Website Terms of Use
Acceptance of the Terms of Use
Last Modified: 3/16/2026
These terms of use are entered into by and between you and Therapy with Makenna LLC, a
Minnesota limited liability company (“Company,” “we,” or “us”). The following terms and
conditions, together with any documents they expressly incorporate by reference (collectively,
“Terms of Use”), govern your access to and use of www.therapywithmakenna.com, including
any content, functionality, and services offered on or through therapywithmakenna.com (the
“Website”), whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Website. By using the
Website, you accept and agree to be bound and abide by these Terms of Use and our
Privacy Policy, found at [www.therapywithmakenna.com/privacy], incorporated herein by reference
(“Privacy Policy”). If you do not want to agree to these Terms of Use or the Privacy Policy, you
must not access or use the Website.
This Website is offered and available to users who are 18 years of age or older, and reside in the
United States or any of its territories. By using this Website, you represent and warrant that you
are of legal age to form a binding contract with the Company and meet all of the foregoing
eligibility requirements. If you do not meet all of these requirements, you must not access or use
the Website.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All
changes are effective immediately when we post them and apply to all access to and use of the
Website thereafter.
Your continued use of the Website following the posting of revised Terms of Use means that you
accept and agree to the changes. You are expected to check this page each time you access this
Website so you are aware of any changes, as they are binding on you.
Therapy Services
USING THE WEBSITE OR CONTACTING US ONLINE DOES NOT CREATE A
THERAPEUTIC RELATIONSHIP. A FORMAL RELATIONSHIP BEGINS ONLY
AFTER YOU SCHEDULE AN APPOINTMENT, SIGN AN ENGAGEMENT LETTER,
AND COMPLETE ALL OTHER NECESSARY INTAKE FORMS.
Other Terms and Conditions
These Terms of Use only apply to your use of the Website. They do not govern your relationship
as a client of Therapy with Makenna receiving therapy services, which are governed by your
engagement letter with Therapy with Makenna, Therapy with Makenna’s Notice of Privacy
Practices, and Therapy with Makenna’s other polices and procedures applicable to the therapist-
client relationship.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide
on the Website, in our sole discretion without notice. We will not be liable if for any reason all or
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any part of the Website is unavailable at any time or for any period. From time to time, we may
restrict user access, including registered user access, to some parts of the Website or the entire
Website.
You are responsible for both:
· Making all arrangements necessary for you to have access to the Website.
· Ensuring that all persons who access the Website through your internet connection are
aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain
registration details or other information. It is a condition of your use of the Website that all the
information you provide on the Website is correct, current, and complete. You agree that all
information you provide to register with this Website or otherwise, including, but not limited to,
through the use of any interactive features on the Website, is governed by our Privacy Policy,
and you consent to all actions we take with respect to your information consistent with our
Privacy Policy.
If you choose, or are provided with, a username, password, or any other piece of information as
part of our security procedures, you must treat such information as confidential, and you must
not disclose it to any other person or entity. You also acknowledge that your account is personal
to you and agree not to provide any other person with access to this Website or portions of it
using your username, password, or other security information. You agree to notify us
immediately of any unauthorized access to or use of your username or password or any other
breach of security. You also agree to ensure that you exit from your account at the end of each
session. You should use particular caution when accessing your account from a public or shared
computer so that others are not able to view or record your password or other personal
information.
We have the right to disable any username, password, or other identifier, whether chosen by you
or provided by us, at any time if, in our opinion, you have violated any provision of these Terms
of Use.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all
information, software, text, displays, images, video, and audio, and the design, selection, and
arrangement thereof) are owned by the Company, its licensors, or other providers of such
material and are protected by United States and international copyright, trademark, patent, trade
secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal, non-commercial use only.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly
perform, republish, download, store, or transmit any of the material on our Website.
You must not access or use for any commercial purposes any part of the Website or any services
or materials available through the Website.
