Overview / Introduction

These Terms and Conditions (“Terms”) govern all access to and use of the website located at https://www.amytherapynyc.com (the “Site”) operated by Amy Calmann LCSW Psychotherapy (the “Practice,” “we,” “us,” or “our”).

The Site provides general information about psychotherapy services offered by a licensed clinical social worker, both in person and through Telehealth, in the States of New York, New Jersey, and Connecticut. It is not a substitute for professional diagnosis, advice, or treatment.

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By accessing or using the Site, scheduling an appointment through linked tools, or communicating electronically with the Practice through the Site, you (“you,” “your,” or “user”) agree to be bound by these Terms and by our Website Privacy Policy and any other policy, incorporated by reference. 

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If you do not agree, you must discontinue use of the Site immediately.

Clinical services - whether in person or via Telehealth - are governed by separate consent and treatment agreements provided directly to patients and are not controlled by these Terms.

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Definitions and Interpretation

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Defined Terms

The following terms have the meanings set forth below:

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• “Site” means the public webpages located at amytherapynyc.com and any sub-pages, forms, or scheduling portals that link to these Terms.

• “Services” means psychotherapy, consultation, and related professional activities rendered by Amy Calmann LCSW Psychotherapy under separate treatment consents.

• “Telehealth” means the delivery of psychotherapy or consultation through secure audio-visual technology, limited to jurisdictions where the clinician holds active licensure.

• “PHI” (Protected Health Information) and “NPP” have the meanings given under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).

• “Portal” means any HIPAA-compliant online system or application used by the Practice for patient intake, messaging, or document exchange.

• “Non-PHI Data” means information collected through the Site that is not protected health information under HIPAA.

 

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Construction

Headings are for convenience only and do not affect interpretation. “Including” means “including without limitation.” References to laws include successor statutes and regulations.

 

 

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Contract Formation and Acceptance of Terms

Your use of the Site constitutes acceptance of these Terms. If you use the Site on behalf of another person (for example, scheduling on behalf of a family member), you represent that you are authorized to accept these Terms for that person and that all information you provide is truthful and complete.

 

The Practice may update these Terms from time to time. Changes become effective when posted with a revised “Last Updated” date. Continued use of the Site after that date signifies acceptance of the revised Terms.

 

Accessing the Site does not create a therapist–patient relationship. Such a relationship arises only after the Practice accepts an individual as a patient and both parties sign the relevant consent forms.

 

 

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Scope of Site Information and Professional Relationship

The Site and any articles, posts, or materials available through it are for general educational and informational purposes only. They are not and should not be construed as professional advice, therapy, diagnosis, or treatment.

 

Do not rely on information obtained from the Site as a substitute for consultation with a qualified mental health professional. Always seek the advice of your clinician or other qualified provider regarding a psychological or medical condition.

 

Neither viewing the Site, transmitting information to the Practice through the Site, nor receiving a response, creates any therapist–patient or confidential relationship.

 

Services described as “animal therapy” or “pet loss therapy” or “pet grief and loss” refer to psychotherapy interventions addressing grief and emotional processing related to animals. The Practice does not provide veterinary, animal behavioral, or medical treatment and makes no claim to do so.

 

Submission of an inquiry or request for services does not guarantee that the Practice will accept you as a patient. Suitability for treatment is determined only after an intake review and mutual agreement to commence therapy.

 

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Emergency and Crisis Disclaimer

The Site and its communication features are not designed for emergencies or urgent messages. If you are in crisis or believe you may harm yourself or others, immediately call 911, go to your nearest emergency department, or contact a local crisis hotline (for example, the 988 Suicide & Crisis Lifeline in the U.S.).

The Practice cannot guarantee real-time monitoring of electronic submissions or voicemail and disclaims any responsibility for failure to respond to emergency messages submitted through the Site.

 

 

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Geographic and Licensure Limitations

The Practice is licensed to provide psychotherapy in New York, New Jersey and Connecticut.

 

Telehealth services are available only to patients who, at the time of service, are physically located in a state where the clinician is duly licensed. By requesting Telehealth, you represent that you meet this requirement.

 

The Site is controlled and operated from New York State. The Practice makes no representation that materials on the Site are appropriate or lawful in other jurisdictions. Users who access the Site from outside those jurisdictions do so at their own initiative and are responsible for compliance with local law.

