Participation: MAMHC, PLLC reserves the right to refuse anyone participation in a training program whether due to qualification, reputation, behavior, or any other reason at MAMHC, PLLC and/or the trainer’s prerogative. MAMHC, PLLC also reserves the right to expel a participant from a training at such point that MAMHC, PLLC and/or the trainer determines that continued participation would not be in the best interest of that participant, other participants, and/or the public.
Should MAMHC, PLLC learn that a registered participant in a training program (including consultation) is not in fact qualified to participate, their participation will be refused and/or discontinued. Fees may apply as per the Cancellations policy.
MAMHC, PLLC reserves the right to refuse anyone participation in a course, workshop, consultation session, or another event, whether due to qualification, reputation, behavior, or any other reason at MAMHC, PLLC and/or the workshop leader’s prerogative. MAMHC, PLLC also reserves the right to expel a participant from a workshop at such point that MAMHC, PLLC and/or the trainer determines that continued participation would not be in the best interest of that participant, other participants, and/or the public.
MAMHC, PLLC reserves the right to decline to make a referral for any therapy service at its sole discretion. Furthermore, any individual therapist also reserves the right to decline and accept a referral or terminate treatment at any point that the therapist believes that this is necessary for the therapist?s safety, for the welfare of the client, or for any other reason.
This policy only applies to those for which MAMHC, PLLC is responsible for participant registration (that means that you can register via the website or with our MAMHC, PLLC office). Other sponsors/producers of MAMHC, PLLC programs may have other policies. If you are scheduling any therapy services, your therapist?s cancellation and refund policy are stated in the informed consent.
If MAMHC, PLLC cancels a course, workshop, or event, participants will offer a full refund or may choose to apply their registration fee to another scheduled course, workshop, consultation session, or event.
If the participant cancels at least 30 days before the first-course meeting, MAMHC, PLLC will provide a full refund less a $20 dollar processing fee.
No refund if the participant no-shows or cancels/withdraws on or after the day of the first course, workshop, consultation session, or event.
Participants who cancel due to medical emergencies or other special circumstances may explain these circumstances in writing (email is preferred) and request special consideration. In such circumstances MAMHC, PLLC may, at its sole discretion, offer special arrangements.
All web-based transactions are conducted on a secure portion of our website. Payment processing is done through a third party, Authorize.net, which uses a high standard of encryption and security.
When you do business with MAMHC, PLLC, we add you to our e-mailing list and send out occasional e-newsletters. You may request to be removed from this list.
We do not share your name or contact information with anyone. Exceptions:
For training programs, this policy applies only to those programs for which MAMHC, PLLC is responsible for participant registration (in which case the registration can be accomplished on this website). Other sponsors/producers of MAMHC, PLLC programs may have other policies.
Please read the following Terms and Conditions of Use Carefully Before using this Website. All users of this site agree that access to and use of this site is subject to the following terms and conditions and other applicable law.
What information do we collect?
How do we use your information?
We may use the information we collect from you when you register, purchase products, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
How do we protect visitor information?
We implement a variety of security measures to maintain the safety of your personal information. Your personal information is contained in secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. When you place orders or access your personal information, we offer the use of a secure server. All sensitive/credit information you supply is transmitted via SQL technology and then encrypted into our databases to be only accessed as stated above.
Do we disclose the information we collect to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. The term ?outside parties? does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others? rights, property, or safety.
Third party links
In an attempt to provide you with increased value, we may include third party links on our site. These linked sites have separate and independent privacy policies. We, therefore, have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these linked sites (including if a specific link does not work).
The entire content included in this site, including but not limited to text, graphics, site design, logos, icons, images or code is copyrighted as a collective work under the United States and other copyright laws and is the property of Mutual Arising Mental Health Counseling, PLLC. The collective work includes works that are licensed to?Mutual Arising Mental Health Counseling, PLLC. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. Any other use, including but not limited to the reproduction, distribution, display, modification, republishing, uploading, or transmission of the content of this site is strictly prohibited. You further agree not to change or delete any proprietary notices from materials downloaded from the site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
In the event an item is listed with an incorrect price or date or with incorrect information due to typographical error or error in pricing or product information received from our information suppliers, Mutual Arising Mental Health Counseling, PLLC shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Mutual Arising Mental Health Counseling, PLLC shall issue a credit to your credit card account in the amount of the incorrect price.