If you print, copy, modify, download, or otherwise use or provide any other person with access
to any part of the Website in breach of the Terms of Use, your right to use the Website will stop
immediately and you must, at our option, return or destroy any copies of the materials you have
made. No right, title, or interest in or to the Website or any content on the Website is transferred
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to you, and all rights not expressly granted are reserved by the Company. Any use of the Website
not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate
copyright, trademark, and other laws.
Trademarks
The Company name, the Company logo, and all related names, logos, product and service
names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You
must not use such marks without the prior written permission of the Company. All other names,
logos, product and service names, designs, and slogans on this Website are the trademarks of
their respective owners.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use.
Additionally, you agree not to:
· Use the Website in any manner that could disable, overburden, damage, or impair the
Website or interfere with any other party’s use of the Website, including their ability to
engage in real time activities through the Website.
· Use any robot, spider, or other automatic device, process, or means to access the Website
for any purpose, including monitoring or copying any of the material on the Website.
· Use any manual process to monitor or copy any of the material on the Website, or for any
other purpose not expressly authorized in these Terms of Use, without our prior written
consent.
· Use any device, software, or routine that interferes with the proper working of the
Website.
· Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is
malicious or technologically harmful.
· Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the
Website, the server on which the Website is stored, or any server, computer, or database
connected to the Website.
· Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
· Otherwise attempt to interfere with the proper working of the Website.
User Contributions
The Website may contain blogs, message boards, chat rooms, personal web pages or profiles,
forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that
allow users to post, submit, publish, display, or transmit to other users or other persons
(hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the
Website.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution you post to the site will be considered non-confidential and non-
proprietary. By providing any User Contribution on the Website, you grant us and our affiliates
and service providers, and each of their and our respective licensees, successors, and assigns the
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right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third
parties any such material for any purpose.
You represent and warrant that:
· You own or control all rights in and to the User Contributions and have the right to grant
the license granted above to us.
· All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you
submit or contribute, and you, not the Company, have full responsibility for such content,
including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User
Contributions posted by you or any other user of the Website.
Monitoring and Enforcement; Termination
We have the right to:
· Remove or refuse to post any User Contributions for any or no reason in our sole
discretion.
· Take any action with respect to any User Contribution that we deem necessary or
appropriate in our sole discretion, including if we believe that such User Contribution
violates the Terms of Use, including the Content Standards, infringes any intellectual
property right or other right of any person or entity, threatens the personal safety of users
of the Website or the public, or could create liability for the Company.
· Disclose your identity or other information about you to any third party who claims that
material posted by you violates their rights, including their intellectual property rights or
their right to privacy.
· Take appropriate legal action, including without limitation, referral to law enforcement,
for any illegal or unauthorized use of the Website.
· Terminate or suspend your access to all or part of the Website for any or no reason,
including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement
authorities or court order requesting or directing us to disclose the identity or other information
of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD
HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE
PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY
OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF,
INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT
AUTHORITIES.
However, we do not undertake to review material before it is posted on the Website and cannot
ensure prompt removal of objectionable material after it has been posted. Accordingly, we
assume no liability for any action or inaction regarding transmissions, communications, or
content provided by any user or third party. We have no liability or responsibility to anyone for
performance or nonperformance of the activities described in this section.
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Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services.
User Contributions must in their entirety comply with all applicable federal, state, local, and
international laws and regulations. Without limiting the foregoing, User Contributions must not:
· Contain any material that is defamatory, discriminatory, obscene, indecent, abusive,
offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
· Infringe any patent, trademark, trade secret, copyright, or other intellectual property or
other rights of any other person.
· Violate the legal rights (including the rights of publicity and privacy) of others or contain
any material that could give rise to any civil or criminal liability under applicable laws or
regulations or that otherwise may be in conflict with these Terms of Use and our Privacy
Policy.
· Be likely to deceive any person.
· Promote any illegal activity, or advocate, promote, or assist any unlawful act.
· Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass,
alarm, or annoy any other person.
· Impersonate any person or misrepresent your identity or affiliation with any person or
organization.
