the Content is intended to substitute for any professional advice, including but not limited to medical, psychiatric, psychological, or behavioral advice and/or treatment, and you may not rely on the Content of this Website to provide such.
The Content on this web site is not to be interpreted as a promise or guarantee of results. If you require medical, psychiatric, and/or psychological care, you are advised to retain the services of a licensed medical professional. In her capacity as a Life Coach and Occupational Therapist, Heather Mulcahey does not hold herself out to be a physician, psychiatrist, nurse, psychologist, mental health counselor, or social worker or other medical practitioner, or, financial advisor, or member of the clergy. The intention of the Company, whether through its website and/or products and services, is to provide educational materials and coaching in the area of healing, wellness, personal growth and self development.
Under no circumstances will the Company or any of its representatives be held liable for any special or consequential damages that result from the use of, the improper use of, or the inability to use the information or strategies communicated to you through the Content.
You hereby assume responsibility for your actions and the results you create, or do not create, as a result of your actions or inaction. You also understand that it is entirely your right and responsibility to decide the extent to which you make use of this Content and you therefore agree not to attempt to hold the Company liable for any such actions or results of those actions, under any circumstances. Your level of success in attaining results is dependent upon a number of factors beyond the Company’s control, including your level of personal development, knowledge, ability, dedication to the process, personality, and mindset.
The statements and the strategies offered in the Content are based on the opinions, experiences, and coaching strategies of the Company. No future guarantees can be made that you will achieve any results from the Content, and the Company shall not be held responsible for any loss, liability, damage (whether direct, indirect or consequential), personal injury, or expense of any nature whatsoever, which may be suffered by you or any third party as a result of, or which may be attributable directly or indirectly to, your access and use of the Content. Ordering/purchasing Products or Services from this website will be construed as your explicit understanding and acceptance of this Disclaimer.
In fact, we make no guarantees whatsoever that you will achieve any results from the methods or coaching practices contained on this Website or in our Products and Services as results depend on many factors under your control.
The Content on our website and in our Products and Services may include views or recommendations of third parties, which do not necessarily reflect the views of the Company or indicate its commitment to a particular course of action.
In any instance where we include any case studies or testimonials, you can assume that none of these stories represents the “average” or “typical” customer experience.
By accessing Content through this Website and and its Products and Services you hereby waive and release the Company to the full extent permitted by law from any and all claims relating to the use of and/or reliance on the Content. In no event shall the Company be held liable for any injury, loss or damage resulting from use of, or reliance upon, the Content.
You must be at least eighteen years of age to access the products and services provided on this Website. If you are not at least eighteen years old, you are not permitted to access this Website for any reason, except if you have the permission of a legal guardian.
If you are provided a password to access this Website and its Content, then that password is for your personal use only, unless otherwise specified. You agree, therefore, to be responsible for the security of your password.
Copyright and Trademark
All Content posted on this Website is subject to copyrights owned by the Company. Any reproduction, retransmission, or republication (in whole or in part) of any part of the Content contained in the Company’s Products and Services is expressly prohibited, unless otherwise agreed and consented to in writing by the Company or any other copyright owner. All other rights reserved. You agree not to copy, edit, publish, and/or distribute any Content on this Website for any purpose whatsoever without prior arrangement or permission from the Company.
Unless specified otherwise, the Content will be delivered by digital download, directly from the Website or via email, or via a third party product delivery provider, to your computer. In the case of unforeseeable delays, the Company is not required to compensate for damages or inconveniences caused by such delays.
It is your responsibility to enter the correct delivery email address at the time of ordering and paying for the Content. If you enter the wrong email address, we are not obliged to re-send the order to another email address. It is the responsibility of the customer (the purchaser of the Content) to inform the Company if an order is not delivered. Once we learn an order has not been delivered to you via digital download to your computer, we will make every effort to complete delivery as soon as possible, except where delivery cannot be made through fault of your ability to accept the Content via digital download. You therefore agree that a delay in delivery shall not constitute a failure of our agreement, and does not entitle you to cancellation of an order.
As our Content is delivered in digital form or in real time coaching sessions, it is not possible to return it to us and is therefore non-refundable. However, if you receive Content that you believe is not what was expected, the Company may, at our discretion, refund your money.
Cancellations made at least 24 hours in advance of a scheduled appointment may be rescheduled. Cancellations made less than 24 hours in advance of a scheduled appointment shall not be refunded.
All prices shown on this Website are in United States Dollars (USD) and all payments must be made in USD.
DISCLAIMER OF WARRANTIES
ALL CONTENT AVAILABLE THROUGH THIS WEBSITE IS PROVIDED “AS IS”. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER THIS COMPANY NOR ITS AGENTS WARRANT THAT THE CONTENT WILL BE AVAILABLE INDEFINITELY, OR THAT SAID CONTENT IS ACCURATE, RELIABLE OR CORRECT.