The MAMHC welcomes feedback and the opportunity to addresses program participant grievances. Grievances, continuing education approvals, refunds, and any other questions or concerns should be directed to the MAMHC team by submitting an entry to HERE.
If cancelling prior to two weeks before a scheduled event, trainees are entitled to a full refund less a 5% processing fee OR the option to apply the dollar amount paid towards a future training with the MAMHC. If cancelling less than two weeks before a scheduled event, trainees are entitled to a 50% refund, OR the option to apply the dollar amount paid toward a future training with MAMHC. Only medically documented reasons or family deaths are considered as an exception to this policy. No-shows are not eligible for a refund. In the case of inclement weather, should we cancel the training, your registration would simply be moved to our rescheduled date. If the rescheduled date isn’t available for you, we can offer you another date or issue a refund. If you terminate your training or need to leave it early for any reason, you are not eligible for a refund. Attendance at the entire training is required for our program to remain compliant with the industry standards. All other situations will be handled on a case-by-case basis. Please email us at sup[email protected] with any questions or concerns.
All venues used for in-person trainings are ADA-compliant. For both in-person and online trainings, if you require assistance, the Wounded Healers Institute is willing and committed to make reasonable accommodations. Please contact us – at 518-573-2925, or by email at [email protected] – if you have any questions or concerns or if you need to make such a request. The WHI home office requests a 30-days advanced notice for any accommodation requests to allow us to work together on your request.
If you register to the site you opt-in to saving your name, email address and website in cookies. These cookies will last for one year.
If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser. When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
If you request a password reset, your IP address will be included in the reset email.
If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.
If you have an account on this site, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
Visiting the login page sets a temporary cookie that aids compatibility with some alternate login methods. This cookie contains no personal data and expires after 1 hour.
The IP address of visitors, user ID of logged in users, and username of login attempts are conditionally logged to check for malicious activity and to protect the site from specific kinds of attacks. Examples of conditions when logging occurs include login attempts, log out requests, requests for suspicious URLs, changes to site content, and password updates. This information is retained for 60 days.
Security logs are retained for 60 days.
When you purchase from us, we’ll ask you to provide email address. We’ll use this information for purposes, such as, to:
–Send you information about your account and order –Create your account for our LMS. If you register a free account then we will store your email address. We store information about you for as long as your account exists. We store course progress, including completion status, quiz scores, assignments and/or essay submissions (if applicable). We will also store comments on courses, lessons, topics, assignments, and essays if you choose to leave them.
Members of our team have access to the information you provide us. For example, both Administrators and Group Leaders can access: –Order information such as your enrolled courses, course progress and username / email address. Any additional information added in your User Profile can also be visible to the administrator(s).
This could include, Google analytics/reporting tools, payment gateways, and third party embeds.
We accept payments through Square. When processing payments, some of your data will be passed through Square, including information required to process or support the payment, such as the purchase total, billing information and user info.
Last Updated: March 9, 2023
OUR PRIVACY PRINCIPLES
WHY WE COLLECT PERSONAL INFORMATION & HOW WE USE IT
We collect your personal information because:
WHAT PERSONAL INFORMATION DOES MAMHC COLLECT?
We do not collect any personal information from people who only visit the Site. If you sign-up for the Services, we may collect your name, e-mail address, telephone number, date of birth, address, geographic location, health information, username, and password. Your email address may also be collected when you send us an e-mail. Due to the nature of our Services, some of the information we collect from you is of a sensitive nature, including health information.
WHAT OTHER INFORMATION DO WE COLLECT?
When you use the Services, some information is also automatically collected through the use of log files, such as your device’s Internet Protocol (IP) address, your device’s operating system, the browser type, the address of a referring web site, and your activity MAMHCle using the Service.
We may use this information for purposes such as analyzing trends, administering the Service, improving customer service, diagnosing problems with our servers, tracking user movement, and gathering broad demographic information for aggregate use. We may also automatically collect certain information through the use of “cookies.” Cookies are small data files that are stored on a user’s hard drive at the request of a website to enable the site to recognize users who have previously visited them and retain certain information such as customer preferences and history.
If we combine cookies with or link them to any of the personally identifying information, we would treat this information as personal information. If you wish to block, erase, or be warned of cookies, please refer to your browser instructions or help screen to learn about these functions. However, if your browser is set not to accept cookies or if a user rejects a cookie, you may not be able to sign in to your MAMHC account and may not be able to access certain Service features.