 

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Eligibility; Minors and Authorized Representatives

You must be at least eighteen (18) years old and legally competent to use the Site independently.

 

Where services are offered to minors under state law, a parent or legal guardian must complete all intake and consent documentation on the minor’s behalf. The Practice reserves the right to verify guardianship and may decline services if lawful authorization is not established.

 

Individuals acting on behalf of another (for example, family members scheduling for a patient) warrant that they have appropriate legal authority and consent to share the information submitted.

 

 

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Scheduling, Fees, Cancellations and No-Show Policy

The Site may link to third-party scheduling or payment platforms. Scheduling an appointment through those systems constitutes a request for professional services but does not confirm acceptance until the Practice provides written or electronic confirmation.

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Fee structures and accepted payment methods are described on the Fees & Insurance page of the Site and in the patient’s consent documents. The Practice reserves the right to adjust fees from time to time in accordance with applicable notice requirements.

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Cancellations

Patients must provide at least forty-eight (48) hours’ notice to cancel or reschedule an appointment. Sessions canceled with less notice, or missed without notice, may be charged at the full session rate.

 

The Practice will make reasonable efforts to offer an alternative time within the same week when possible, but availability is not guaranteed.

 

If the clinician must cancel or reschedule a session, the patient will not be charged for the missed appointment, and reasonable efforts will be made to provide an alternative time.

 

 

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Communications and Electronic Consent (Email, SMS, Voicemail)

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Non-Secure Channels

Electronic communications transmitted by regular email, text message, or voicemail are not fully secure. By initiating or replying to such communications, you acknowledge and accept these inherent risks.

 

Secure Messaging Preferred

All Protected Health Information (“PHI”) must be exchanged only through the Practice’s designated HIPAA-compliant portal or Telehealth system. Non-secure messages may be retained solely as administrative records and will not form part of your clinical file unless appropriate.

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Electronic Signature Consent

You consent to conduct transactions and receive records electronically in accordance with the federal E-SIGN Act and UETA. Electronic acknowledgments, check-boxes, or typed signatures have the same legal force as ink signatures.

 

Response Times and Boundaries

Electronic messages are answered during regular business hours only. The Practice does not guarantee same-day responses and is not responsible for missed or delayed delivery caused by internet or carrier outages.

 

Opt-Out

You may withdraw consent to non-secure communication at any time by written notice; the Practice will confirm receipt and adjust contact preferences accordingly.

 

 

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Portal and Telehealth Platforms (Access, Credentials, E-Sign)

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Portal Access

Registered patients receive credentials to the HIPAA-compliant patient portal used for scheduling, billing, secure messaging, and document signing. You agree to maintain the confidentiality of your credentials and to notify the Practice immediately of any suspected breach.

 

Telehealth Integrity

You must confirm your identity and physical location at the start of each Telehealth session. Sessions may not be recorded by either party without prior written consent.

 

Technology Failures

If a Telehealth session is interrupted due to technical issues, the clinician will attempt to re-establish the connection once. If reconnection fails, the session may be rescheduled at the clinician’s discretion without charge.

 

E-Sign Compliance

Forms executed through the Portal are deemed signed and delivered when submitted electronically. Copies delivered electronically are admissible as originals.

 

Platform Providers

The Practice uses only vendors that have executed Business Associate Agreements (BAAs) under HIPAA. Names of current vendors are available upon request.

 

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Privacy Architecture — Website Privacy vs. HIPAA NPP

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Distinct Frameworks

The Site collects limited Non-PHI Data for administrative and analytical purposes, governed by the Website Privacy Policy. 

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No PHI via Website Forms

Do not include diagnostic or therapeutic details in general contact forms. The Practice is not responsible for PHI submitted through non-secure website fields.

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Cookies and Analytics

If enabled, cookies or analytics tools are used only to measure Site performance. They do not access clinical records or PHI. Users may disable cookies through browser settings without affecting access to essential Site content.

 

Conflict of Policies

If any provision of the Website Privacy Policy conflicts with the NPP regarding PHI, the NPP controls.

