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Restrictions on Use of Materials

Materials in this website are Copyrighted and all rights are reserved. Text, graphics, databases, HTML code, and other intellectual property are protected by US and International Copyright Laws, and may not be copied, reprinted, published, reengineered, translated, hosted, or otherwise distributed by any means without explicit permission. All of the trademarks on this site are trademarks of JohnSantangelo.com or of other owners used with their permission.

Database Ownership, License and Use

JohnSantangelo.com warrants, and you accept, that JohnSantangelo.com is the owner of the copyright of the Databases of Links to articles and resources available from time to time through JohnSantangelo.com. JohnSantangelo.com and its contributors reserve all rights and no intellectual property rights are conferred by this agreement.

JohnSantangelo.com grants you a non-exclusive, non-transferable license to use database(s) accessible to you subject to these Terms and Conditions. The database(s) may be used only for viewing information or for extracting information to the extent described below.

You agree to use information obtained from JohnSantangelo.com's databases only for your own private use or the internal purposes of your home or business, provided that is not the selling or broking of information, and in no event cause or permit to be published, printed, downloaded, transmitted, distributed, reengineered, or reproduced in any form any part of the databases (whether directly or in condensed, selective or tabulated form) whether for resale, republishing, redistribution, viewing, or otherwise.

Nevertheless, you may on an occasional limited basis download or print out individual pages of information that have been individually selected, to meet a specific, identifiable need for information which is for your personal use only, or is for use in your business only internally, on a confidential basis. You may make such limited number of duplicates of any output, both in machine-readable or hard copy form, as may be reasonable for these purposes only. Nothing herein shall authorize you to create any database, directory or hard copy publication of or from the databases, whether for internal or external distribution or use.

Liability

The materials in this site are provided "as is" and without warranties of any kind either express or implied. JohnSantangelo.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. JohnSantangelo.com does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. JohnSantangelo.com does not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not JohnSantangelo.com assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Under no circumstances, including, but not limited to, negligence, shall JohnSantangelo.com be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if JohnSantangelo.com or a JohnSantangelo.com authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall JohnSantangelo.com's total liability to you for all damages, losses, and causes of action (whether in contract, tort, including but not limited to, negligence or otherwise) exceed the amount paid by you, if any, for accessing this site.

Facts and information at this website are believed to be accurate at the time they were placed on the website. Changes may be made at any time without prior notice. All data provided on this website is to be used for information purposes only. The information contained on this website and pages within, is not intended to provide specific legal, financial or tax advice, or any other advice, whatsoever, for any individual or company and should not be relied upon in that regard. The services described on this website are only offered in jurisdictions where they may be legally offered. Information provided in our website is not all-inclusive, and is limited to information that is made available to JohnSantangelo.com and such information should not be relied upon as all-inclusive or accurate.

California Business & Professions Code #2908

Every state has its own laws regarding the practice of hypnosis. In California the only law that specifically defines the legality and scope of the NLP Practitioner / Hypnotherapist is contained in California's Business and Professions Code #2908. The following paragraph was amended to this code. The italics were included as the result of the lobbying efforts of Dr. John Kappas and the political influence of the Hypnotists Union AFL-CIO.

Chapter 6.6 / California Business and Pro Code relating to Psychologists states (in Part):

2908.î Nothing in this Chapter shall be construed to prevent qualified members of other recognized professional groups licensed to practice in the State of California, such as, but not limited to, physicians, clinical social optometrists, psychiatric technicians, or psychiatric nurses who are registered nurses in the State of California and who work under the supervision of a licensed physician, or licensed psychologist, or attorneys admitted to the California State Bar, or persons utilizing hypnotic techniques by referral from persons licensed to practice medicine, dentistry, or psychology, or persons utilizing hypnotic techniques which offer vocational or avocational self-improvement and do not offer therapy for emotional or mental disorders.î

LAWS GOVERNING COUNSELING PROFESSIONALS Technically there are no laws specifically governing the conduct of NLP and Hypnotherapists. Recent court rulings, however, have set precedents that indicate that laws written for the Psychologist were intended for all counseling professions. Consequently it is wise to assume that all the legal guidelines for the conduct of psychologists are also intended to be guidelines for NLP Practitioners / Hypnotherapists as well.

THE PRIVILEGE OF CONFIDENTIALITY The client has the right to confidentiality. This is referred to as the clients 'privilege". The therapist must protect the clientís privilege at all times. Consequently the therapist must never reveal to outside sources any information revealed by the client. Before any such privileged information can be shared the therapist must obtain, and have on record, a signed release by the client. The release must specifically give permission to that therapist to release the client's privileged information to a specific source. The release must be signed and dated.