We may also use third parties to provide certain functionalities or to collect, track and analyze non-personally identifiable usage and statistical information from users, such as the user’s browser type, operating system, browsing behavior, and demographic information. These third parties may collect personal information from you in connection with the services they provide and may place cookies, web beacons, or other devices on your device to collect non-personal information MAMHCch may be used, among other things, to better understand the usage of the Service and the other services tracked by these third parties. We are not responsible for, and do not control, any actions or policies of any third-party service providers. We do not direct the Services to, nor do we knowingly collect any personal information from, children under the age of eighteen (18), without an adult’s consent. If a child under the age of 13 interacts with our Services or otherwise submits personal information to the Site and we learn that that personal information is the information of a child under the age of 13, we will attempt to delete the information as soon as possible.
HOW WE MAY SHARE INFORMATION WE COLLECT
MAMHC does not and will not sell or rent your personal information to anyone. MAMHC will disclose your personal information to Mutual Arising Mental Health Counseling, PLLC (“MAMHC”), our affiliate, but only to the extent necessary to deliver the Services. If you sign-up for our Services, you hereby consent to our sharing of your personal information with MAMHC. MAMHC may disclose your information to third-party service providers for purposes of service delivery, payment processing, or other account-related activities. Such third-party processors are contractually restricted from using or disclosing such information for any other purpose.
We also may disclose personal information when we are required to or we believe it is
Our Services use Google Forms to help us obtain personal information, including health information. Our agreement with Google and the methods by MAMHC we have configured Google Forms for our Services ensures that Google Forms is compliant with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). We may also disclose Aggregated Information to third parties, as described below. Our Services use Google Analytics to help analyze how users use the Services, such as demographics and interest reporting, MAMHC enables us to learn more about the characteristics and interests of the users who visit our Site. The tool Google Analytics uses “cookies,” MAMHC are text files placed on a mobile device, to collect standard Internet log information and visitor behavior information in an anonymous form. The information generated by the cookie about your use of the Services (including IP address) is transmitted to Google. This information is then used to evaluate visitors’ use of the Services and to compile statistical reports. We will never (and will not allow any third party to) use the statistical analytics tool to track or to collect any personal information of users of our Services. Google states that it will not associate your IP address with any other data held by Google. We will not, and Google states that it will not seek to link an IP address with the identity of a computer or device user. We will not associate any data gathered from the Site or our Services with any Personally Identifiable Information from any source unless you explicitly submit that information via a fill-in form on our website. You can opt-out of Google Analytics without affecting how you visit our site. For more information on opting out of being tracked by Google Analytics across websites you use, visit https://tools.google.com/dlpage/gaoptout.
We may create aggregated data relating to our users and the Services for research, analytical and informational purposes. Aggregated data is comprised of data derived from Personal Information and obtained by MAMHC from other sources in aggregated, anonymous form and does not identify any individual (“Aggregated Information”). Subject to applicable laws and regulations, we use Aggregated Information to understand our customers and to develop, improve, and/or market our Services and to compile research studies and reports. We may provide Aggregated Information to third parties.
DATA STORAGE AND RETENTION
If you are a resident of the European Union (EU): Your personal information will be transferred to and processed in the United States, MAMHCch has data protection laws that are different than those in your country and may not be as protective.
WHAT PRIVACY ISSUES ARISE WITH LINKS TO OTHER SITES?
YOUR CALIFORNIA PRIVACY RIGHTS
Under California Civil Code, California residents are entitled to ask us for a notice describing what categories of personal information we share with third parties or corporate affiliates for those third parties’, or corporate affiliates’ direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with MAMHCch it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to us at the following address: 160 Loomis Rd Chatham NY 12037. Please allow 30 days for a response.
YOUR RIGHTS AS A VISITOR FROM THE EUROPEAN UNION (EU):
If you are a European Union resident, our legal basis for collecting and using your personal data or information is to do so with your consent; where we need the personal data or information for performance of a contract, or where the collection and use is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect the personal information in question. If we collected your personal data or information with your consent, you may withdraw your consent at any time. You also have the right to:
Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent. If we ask you to provide personal data to us to comply with a legal requirement or enter into a contract, we will inform you of this and let you know whether providing us with your personal data is required and if not, the consequences of not sharing your personal data with us.
INTEGRITY OF YOUR PERSONAL INFORMATION
MAMHC allows you to keep your personal information accurate, complete, and up to date. If you identify any personal information that is out of date, incorrect, or incomplete, please let us know and we will make the corrections promptly and use every reasonable effort to communicate these changes to other parties who may have inadvertently received incorrect or out-of-date personal information from us.
