Terms of Use
Effective Date: January 1, 2025
Last Updated: December 14, 2024
Welcome to Envisioning Wellness LLC
This website is owned and operated by Envisioning Wellness LLC ("Company," "we," "us," or "our"), a multi-state telehealth mental health practice. By accessing or using our website, services, or any information, resources, tools, and content we provide, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use ("Terms") and our Privacy Policy.
1. Acceptance of Terms
By accessing this website or using our services, you agree to these Terms and all applicable laws and regulations. If you do not agree with any of these Terms, you are prohibited from using or accessing this site and our services. These Terms apply to all visitors, users, clients, and others who access or use our services.
2. Telehealth Services and Jurisdiction
2.1 Service Areas
Envisioning Wellness LLC provides telehealth mental health services to clients located in:
Minnesota
Wisconsin
North Dakota
Washington
You must be physically located in one of these states at the time of receiving services to be eligible for our telehealth services.
2.2 Licensure and Compliance
Our services are provided in accordance with the professional licensure requirements and regulations of each state we serve. Dorothee Tshiela, MA, LPCC, is properly licensed to provide mental health services in the jurisdictions listed above.
2.3 Location Verification
Prior to each session, we may verify your physical location to ensure compliance with state regulations and professional licensing requirements.
3. Nature of Services
3.1 Not Crisis or Emergency Services
Our services are not intended for medical emergencies or crisis situations. If you are experiencing a medical or mental health emergency:
Call 911 immediately
Go to your nearest emergency room
Call the National Suicide Prevention Lifeline at 988
Text "HELLO" to the Crisis Text Line at 741741
3.2 Professional Relationship
The services provided through this platform constitute a professional therapeutic relationship. All services are subject to professional ethical guidelines and state regulations governing mental health practice.
4. Use of Website and Services
4.1 Account Responsibilities
You are responsible for maintaining the confidentiality of your account credentials
You agree to provide accurate, current, and complete information
You must notify us immediately of any unauthorized use of your account
You are responsible for all activities that occur under your account
4.2 Prohibited Uses
You agree not to:
Access or attempt to access our services through unauthorized means
Disrupt or interfere with our services, servers, or networks
Copy, reproduce, or resell any part of our services or content
Impersonate any person or entity
Use our services for any illegal or unauthorized purpose
Violate any local, state, national, or international law
Upload or transmit viruses or any other type of malicious code
5. Intellectual Property Rights
5.1 Ownership
All content on this website, including but not limited to text, graphics, logos, images, audio clips, digital downloads, and software, is the property of Envisioning Wellness LLC or its content suppliers and is protected by United States and international copyright laws.
5.2 Limited License
We grant you a limited, non-exclusive, non-transferable license to access and use our website and services for their intended purpose. This license does not include any right to:
Download or modify any portion of the website
Use the website or its contents for commercial purposes
Collect or use any service listings, descriptions, or prices
Make any derivative use of the website or its contents
6. Privacy and Confidentiality
6.1 HIPAA Compliance
We are committed to protecting your privacy and maintaining the confidentiality of your health information in accordance with the Health Insurance Portability and Accountability Act (HIPAA) and state privacy laws.
6.2 Privacy Policy
Your use of our services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy for information about how we collect, use, and protect your information.
7. Client Responsibilities
7.1 Informed Consent
By using our telehealth services, you consent to receive mental health services via electronic communications and understand the potential risks and benefits.
7.2 Technology Requirements
You are responsible for:
Ensuring you have appropriate technology to access telehealth services
Maintaining a private, secure location for sessions
Having a backup plan if technical issues arise
7.3 Payment Obligations
You agree to pay all fees associated with services provided according to our current fee schedule and insurance policies.
8. Disclaimers
8.1 No Medical Advice for Non-Clients
Information provided on this website is for informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis, or treatment for visitors who are not established clients.
8.2 No Warranties
Our services and website are provided "as is" and "as available" without any 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.
9. Limitation of Liability
To the fullest extent permitted by law, Envisioning Wellness LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:
Your use or inability to use our services
Any unauthorized access to or alteration of your transmissions or data
Any other matter relating to our services
10. Indemnification
You agree to defend, indemnify, and hold harmless Envisioning Wellness LLC and its officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees arising out of or relating to your violation of these Terms or your use of our services.
11. Termination
11.1 Termination by Either Party
We reserve the right to terminate or suspend your access to our services immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms.
11.2 Effect of Termination
Upon termination, your right to use our services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive.
12. Governing Law and Dispute Resolution
12.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to its conflict of law provisions.
12.2 Dispute Resolution
Any dispute arising out of or relating to these Terms or our services shall first be attempted to be resolved through good faith negotiations. If resolution cannot be achieved, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
13. Changes to Terms
We reserve the right to modify these Terms at any time. We will provide notice of material changes by:
Posting the updated Terms on our website
Updating the "Last Updated" date
Sending notice to registered users when appropriate
Your continued use of our services after any changes constitutes acceptance of the revised Terms.
14. Accessibility
We are committed to making our services accessible to individuals with disabilities. If you have difficulty accessing any part of our website or services, please contact us for assistance.
15. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
16. Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices or agreements published by us, constitute the entire agreement between you and Envisioning Wellness LLC concerning the use of our website and services.
17. Contact Information
If you have any questions about these Terms of Use, please contact us:
Envisioning Wellness LLC
Diana Tshiela, MA, LPCC (She/Her/Hers)
Phone: (952) 314-8364
Fax: (952) 213-6042
Secure Email: For confidential communications, please use our secure client portal
Physical Address:
3470 Washington Drive, Suite 216
Eagan, MN 55122
Business Hours:
Available by appointment
18. Compliance Notices
18.1 No Surprises Act
In compliance with the No Surprises Act, good faith estimates of treatment costs are available upon request for self-pay clients.
18.2 State-Specific Requirements
Additional terms may apply based on your state of residence and the location where services are received. We maintain compliance with all applicable state regulations for telehealth services.
By using this website or our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.