FURTHERMORE, THE COMPANY DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE CONTENT IS SOLELY AT YOUR OWN RISK. BECAUSE SOME JURISDICTIONS IN THE UNITED STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS AGENTS, AFFILIATED COMPANIES, AND CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IN NO EVENT SHALL THE AMOUNT OF COLLECTIVE LIABILITY OF THIS COMPANY AND ITS AGENTS, AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CONTRACTORS EXCEED THE AMOUNT ACTUALLY PAID TO THE COMPANY FOR PRODUCTS OR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT ALLOWABLE BY LAW.
Severability and Integration
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and the Company with respect to this Website and supersedes all prior or contemporaneous communications between you and the Company with respect to this Website and its Content. If any part of the terms stated herein is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law, to reflect, as closely as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Jurisdiction of Dispute Resolution
These Terms of Service and Product Use shall be governed by and construed in accordance with the laws of the State of Massachusetts. You hereby consent to binding arbitration in the State of Massachusetts to resolve any disputes arising under these terms.
February 17, 2020
This Disclaimer governs your use of heathermulcahey.com (“Website,” “Site”). Your continued use of this Website after reading this Disclaimer in its entirety constitutes acceptance of its terms AND creates a legally binding agreement between you and the owner of this Site, Mulcahey Occupational Therapy, LLC (“Company”, “we”, “our” “us”).
If you disagree with any part of the terms set forth below, DO NOT CONTINUE TO READ OR USE THIS WEBSITE IN ANY MANNER WHATSOEVER.
Disclaimer of Warranties
The information, coaching, and training materials found on this Website, including but not limited to information contained in blog posts, podcasts, videos, coaching calls and/or recordings, images, email newsletters or other text files, including all products and services, whether free or offered for sale (collectively, “Content”), are provided “AS IS” and “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED. COMPANY AND ITS DATA PROVIDERS DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE TECHNOLOGY, PRODUCTS, AND SERVICES OFFERED ON THE SITE. COMPANY AND ITS DATA PROVIDERS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE, AS WELL AS FOR ANY INFORMATION RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED ON THE SITE.
Some states do not allow the exclusion of implied warranties, so these exclusions may not apply to you.
Not a Substitute for Professional Advice and Care
The Content is not to be construed as, and is never intended to be used as a substitute for professional advice or care. The information provided throughout this Website must not replace or be a substitute for the services of trained and licensed professionals, including those in the financial, medical, behavioral, or other health-related fields.
If you are in need of professional advice or medical care you must seek the help of someone who is licensed and professionally trained to provide such care. Under no circumstances shall Mulcahey Occupational Therapy, LLC, and heathermulcahey.com (collectively, “Company,” “we,” “our,” “us,”) or any of our representatives or contractors, be liable for any special or consequential damages that may result from the use of, the improper use of, or the inability to use the Content found on this Website.
No Future Guarantees
AS STIPULATED BY LAW, NO FUTURE GUARANTEES CAN BE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM THE CONTENT AND ALL FORWARD- LOOKING STATEMENTS INCLUDED ON THIS WEBSITE ARE SIMPLY ILLUSTRATIVE AND NOT INTENDED AS PROMISES OF ACTUAL RESULTS. YOUR ACTUAL RESULTS, OR LACK OF RESULTS, WILL BE DETERMINED BY MANY OTHER FACTORS BEYOND OUR CONTROL AND IT WILL BE IMPORTANT TO INCLUDE THOSE FACTORS IN DETERMINING YOUR ACTUAL RESULTS. BECAUSE THESE FACTORS DIFFER BETWEEN INDIVIDUALS, WE CANNOT GUARANTEE YOUR SUCCESS AS YOU ALONE ARE RESPONSIBLE AND ACCOUNTABLE FOR YOUR DECISIONS, ACTIONS AND RESULTS IN LIFE AND BY YOUR USE OF THE CONTENT YOU AGREE NOT TO ATTEMPT TO HOLD COMPANY LIABLE FOR ANY SUCH DECISIONS, ACTIONS OR RESULTS, AT ANY TIME, UNDER ANY CIRCUMSTANCES. NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM THE CONTENT FOUND ON THIS WEBSITE.
Limitation of Liability
EXCEPT AS EXPRESSLY PROVIDED HEREIN, UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE FOR ANY CLAIMS WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY PHYSICAL OR MENTAL ILLNESS, LOST REVENUES, PROFITS, OPPORTUNITIES, AND/OR LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE, ANY COMMUNICATIONS SENT TO YOU FROM COMPANY OR INFORMATION MADE AVAILABLE THROUGHOUT THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES CONTAINED IN SUCH INFORMATION.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Modification of Terms
We reserve the right to modify the terms of this Disclaimer at any time. It is your responsibility to periodically check back here to review this statement for any changes.
Reasonableness of Terms
As previously stated above, by continuing to use this website after reading these Terms, you agree that the exclusions and limitations of liability set forth herein are reasonable and acceptable.
February 17, 2020