Terms of Service

1. Agreement to Terms

By accessing or using the Roots Counseling & Wellness website at https://www.rootscounselingwellness.com/ (the "Website"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree with any part of these Terms, you should not access or use our Website.

These Terms constitute a legally binding agreement between you and Roots Counseling & Wellness PLLC ("we," "us," or "our"), a Professional Limited Liability Company registered in Washington State.

You must be at least 18 years old to use this Website independently. Individuals between the ages of 13 and 17 may browse the Website with the consent of a parent or legal guardian. By using the Website, you represent that you have the legal capacity to enter into these Terms.

Continued use of the Website after any updates to these Terms constitutes your acceptance of the revised Terms.

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   2. Definitions

• "Website" means https://www.rootscounselingwellness.com/ and all associated pages, content, and features.

• "Practice," "we," "us," or "our" means Roots Counseling & Wellness PLLC, a Washington State professional limited liability company.

• "User," "you," or "your" means any person who accesses or uses the Website.

• "EHR" or "Client Portal" means SimplePractice, the separate HIPAA-compliant electronic health record and practice management platform used for clinical services.

• "Client" means an individual who has established a provider-client relationship with Roots Counseling & Wellness by completing all required digital intake documentation in the EHR, receiving written confirmation of acceptance by the practice, and completing at least one billable clinical session with a licensed clinician of the practice. Individuals who have only submitted a website inquiry, contact form, or consultation request are not considered clients.

• "Provider-Client Relationship" means a formal therapeutic relationship, which is established only upon completion of all required digital intake paperwork in the EHR, written confirmation of acceptance by the practice, and completion of a first paid clinical session — not by using this Website, submitting a contact form, or scheduling a consultation.

• "Services" means outpatient telehealth therapy services provided by licensed clinicians under a separate services agreement executed through the EHR.

• "Content" means all text, images, graphics, videos, blog posts, clinician bios, and other materials published on the Website.

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  3. Website Description — Information Only

The Roots Counseling & Wellness Website is an informational and marketing resource. It provides:

• General information about the practice, its clinicians, and the therapy services offered
• Contact and appointment inquiry forms
• Information about fees, insurance, and how to get started

Important: The Website is not a clinical service and does not provide therapy, diagnosis, counseling, or mental health treatment. Submitting a contact or intake inquiry form does not initiate care, establish a provider-client relationship, or create any obligation on the part of the practice to provide services.

The practice reserves the right to decline any prospective client for any non-discriminatory reason.

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  4. Telehealth-Only Practice

Roots Counseling & Wellness PLLC operates exclusively via telehealth. There are no physical office locations for client-facing services.

All clinical intake paperwork, consent forms, and required documentation must be completed digitally through the client portal (SimplePractice) prior to the commencement of any services. The practice does not offer verbal intake, phone intake, postal mail intake, or manual paper-based alternatives to its digital intake process. This policy applies uniformly to all prospective clients without regard to background, identity, or disability status.

Digital intake completion is a prerequisite for and integral component of receiving telehealth services from this practice. Failure to complete required digital intake paperwork prior to a scheduled first appointment will result in cancellation of that appointment, consistent with the practice’s standard intake policy applied uniformly to all prospective clients.

The ADA’s reasonable accommodation standard does not require a covered entity to fundamentally alter its service delivery model. Requiring this telehealth-only practice to offer non-digital intake alternatives would constitute an undue operational burden, as the digital intake process is fundamental to and inseparable from the delivery of telehealth services.

 

  5. No Provider-Client Relationship via Website

Using this Website, submitting a contact form, leaving a voicemail, sending an email, or scheduling a consultation does not establish a provider-client relationship with Roots Counseling & Wellness or any of its clinicians.

No therapist-client privilege, confidentiality obligation, or duty of care arises from website use or pre-intake communications.

A provider-client relationship is established only upon ALL of the following:

• Completion of all required digital intake paperwork in SimplePractice
• Written confirmation of acceptance by the practice
• Completion of a first paid clinical session with a licensed clinician of the practice

Until all three conditions are met, no provider-client relationship exists, and no clinical, confidentiality, or HIPAA obligations attach to communications between the prospective client and the practice.

Communications submitted via the Website before a provider-client relationship is established are not clinical communications and are not subject to HIPAA protections at the website level.

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  6. Data Retention & Records

The Website itself does not independently store or retain user-submitted data. Form submissions are transmitted directly into HIPAA-compliant systems (SimplePractice and/or the practice’s internal HIPAA-compliant database infrastructure) at the point of submission and are governed by HIPAA retention requirements and applicable BAA agreements.

The 30-day email purge policy applies only to operational email communications (Google Workspace), including intake inquiry responses and general correspondence. This purge is pursuant to the practice’s HIPAA-aligned data minimization policy.

The practice does not retain records, documentation, voicemails, audio recordings, or communications for individuals who do not complete intake and establish a lawful provider-client relationship.

Users who submit inquiries should retain their own copies of any communications submitted to the practice, as the practice’s retention policy may result in those communications no longer being available.

Once a provider-client relationship is established, clinical records are retained in HIPAA-compliant systems in accordance with Washington State law (WAC 246-341) and HIPAA requirements.

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  7. Acceptable Use

You agree not to:

• Use the Website to transmit protected health information (PHI) — use SimplePractice for all clinical communications
• Attempt to establish or imply a provider-client relationship through website communications
• Submit false, misleading, or fraudulent intake inquiries
• Use the Website to harass, threaten, or intimidate practice staff or clinicians
• Attempt to circumvent the practice’s digital intake requirements
• Scrape, copy, or reproduce website content without written permission
• Use automated tools (bots, scrapers, crawlers) to access or collect data from the Website
• Attempt to gain unauthorized access to any part of the Website, its servers, or connected systems
• Transmit any viruses, malware, or other harmful code
• Use the Website in any manner that violates applicable Washington State or federal law

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  8. Intellectual Property

All content on this Website — including text, graphics, logos, images, clinician bios, service descriptions, blog posts, videos, and the design and arrangement of the Website — is owned by Roots Counseling & Wellness PLLC or its content providers and is protected by United States copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to access and view the Website for personal, non-commercial purposes only. You may not reproduce, distribute, or create derivative works from our Content without prior written permission.

