Terms and Conditions

Last updated: April 26, 2026

Table of Contents

1. Our Services
2. Intellectual Property Rights
3. User Representations
4. Prohibited Activities
5. User Generated Contributions
6. Contribution License
7. HIPAA Notice
8. SMS Text Messaging
9. Services Management
10. Term and Termination
11. Modifications and Interruptions
12. Governing Law
13. Dispute Resolution
14. Corrections
15. Disclaimer
16. Limitations of Liability
17. Indemnification
18. User Data
19. Electronic Communications
20. Miscellaneous
21. Contact Us

1. Our Services

Breakthrough Mental Health Counseling PLLC, doing business as BMH Counseling (“Company,” “we,” “us,” “our”), operates https://bmhcounseling.com and any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”).

BMH Counseling is a licensed mental health counseling practice offering specialized trauma therapy for adolescents, teenagers, and adults. We provide in-person sessions at our office in Huntington, New York and virtual therapy throughout New York State. Our website provides information about our services, allows users to submit consultation requests, and facilitates communication between prospective clients and our clinical team.

You can contact us by email at info@bmhcounseling.com or by mail to 755 New York Ave, Suite 230, Huntington, NY 11743.

These Legal Terms constitute a legally binding agreement between you and BMH Counseling concerning your access to and use of the Services. By accessing our Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We reserve the right to make changes or modifications to these Legal Terms at any time. We will alert you about material changes by updating the “Last updated” date at least 30 days before changes take effect. Your continued use of the Services after such changes constitutes your acceptance of the revised Legal Terms.

No Therapeutic Relationship: Use of this website does not create a therapeutic relationship between you and BMH Counseling or any of its clinicians. A therapeutic relationship is only established through a formal intake process and explicit agreement by a licensed clinician. If you are experiencing a mental health emergency, please call 911 or the 988 Suicide and Crisis Lifeline by dialing or texting 988.

2. Intellectual Property Rights

We are the owner or licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”). Our Content and Marks are protected by copyright and trademark laws and treaties around the world.

Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to access the Services and download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use.

No part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section, please address your request to: info@bmhcounseling.com.

3. User Representations

By using the Services, you represent and warrant that: (1) you have the legal capacity to agree to these Legal Terms; (2) you will not access the Services through automated or non-human means; (3) you will not use the Services for any illegal or unauthorized purpose; and (4) your use of the Services will not violate any applicable law or regulation.

Users under the age of 18 must have parental or guardian consent before submitting any personal information. Users under the age of 13 must not submit personal information directly — a parent or guardian must do so on their behalf.

4. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make the Services available. As a user, you agree not to:

• Systematically retrieve data or content from the Services without written permission
• Trick, defraud, or mislead us or other users, especially to learn sensitive information
• Circumvent or interfere with security-related features of the Services
• Disparage, tarnish, or otherwise harm us and/or the Services
• Use information obtained from the Services to harass, abuse, or harm another person
• Make improper use of our support services or submit false reports of abuse or misconduct
• Use the Services in a manner inconsistent with any applicable laws or regulations
• Engage in unauthorized framing of or linking to the Services
• Upload or transmit viruses, Trojan horses, or other malicious material
• Engage in any automated use of the system, including bots, scripts, or data mining tools
• Attempt to impersonate another user or person
• Interfere with, disrupt, or create an undue burden on the Services
• Attempt to bypass any measures designed to prevent or restrict access to the Services
• Copy or adapt the Services’ software without authorization
• Submit false, misleading, or fraudulent information through any form on this website
• Use the Services to compete with us or for any revenue-generating commercial enterprise

5. User Generated Contributions

The Services do not offer users the ability to submit or post public content. Any information you submit through our contact or consultation forms is used solely to respond to your inquiry and facilitate our services. You are responsible for the accuracy of any information you submit and confirm that it does not violate any applicable law or the rights of any third party.

6. Contribution License

By submitting suggestions, feedback, or information through the Services, you agree that we may use and share such feedback for any lawful purpose without compensation to you. You and the Services agree that we may access, store, process, and use any information and personal data that you provide in accordance with our Privacy Policy. We do not assert ownership over personal information you provide.