 

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User Submissions and Testimonials

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Voluntary Submissions

You may contact the Practice or submit feedback at your discretion. By doing so, you grant the Practice a limited, non-exclusive license to use the submission for the purpose of responding, record-keeping, or improving services.

 

Prohibited Content

You shall not transmit abusive, defamatory, infringing, or otherwise unlawful material. The Practice may delete any submission without notice.

 

Testimonials

Patient testimonials or statements used on the Site appear only with the individual’s written authorization compliant with HIPAA 45 C.F.R. § 164.508. Testimonials may be edited for grammar or length but not for substance.

 

No Obligation to Publish

The Practice reserves sole discretion to determine whether, where, and how any submission or testimonial appears.

Testimonials appearing on this Site reflect individual experiences and results may vary. Testimonials are voluntarily provided; no patient received compensation or preferential treatment for providing a statement. The Practice does not solicit or post testimonials that disclose Protected Health Information.

 

 

 

Intellectual Property (Content, Marks, and Site Materials)

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Ownership

All content, design, graphics, trademarks, and other intellectual-property rights on the Site are owned or lawfully licensed by the Practice. All rights not expressly granted are reserved.

 

Limited License

You are granted a personal, revocable, non-transferable license to access and display Site materials solely for personal, non-commercial use.

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Prohibited Uses

You may not copy, distribute, modify, create derivative works from, publicly display, transmit, or exploit Site materials without prior written consent. Use of the Practice’s logo or trade name for advertising or link-building is prohibited absent written authorization.

 

Attribution

Academic or media quotations must include credit to Amy Calmann LCSW Psychotherapy and a functional hyperlink to the original URL.

 

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Permitted and Prohibited Conduct

You agree to use the Site only for lawful purposes and in a manner consistent with these Terms.

 

You shall not:

(a) use any scraper, crawler, or automated tool to access or copy Site content;
(b) probe or test the security of the Site or interfere with its servers;
(c) attempt to derive the source code of any software used on the Site;
(d) train machine-learning or artificial-intelligence models on Site content without express written consent;
(e) frame or mirror any portion of the Site; or
(f) impersonate another person or misrepresent your affiliation.

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The Practice may suspend or block access to users engaging in prohibited conduct and pursue available civil or criminal remedies.

 

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Third-Party Links, Tools and Integrations

The Site may contain links to third-party websites or integrate scheduling, payment, mapping, or analytics services provided by independent entities. Such links and tools are offered solely for convenience.

 

The Practice does not control or endorse third-party sites and is not responsible for their content, security, or privacy practices. Your use of those services is subject to their own terms and policies.

 

Where a third-party integration is used for Telehealth, scheduling, or payment, the Practice ensures the vendor maintains a Business Associate Agreement (BAA) under HIPAA or otherwise provides equivalent safeguards.

 

Links to crisis resources or professional associations are provided as public information and do not imply an affiliation or warranty of quality.

 

Links or references to third-party professional directories, media outlets, or review platforms are provided solely for identification purposes. The Practice does not control or guarantee the accuracy of external listings and disclaims any liability arising from content hosted by those platforms.

 

 

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Accessibility and Non-Discrimination 

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Accessibility Commitment

The Practice is committed to providing a website experience accessible to all individuals, including those with disabilities. Efforts are made to conform to the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA, as reasonably achievable for a small professional practice.

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Accommodation Requests

If you encounter accessibility barriers or require materials in an alternative format, please contact the Practice by email or phone, and reasonable accommodations will be provided without discrimination or delay.

 

Non-Discrimination

The Practice does not discriminate on the basis of race, color, religion, creed, gender identity or expression, national origin, sexual orientation, disability, age, marital status, or any other characteristic protected by law, in the provision of professional services or in website access.

 

 

 

Insurance, Superbills, and Coverage Disclaimers

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Private Pay Basis

Unless otherwise stated in writing, the Practice provides services on a private-pay, fee-for-service basis. Patients are individually responsible for confirming coverage and benefits with their insurers.

 

Superbills

Upon request, the Practice may issue an itemized statement (“superbill”) that a patient may submit to an insurance carrier for potential out-of-network reimbursement. The Practice makes no representation or guarantee regarding reimbursement outcomes.

 

No Insurer Representation

References on the Site to insurance, reimbursement, or billing are informational only and do not constitute representation or endorsement by any insurer.