· Involve commercial activities or sales, such as contests, sweepstakes, and other sales
promotions, barter, or advertising.
· Give the impression that they emanate from or are endorsed by us or any other person or
entity, if this is not the case.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general
information purposes. We do not warrant the accuracy, completeness, or usefulness of this
information. Any reliance you place on such information is strictly at your own risk. We
disclaim all liability and responsibility arising from any reliance placed on such materials by you
or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by
other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting
services. All statements and/or opinions expressed in these materials, and all articles and
responses to questions and other content, other than the content provided by the Company, are
solely the opinions and the responsibility of the person or entity providing those materials. These
materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable
to you or any third party, for the content or accuracy of any materials provided by any third
parties.
Changes to the Website
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We may update the content on this Website from time to time, but its content is not necessarily
complete or up-to-date. Any of the material on the Website may be out of date at any given time,
and we are under no obligation to update such material.
Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy. By using the
Website, you consent to all actions taken by us with respect to your information in compliance
with the Privacy Policy.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are
provided for your convenience only. This includes links contained in advertisements, including
banner advertisements and sponsored links. We have no control over the contents of those sites
or resources and accept no responsibility for them or for any loss or damage that may arise from
your use of them. If you decide to access any of the third-party websites linked to this Website,
you do so entirely at your own risk and subject to the terms and conditions of use for such
websites.
Geographic Restrictions
The owner of the Website is based in the State of Minnesota in the United States. We provide
this Website for use only by persons located in the United States. We make no claims that the
Website or any of its content is accessible or appropriate outside of the United States. Access to
the Website may not be legal by certain persons or in certain countries. If you access the Website
from outside the United States, you do so on your own initiative and are responsible for
compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for
downloading from the internet or the Website will be free of viruses or other destructive code.
You are responsible for implementing sufficient procedures and checkpoints to satisfy your
particular requirements for anti-virus protection and accuracy of data input and output, and for
maintaining a means external to our site for any reconstruction of any lost data. TO THE
FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS
OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES,
OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR
COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER
PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES
OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY
MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS
OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS
CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE
ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE
COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY
WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS,
SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE
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WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR
ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT
THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH
THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR
UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE
SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED
THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR
EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY
WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR
PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE
EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY,
ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES,
AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND,
UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR
USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY
CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES,
INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING,
EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS
OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA,
AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF
CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE
COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND
AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS,
OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF
ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT
YOU HAVE PAID TO THE COMPANY IN THE LAST SIX (6) MONTHS FOR THE
SERVICE OUT OF WHICH LIABILITY AROSE.
The limitation of liability set out above does not apply to liability resulting from our gross
negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE
EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and
service providers, and its and their respective officers, directors, employees, contractors, agents,
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licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages,
judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising
out of or relating to your violation of these Terms of Use or your use of the Website, including,
but not limited to, your User Contributions, any use of the Website’s content, services, and
products other than as expressly authorized in these Terms of Use, or your use of any
information obtained from the Website.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use, and any dispute or claim arising
therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be
governed by and construed in accordance with the internal laws of the State of Minnesota
without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the
Website shall be instituted exclusively in the federal courts of the United States or the courts of
the State of Minnesota, in each case located in the City of Duluth and County of St. Louis. You
waive any and all objections to the exercise of jurisdiction over you by such courts and to venue
in such courts.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR
RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED
WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE,
SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Use shall be
deemed a further or continuing waiver of such term or condition or a waiver of any other term or
condition, and any failure of the Company to assert a right or provision under these Terms of Use
shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent
jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be
eliminated or limited to the minimum extent such that the remaining provisions of the Terms of
Use will continue in full force and effect.
Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you
and Therapy with Makenna regarding the Website and supersede all prior and contemporaneous
understandings, agreements, representations, and warranties, both written and oral, regarding the
Website.
Your Comments and Concerns
All feedback, comments, and other communications relating to the Website should be directed