7. HIPAA Notice

BMH Counseling is subject to the Health Insurance Portability and Accountability Act (HIPAA). Protected Health Information (PHI) submitted through this website is handled in accordance with HIPAA requirements. Our contact and consultation forms are configured to route submissions directly to our secure, HIPAA-covered email system (Google Workspace) without storing PHI in our website database.

This platform is also subject to applicable New York State laws governing Licensed Mental Health Counselors (LMHC) and the New York Mental Hygiene Law. For full information on how we handle your health information, please refer to our Notice of Privacy Practices available at our office or upon request.

8. SMS Text Messaging

By providing your phone number through our consultation request form or other communication channels, you consent to receive text messages from BMH Counseling regarding appointment reminders, consultation confirmations, and follow-up communications.

• Message frequency varies based on your appointment schedule and communications with our team
• Message and data rates may apply
• You may opt out at any time by replying STOP to any text message
• For help, reply HELP
• We do not share your phone number with third parties for marketing purposes

9. Services Management

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who violates the law or these Legal Terms, including reporting to law enforcement; (3) refuse, restrict access to, or limit the availability of the Services; and (4) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

10. Term and Termination

These Legal Terms shall remain in full force and effect while you use the Services. WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES TO ANY PERSON FOR ANY REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION.

11. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time without notice. We cannot guarantee the Services will be available at all times and may experience interruptions due to maintenance, hardware, or software issues. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.

12. Governing Law

These Legal Terms shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law provisions. You and Breakthrough Mental Health Counseling PLLC irrevocably consent that the courts of New York shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.

13. Dispute Resolution

Informal Negotiations: To expedite resolution and control costs, the parties agree to first attempt to negotiate any dispute informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon written notice from one party to the other.

Binding Arbitration: If informal negotiations fail, any dispute arising out of or in connection with these Legal Terms shall be resolved through binding arbitration in the State of New York, United States. The arbitration shall be conducted in English. The number of arbitrators shall be one. We agree to pay arbitration fees if they are deemed excessive. The governing substantive law shall be the law of New York State.

Restrictions: Any arbitration shall be limited to the dispute between the parties individually. No arbitration shall be joined with any other proceeding, and there is no right for any dispute to be arbitrated on a class-action basis or in a purported representative capacity.

Exceptions to Arbitration: The following disputes are not subject to arbitration: (a) disputes seeking to enforce or protect intellectual property rights; (b) disputes related to allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) claims for injunctive relief.

Statute of Limitations: You have 2 years from the date a cause of action arises to bring a claim against BMH Counseling.

14. Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions and other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information on the Services at any time, without prior notice.

15. Disclaimer

The services are provided on an as-is and as-available basis. You agree that your use of the services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the services’ content. We will assume no liability or responsibility for any errors, mistakes, or inaccuracies of content; personal injury or property damage resulting from your access to and use of the services; any unauthorized access to our secure servers; any interruption or cessation of transmission to or from the services; or any bugs, viruses, or trojan horses transmitted through the services by any third party.

16. Limitations of Liability

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the services, even if we have been advised of the possibility of such damages. Our liability to you for any cause whatsoever shall at all times be limited to the amount paid, if any, by you to us through the website in connection with that claim. Certain US state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

17. Indemnification

You agree to defend, indemnify, and hold harmless Breakthrough Mental Health Counseling PLLC, including its subsidiaries, affiliates, officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees, arising out of: (1) your use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties; (4) your violation of the rights of a third party, including intellectual property rights; or (5) any harmful act toward any other user of the Services.

18. User Data

We will maintain certain data that you transmit to the Services for the purpose of managing the Services, as well as data relating to your use of the Services. All personal data is handled in accordance with our Privacy Policy. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data.

19. Electronic Communications, Transactions, and Signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed via the Services.

20. Miscellaneous

These Legal Terms and any policies posted by us on the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. If any provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision is deemed severable and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services.

21. Contact Us

To resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us:

• Company: Breakthrough Mental Health Counseling PLLC (BMH Counseling)
• Email: info@bmhcounseling.com
• Phone: 516-537-8112
• Fax: 516-688-0674
• Address: 755 New York Ave, Suite 230, Huntington, NY 11743