"Roots Counseling & Wellness" and our logo are trademarks of Roots Counseling & Wellness PLLC. You may not use our trademarks without prior written consent.

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  9. Washington My Health My Data Act

The practice acknowledges its obligations under Washington’s My Health My Data Act (MHMDA, RCW 19.373).

Health-related information submitted via contact forms may constitute “consumer health data” under MHMDA. Such information is:

• Collected solely to respond to inquiries and facilitate potential intake
• Not used for targeted advertising
• Not sold to third parties

The practice does not sell or share consumer health data as defined under MHMDA.

Washington residents have the right to:

• Access their consumer health data
• Request deletion of their consumer health data
• Withdraw consent related to the processing of their consumer health data

Requests may be submitted to morgan@rootscounselingwellness.com and will be processed in accordance with applicable legal and regulatory requirements.

The practice does not condition access to information about its services on a waiver of MHMDA rights.

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  10. No Clinical Advice via Website

Nothing on this Website constitutes therapy, counseling, psychiatric advice, diagnosis, or treatment. Website content is provided for general informational purposes only and should not be relied upon as a substitute for professional mental health care.

If you are in crisis: If you are experiencing a mental health emergency, please call 988 (Suicide & Crisis Lifeline), call 911, or go to your nearest emergency room. Do not use this Website to seek emergency care.

Using this Website does not substitute for professional mental health care. Always seek the advice of a qualified mental health professional with any questions you may have regarding a mental health condition.

 

 11. Privacy & Data

The practice’s collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using the Website, you consent to the data practices described in our Privacy Policy. Key points include:

• We do not sell your personal information
• Contact form submissions are purged within 30 days if you do not become a client
• We use privacy-focused, self-hosted analytics — no third-party advertising trackers
• Clinical data is handled through our separate HIPAA-compliant EHR system (SimplePractice)

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  12. Third-Party Services & Links

The Website may link to third-party resources, referral directories, or crisis services. The practice is not responsible for the content, privacy practices, or terms of third-party sites.

SimplePractice (our EHR and client portal) operates under its own terms of service and privacy policy, separate from this Website. When you transition to SimplePractice for intake, you will be subject to their terms.

The inclusion of any link does not imply endorsement. We encourage you to review the terms and privacy policies of any third-party site you visit.

 

  13. Disclaimers & Limitation of Liability

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13.1 Disclaimer of Warranties

THE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. We disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The practice does not warrant that the Website will be uninterrupted, error-free, or free of harmful components.

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13.2 Limitation of Liability

To the maximum extent permitted by Washington State law, the practice’s total liability for any claim arising from use of this Website is limited to the greater of $100 or the amount paid by the user to the practice in the 12 months preceding the claim.

The practice is not liable for:

• Indirect, incidental, consequential, or punitive damages
• Decisions made by users based on website content
• Outcomes resulting from failure to establish a provider-client relationship
• Any claims arising from pre-intake communications

Nothing in this limitation of liability excludes liability for gross negligence or intentional misconduct, violations of Washington State’s data breach notification requirements under RCW 19.255.010, or any liability that cannot be excluded or limited under applicable law.

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  14. Indemnification

You agree to indemnify and hold harmless Roots Counseling & Wellness PLLC, its clinicians, staff, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising from:

• Your misuse of the Website
• False or misleading information you submit
• Your violation of these Terms
• Any third-party claims arising from your conduct
• Your violation of any applicable law or regulation

 

  15. Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of law principles.

Any dispute arising from these Terms or your use of the Website shall be resolved in the state or federal courts located in King County, Washington. You and the practice waive any objection to personal jurisdiction or venue in King County, Washington.

Nothing in this section prevents either party from seeking injunctive or other equitable relief in any court of competent jurisdiction, or from pursuing claims in small claims court within its jurisdiction.

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  16. Termination of Access

The practice may terminate or restrict your access to the Website at any time, for any reason, without notice.

Upon termination, the following sections of these Terms shall survive: No Provider-Client Relationship (Section 5), Data Retention & Records (Section 6), No Clinical Advice (Section 10), Disclaimers & Liability (Section 13), Indemnification (Section 14), Governing Law (Section 15), and Modifications (Section 17).

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  17. Modifications to Terms

The practice may update these Terms at any time by posting a revised version with an updated effective date. When we make changes:

• The "Last Updated" date at the top of this page will be revised
• Material changes will be noted prominently on the Website
• Your continued use of the Website after changes are posted constitutes acceptance of the updated Terms

If you do not agree with the updated Terms, you should stop using the Website. We encourage you to review these Terms periodically.

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  18. Contact Us

If you have questions about these Terms of Service, please contact us:

Legal / Terms inquiries: morgan@rootscounselingwellness.com
Privacy inquiries: morgan@rootscounselingwellness.com
General contact: morgan@rootscounselingwellness.com

Phone: (970) 658-9704

Mailing address: 218 Main St #420, Kirkland, WA 98033

Website: https://www.rootscounselingwellness.com/

We aim to respond to all inquiries within 30 business days. Due to the practice’s 30-day email retention policy, please retain copies of any correspondence you send to us.

Roots Counseling & Wellness PLLC is a Professional Limited Liability Company registered in the State of Washington.