 

Patient Responsibility

All deductibles, co-payments, and non-covered charges remain the patient’s responsibility. Failure of an insurer to pay does not relieve the patient of payment obligations.

 

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Educational Content; No Guarantee of Outcomes

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Informational Materials

Blog posts, articles, or resources on the Site are provided solely for educational and general information purposes. They do not establish a therapeutic plan or substitute for individualized care.

 

No Outcome Guarantees

Psychotherapy outcomes depend on numerous factors unique to each patient. The Practice makes no promises, warranties, or guarantees as to specific results from therapy or consultation.

 

Third-Party Materials

Links or references to outside readings, videos, or resources are provided for convenience. The Practice is not responsible for the accuracy or suitability of such materials.

 

 

 

Payment Terms for Site-Facilitated Transactions

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Payment Channels

Where the Site links to a third-party payment processor or scheduling system for deposits or fees, payments are processed through secure, PCI-compliant platforms.

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Authorization

By submitting payment information through the Site or linked services, you authorize the designated processor to charge your selected payment method for the specified amounts.

 

Chargebacks and Disputes

Initiating a chargeback for a properly rendered service may constitute breach of these Terms. The Practice reserves the right to pursue recovery of any fees, costs, or reasonable attorneys’ fees incurred in resolving such disputes.

 

Refunds

Refunds, where applicable, are governed by the cancellation and refund policy referenced in Section above titled “Scheduling, Fees, Cancellations and No-Show Policy” and the patient’s treatment agreement.

 

 

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Security; No Warranties on Availability

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Security Measures

The Practice uses commercially reasonable administrative, technical, and physical safeguards to protect the Site and data transmitted through it.

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User Responsibility

You are responsible for employing appropriate virus protection, firewall, and secure network configurations when accessing the Site.

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System Availability

The Practice does not warrant that the Site or its servers will operate uninterrupted, error-free, or free of malware. Access may be suspended for maintenance, updates, or force-majeure events without liability.

 

Data Loss

The Practice is not responsible for loss of data or damages resulting from your failure to maintain adequate local backups or security protections.

 

 

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Compliance Statements (HIPAA and 42 CFR Part 2, if applicable)

 

HIPAA Compliance

All clinical records and communications that constitute PHI are maintained in compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its implementing regulations.

 

Business Associates

Vendors who process PHI on behalf of the Practice have executed Business Associate Agreements ensuring required safeguards.

 

42 CFR Part 2 (Substance Use Disorder Records)

If and to the extent the Practice provides services that generate records protected by 42 CFR Part 2, such records receive the heightened confidentiality required by federal law and will not be disclosed without written consent or applicable legal authorization.

 

Non-PHI Data

Information collected through the public Site that is not PHI is governed by the separate Website Privacy Policy.

 

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DMCA and Notice-and-Takedown (Copyright Complaints)

 

DMCA Agent

In compliance with the Digital Millennium Copyright Act (“DMCA”), the Practice designates the following agent to receive notifications of claimed infringement:

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Notice Requirements

To be effective, a DMCA notice must include:

 

•  identification of the copyrighted work claimed to have been infringed;

• identification of the allegedly infringing material with sufficient detail for location;

• your contact information;

• a statement of good-faith belief that use is unauthorized;

• a statement under penalty of perjury that the information is accurate; and

• your physical or electronic signature.

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Counter-Notice

If material is removed pursuant to a DMCA notice, the user who posted it may file a counter-notice consistent with 17 U.S.C. § 512(g).

 

Repeat Infringers

The Practice reserves the right to terminate access by users who are repeat infringers.

 

 

 

Disclaimers of Warranties (Site and Content)

 

“As Is” Basis

The Site, its content, and all linked services are provided on an “as is” and “as available” basis without any warranties of any kind, express or implied.

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No Professional Advice Warranty

While the Practice endeavors to provide accurate and current information, the Site does not represent or warrant that any content is complete, accurate, reliable, suitable, or applicable to your personal situation. Use of the Site does not substitute for individualized professional advice.

 

No Technical Warranty

The Practice makes no warranty that the Site will be uninterrupted, secure, or free from errors, viruses, or harmful components. You assume the entire risk as to the quality and performance of the Site.

