TERMS & CONDITIONS
Welcome to Heather Barahmand.com (“Company”, “we,” “us,” or “our”). We invite you to access and use our website (the “Website”).
We provide visitors to our Website (“Visitors”) access to the Website subject to the following Terms of Use, which may be updated by us from time to time without notice to you and you agree to review the Agreement periodically so you are aware of modifications. Please read this Agreement carefully before accessing the Website. Accessing or browsing the public areas and using the Website, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our Privacy Policy, which is hereby incorporated by reference (this “Agreement”). If you do not agree to any of these terms, then please do not use the Website.
You acknowledge that the use of information on this Website or submission of an inquiry does not, by itself, create a psychotherapist-client, advisory, or other professional relationship. The Company provides psychotherapy and Private Advisory services, but those services are provided only after the Company and the prospective client mutually agree to establish a professional relationship and, where applicable, appropriate informed-consent, engagement, or other professional agreements have been completed.
Website content is for general informational purposes only and is not a substitute for individualized professional advice, diagnosis, treatment, or evaluation. Psychotherapy is provided only where legally authorized. Private Advisory and psychotherapy are separate services. Private Advisory is not psychotherapy and does not include mental health diagnosis or treatment. Any separately provided psychotherapy services remain subject to the professional, ethical, confidentiality, licensure, and other requirements applicable to psychotherapy.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.
1. Use of our Website
We provide Visitors with access to the Website as described below.
Visitors. Visitors are people who want to explore the Website. No login is required. Visitors can: (i) view all publicly available content on the Website; and (ii) contact us.
Company is under no obligation to accept any individual as a psychotherapy or Private Advisory client and may accept or decline an inquiry in its discretion, subject to applicable law and professional obligations.
2. Website Use Guidelines
By accessing and/or using the Website, you agree that:
- You will comply with all applicable laws in your use of the Website and will not use the Website for any unlawful purpose;
- You will not upload, email, transmit, or otherwise make available content that infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity;
- You will not transmit content that is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains unlawful hate speech;
- You will not disclose sensitive information about another person, including that person’s email address, postal address, phone number, credit card information, or similar information;
- You will not stalk, threaten, or otherwise harass another person;
- You will not spam or use the Website to engage in unauthorized commercial activities;
- You will not access or use the Website to collect market research for a competing business;
- You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- You will not interfere with or attempt to interrupt the proper operation of the Website through any virus, device, software, routine, hacking, data mining, or other means;
- You will not use any robot, spider, scraper, or other automated means to access the Website without our express written permission, except that operators of public search engines may use spiders to create publicly available searchable indices of public Website materials, but not caches or archives; and
- You will not take any action that imposes or may impose an unreasonable or disproportionately large load on our technical infrastructure.
We reserve the right, in our sole and absolute discretion, to deny you access to the Website, or any portion of the Website, without notice when reasonably necessary to protect the Website, our rights, or others.
3. Restrictions
The Website is intended for individuals aged 18 years or older. If you are under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.
4. Fees and Payment
Fees, payment terms, cancellation terms, and any refund terms applicable to psychotherapy or Private Advisory services are governed by the applicable informed-consent, engagement, or other professional agreement. If payment is made through the Website or a third-party payment processor, you agree to provide current, complete, and accurate billing information and to pay all applicable fees and taxes.
We or our third-party payment processor may authorize the credit card, bank account, or other approved payment method you provide for amounts due under the applicable professional agreement, and you consent to the same.
In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.
5. Intellectual Property
The Website contains material, such as articles, writings, photographs, software, text, graphics, images, sound recordings, and other material provided by or on behalf of Company (collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.
Visitors may view all publicly available Content for their own personal, non-commercial use. Other than as expressly set forth in the immediately prior sentence, you have no other rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without the prior written consent of Company. Company retains all right, title, and interest, including all intellectual property rights, in and to the Content. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website, social media page, or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use the Content and the Website automatically terminates and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of Company (the “Company Trademarks”) used and displayed on the Website are registered and unregistered trademarks or service marks of Company. Other company, product, and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Company Trademarks, the “Trademarks”). Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Company Trademarks inures to our benefit.
Elements of the Website are protected by trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
6. Communications with Us
Although we encourage you to contact us, please use discretion when communicating through the Website or by ordinary email. Unless you are already an established psychotherapy client and have been instructed otherwise, do not send highly sensitive clinical, medical, financial, legal, or other confidential information through general Website inquiries or ordinary email.