DUTY TO INFORM The duty to inform supersedes the therapist's obligation to protect the client's privilege. The duty to inform comes from the landmark "Tarasoff' case in which a school psychologist was sued by the parents of a female student who was shot by her boyfriend. The boyfriend was a client of the school Psychologist. In the course of treatment the boyfriend revealed to the Psychologist that he intended to hurt the girlfriend and the Psychologist failed to warn her of the potential for harm. Since this landmark case, counseling professionals have the duty to inform intended victims of the potential for harm. Note the word potential. This requires the counselor to use "professional judgment. The court says that if the counselor has "reasonable cause" to suspect that his client may injure another person, that the counselor has the duty to warn the intended victim. The counselor also has the duty to protect the client from hurting themselves, as in the case of suicide. The counselor must take precautionary measures to protect the client from themselves. In such circumstances the counselor then is considered to be exempt from the obligation to protect the client's privilege. In a court of law the counselor's professional judgment could be questioned and that counselor would have to demonstrate that there was indeed "probable cause" to fear injury of the intended victim.

DUTY TO REPORT CHILD ABUSE This requirement varies in states. In California thereís a major emphasis for all health professionals to report child abuse. Counseling professionals are mandated by the State of California to report all "suspected" child abuse to the Child Protective Agency. Such reports must be phoned in 24 hours of the therapist having reasonable cause for suspicion. A written report must follow within 72 hours.

ETHICAL GUIDELINES Ethical guidelines are not laws, but rather guidelines set by professional associations as accepted standards for behavior. The guidelines set by the American Psychological Association are considered the most standard and accepted. Copies of these standards can be obtained from the APA. It is best if counseling professionals were to look upon ethical guidelines as being the same as law. Following ethical guidelines should be considered preventative behavior against professional liability.

SECONDARY RELATIONSHIPS A secondary relationship is a broad guideline that emphasizes the professional role of the counselor. The professional counselor is considered to have "undue influence" over their clientele. Without undue influence the counselors probably could not effectively do their job. This "vulnerability" of the client-therapist relationship is perhaps most exaggerated when the heightened suggestibility of hypnosis is present. The therapist is to treat this vulnerability in their clients with the utmost respect and integrity. The primary relationship between therapist and client should be the therapeutic one, i.e. the therapists helping the client to reach his or her goals. Any other relationship is considered secondary and unacceptable or unethical.

TRANSFERENCE AND COUNTERTRANSFERENCE Transference is a natural and, in many professionals' opinions a necessary part of the therapeutic process. Simply put, transference occurs when the client transfers, or attributes to the therapist the feelings or emotions that they have for significant figures in their past or just emotions they are experiencing as a part of the therapeutic experience. Most commonly I the feelings that are attributed to the therapist are feelings of love or hate. This phenomenon can provide the client the safe opportunity to gain resolution of those emotions. Counter transference is when the therapist begins reciprocating those feelings of love or hate of the client. This is not acceptable or ethical. The therapist should always be on the lookout for possible counter transference emotions and should arrest them or remove him or herself from the professional relationship.

Links and Marks

The owner of this site is not necessarily affiliated with sites that may be linked to this site and is not responsible for their content. The linked sites are for your convenience only and you access them at your own risk. Links to other websites or references to products, services or publications other than those of JohnSantangelo.com and its subsidiaries and affiliates at this website, do not imply the endorsement or approval of such websites, products, services or publications by JohnSantangelo.com or its subsidiaries and affiliates.

Certain names, graphics, logos, icons, designs, words, titles or phrases at this website may constitute trade names, trademarks or service marks of JohnSantangelo.com or of other entities. The display of trademarks on this website does not imply that a license of any kind has been granted. Any unauthorized downloading, re-transmission, or other copying of modification of trademarks and/or the contents herein may be a violation of federal common law trademark and/or copyright laws and could subject the copier to legal action.

Confidentiality of Codes, Passwords and Information

You agree to treat as strictly private and confidential any Subscriber Code, username, user ID, or password which you may have received from JohnSantangelo.com, and all information to which you have access through password-protected areas of JohnSantangelo.com's websites and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever.

Other Legal Stuff

These Terms of Use will apply to every access to JohnSantangelo.com. JohnSantangelo.com reserves the right to issue revisions to these Terms of Use by publishing a revised version of this document on this site: that version will then apply to all use by you following the date of publication. Each access of information from JohnSantangelo.com will be a separate, discrete transaction based on the then prevailing terms.

This Terms of Use and the license granted may not be assigned or sublet by You without JohnSantangelo.com's written consent in advance.

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the California, as it is applied to agreements entered into and to be performed entirely within such jurisdiction.

To the extent you have in any manner violated or threatened to violate JohnSantangelo.com and/or its affiliates' intellectual property rights, JohnSantangelo.com and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts.

Any other disputes will be resolved as follows:

If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Los Angeles, CA. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Los Angeles, CA, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby.

Termination

These Terms of Use agreement are effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all JohnSantangelo.com site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice at JohnSantangelo.com's sole discretion, should you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and any and all other JohnSantangelo.com site(s) and all copies thereof, whether made under the terms of this agreement or otherwise.