 

Implied Warranties Disclaimed

To the fullest extent permitted by law, all implied warranties of merchantability, fitness for a particular purpose, and non-infringement are expressly disclaimed.

 

 

 

Limitation of Liability (Website Use Only)

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Scope of Limitation

To the maximum extent permitted by law, the Practice and its owner, employees, contractors, and agents shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising from or related to use of the Site or its content, even if advised of the possibility of such damages.

 

Cap on Damages

In no event shall the total liability of the Practice for all claims related to the Site exceed one hundred U.S. dollars (US$100) or the total amount paid by you, if any, for Site-related transactions during the preceding twelve months—whichever is greater.

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Exclusions

Nothing in these Terms limits liability where such limitation is prohibited by applicable law, including liability for willful misconduct, fraud, or violation of consumer protection statutes.

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Separate Clinical Liability

Liability arising from professional psychotherapy services is governed exclusively by applicable professional standards, malpractice law, and executed consent or treatment agreements—not by these Terms.

 

 

 

Indemnification by User

You agree to indemnify, defend, and hold harmless the Practice, its owner, employees, contractors, and agents from and against any and all losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

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• your use or misuse of the Site;

•  your violation of these Terms or of any applicable law; or

• your infringement or misappropriation of any third-party rights.

 

The Practice reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification, in which event you agree to cooperate fully in such defense.

 

 

 

Changes to the Site and to These Terms

The Practice may modify, suspend, or discontinue any portion of the Site at any time without notice.

 

The Practice may also amend these Terms periodically. The “Last Updated” date at the top of this document indicates the date of the latest revision.

 

Material changes will be posted conspicuously on the Site or communicated by other reasonable means. Continued use of the Site after such posting constitutes your acceptance of the revised Terms.

 

The Practice retains archival copies of prior versions for reference and compliance purposes.

 

 

 

Governing Law; Venue; Jury-Trial Waiver; Service of Process

 

Governing Law

These Terms and any dispute or claim arising from or related to the Site are governed by and construed in accordance with the laws of the State of New York, without regard to its conflict-of-laws principles.

 

Venue

The exclusive jurisdiction and venue for any dispute arising under these Terms shall be the state or federal courts located in New York County, New York. You consent to personal jurisdiction in those courts.

 

Jury-Trial Waiver

To the fullest extent permitted by law, each party knowingly and voluntarily waives any right to a jury trial in any action or proceeding arising out of or relating to these Terms or the Site.

 

Service of Process

You agree that service of process by certified mail, return receipt requested, to the contact information you have provided shall constitute effective service.

 

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Dispute Resolution; Mediation and Small-Claims Carve-Out

 

Good-Faith Negotiation

Before filing any action, the parties shall attempt in good faith to resolve disputes through direct negotiation for at least ten (10) business days.

 

Mediation Option

If the dispute cannot be resolved through negotiation, either party may propose mediation to be conducted in New York City under the auspices of a mutually agreed mediator. The cost of mediation shall be shared equally unless otherwise agreed.

 

Small-Claims Carve-Out

Either party may bring an eligible claim in small-claims court within the jurisdiction described in Section 26 without first engaging in mediation.

 

Injunctive Relief

Nothing in this section prevents the Practice from seeking immediate injunctive or equitable relief in court to protect intellectual property or confidential information.

 

 

 

General Provisions

 

Entire Agreement

These Terms, together with the Privacy Policy and Notice of Privacy Practices incorporated by reference, constitute the entire agreement between you and the Practice regarding website use.

 

Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

 

Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without the prior written consent of the Practice. Any purported assignment in violation of this clause is void.

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Force Majeure

The Practice is not liable for any delay or failure in performance due to events beyond its reasonable control, including natural disasters, power failures, internet disruptions, or government actions.

 

No Waiver

Failure by the Practice to enforce any provision of these Terms shall not constitute a waiver of that provision or of any other provision.

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Survival

Sections 3, 4, 19–24, 26–28, and any other provisions that by their nature should survive termination shall survive termination of these Terms.

 

Contact

Questions or legal notices regarding these Terms should be directed to:
Amy Calmann LCSW Psychotherapy
1140 Broadway Suite 204

New York NY 10001
amy@amytherapynyc.com
347-948-4702

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Acknowledgment

By continuing to use the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.