An initial inquiry does not create a confidential psychotherapist-client or advisory relationship. Information submitted through the Website will be handled as described in our Privacy Policy and in accordance with applicable law.
With respect to feedback, questions, comments, suggestions, and similar non-confidential communications that are not submitted in connection with psychotherapy, Private Advisory, or another prospective or established professional relationship, we may use ideas, concepts, know-how, or techniques contained in those communications for lawful business purposes without compensation or attribution to you.
7. No Warranties; Limitations of Liability
THE WEBSITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE, ITS SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WE MAKE NO GUARANTEES THAT THE WEBSITE OR ITS CONTENT WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF HARMFUL COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL WE, OUR AFFILIATES, LICENSORS, OR PARTNERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER ECONOMIC LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THIS WEBSITE OR ITS CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR TOTAL LIABILITY, OR THE TOTAL LIABILITY OF OUR AFFILIATES, LICENSORS, OR PARTNERS, FOR ANY CLAIM ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE OR CONTENT EXCEED THE TOTAL AMOUNT YOU HAVE PAID TO US FOR ACCESSING THIS WEBSITE, IF ANY, IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
THIS LIMITATION OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IN SUCH CASES, OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Nothing in this section is intended to alter obligations arising under a separate psychotherapy informed-consent agreement, Private Advisory engagement agreement, or other professional agreement, or to exclude or limit liability where doing so would be prohibited by applicable law.
8. External Sites
The Website may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
9. Representations; Warranties; and Indemnification
You agree to defend, indemnify, and hold us and our freelancers, agents, successors, licensees, and assigns harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your misuse of the Content or the Website; and/or (iii) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
10. Compliance with Applicable Laws
The Website is based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Website or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
Psychotherapy services are provided only where Heather Barahmand is legally authorized to provide those services at the time the services are rendered.
11. Termination of the Agreement
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Website, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Website at any time without prior notice or liability. The following sections shall survive any termination of this Agreement: “Fees and Payment” (until all fees and taxes due are paid), “Intellectual Property,” “Communications with Us,” “No Warranties; Limitations of Liability,” “Representations; Warranties; and Indemnification,” “Termination of the Agreement,” “Controlling Law,” “Binding Arbitration,” “Class Action Waiver,” “Equitable Relief,” and “Miscellaneous.”
12. Digital Millennium Copyright Act
Company respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content deemed to have been posted or distributed in violation of any such laws.
Our designated contact for the receipt of any Notification of Claimed Infringement under the Digital Millennium Copyright Act (the “Act”) is as follows:
Heather Barahmand
By e-mail: director@heatherbarahmand.com
If you believe that your work has been copied on the Website in a way that constitutes copyright infringement, please provide notice in accordance with the requirements of the Act.
The notice should include: (i) a description of the copyrighted work that has been infringed and the specific location on the Website where such work is located; and (ii) a description of the location of the original or an authorized copy of the copyrighted work.
It should also include: (iii) your address, telephone number and email address; and (iv) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law.
It should further include: (v) a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Finally, include: (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
13. CONTROLLING LAW
This Agreement and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. You agree that if we are the prevailing party over a dispute on these terms that you will pay our reasonable attorneys’ fees and costs to bring a legal action.
14. BINDING ARBITRATION
In the event of a dispute arising under or relating to this Agreement, the Content, or the Website (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party.
IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION.
All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA.
The arbitration shall be commenced and conducted by JAMS pursuant to its then-current Comprehensive Arbitration Rules and Procedures and, where appropriate, its Streamlined Arbitration Rules and Procedures. Applicable JAMS rules and procedures are available from JAMS.
Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction.
This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States.
The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information, including electronically stored information, relevant to the Dispute immediately after commencement of the arbitration.
As set forth in Section 16 below, nothing in this Agreement will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.
15. Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
16. Equitable Relief
You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement.
We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above.
You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of California for purposes of any such action by us.
17. Miscellaneous
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.
Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter.
The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
Nothing in this Agreement replaces or modifies any separate informed-consent document, psychotherapy agreement, Private Advisory engagement agreement, or other written professional agreement entered into between you and Heather Barahmand.
Company:
Heather Barahmand
Website: heatherbarahmand.com
By e-mail: director@heatherbarahmand.com
Last Modified 09/20/2026