INQUIRIES, COMPLAINTS, AND DISPUTE RESOLUTION
If you wish to verify, correct, or delete any personal information we have collected, or if you have any questions or concerns, or if you have any complaints, please contact us at [email protected] If there is a dispute between you and MAMHC regarding your personal information or this policy, you agree to use reasonable efforts to resolve such dispute with MAMHC informally and to consult and negotiate with MAMHC in good faith to reach a fair and equitable solution.
Welcome to www.woundedhealersinstitute.org (the “Site”).
INTELLECTUAL PROPERTY RIGHTS
Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
The Site is intended for users who are at least 18 years of age. Persons under the age of 18 are not permitted to use or register for the Site, without express permission from their guardian.
Mutual Arising Mental Health Counseling grants you a limited, revocable, nonexclusive license to use this Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Site, reverse engineer or break into the Site, or use materials, products or services in violation of any law. The use of this Site is at the discretion of Mutual Arising Mental Health Counseling and Mutual Arising Mental Health Counseling may terminate your use of this Site at any time.
COMPLIANCE WITH LAWS
You agree to comply with all applicable laws regarding your use of the Site. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
LINKS TO THRID-PARTY WEBSITES
LINKS TO WEBSITES
Links posted by third parties to the Site may not use the Mutual Arising Mental Health Counseling trademark or logo and shall not suggest that Mutual Arising Mental Health Counseling promotes or otherwise endorses any third-party products, business relationships, services, causes, campaigns, websites, content, or information. Any links to any portion of the Site shall be the responsibility of the linking party.
Mutual Arising Mental Health Counseling reserves the right to require any linking party to disable or remove any link that violates Mutual Arising Mental Health Counseling policies, rights, or causes interruption or deterioration of the Site.
THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER MUTUAL ARISING MENTAL HEALTH COUNSELING, ITS AFFILIATES, EMPLOYEES, OFFICERS, MEMBERS, OR TRUSTEES NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, CONTRACTORS, PROMOTIONAL PARTNERS, OR LICENSORS (“WOUNDED HEALER INSTITUTE PARTIES”)
PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (I) THE SITE OR ANY CONTENT ON THE SITE, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON- INFRINGING; (II) ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (IV) ANY CONTENT ON THE SITE WILL REMAIN UNCHANGED OR ACCESSIBLE. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE OR THE CONTENT THEREON IS TO CEASE USING THE SITE.
LIMITATION OF LIABILITY
THE WOUNDED HEALER INSTITUTE PARTIES SHALL NOT BE LIABLE, AND DISCLAIM ANY LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING
I. OUT OF THE USE OF OR INABILITY TO USE THE SITE AND/OR THE CONTENT ON THE SITE;
II. FROM ANY INTERRUPTION IN THE AVAILABILITY OF THE SITE AND/OR THE CONTENT ON THE SITE;
III. (III) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE;
(IV) OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT AND/OR SERVICES PURCHASED OR OBTAINED FROM THE SITE, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE;
(V) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(VI) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE;
(VII) FROM ANY DELAY OR FAILURE OF THE SITE ARISING OUT OF CAUSES BEYOND WOUNDED HEALER INSTITUTE’S CONTROL;
(VIII) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, THE SITE AND/OR THE CONTENT ON THE SITE;
Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the above limitations MAMHCch are lawful in your jurisdiction will apply to you and Mutual Arising Mental Health Counseling’s liability will be limited to the maximum extent permitted by law.
NO MENTAL HEALTH THERAPY, DIAGNOSES, TREATMENT OR ADVICE AND DISCLAIMER AS TO ACCURACY OF INFORMATION.
TERM AND TERMINATION
USE OF INFORMATION
COPYRIGHT AND COPYRIGHT AGENT
If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing the following information to our copyright agent:
RELATIONSHIP OF THE PARTIES
If you have questions or concerns please contact us at [email protected]
Mutual Arising Mental Health Counseling, PLLC, Addiction as Dissociation Model, or Path of the Wounded Healer Certification
TERMS AND CONDITIONS OF USE
Please read these Terms and Conditions of Use (“TOU”) carefully.
You must agree to these TOU before you are permitted to use any Mutual Arising Mental Health Counseling, PLLC (MAMHC) digital or downloadable resources, online course, or certification program, through this website. If you do not agree with these TOU, you may not use the Program.
As used in these TOU, the term “Releasees” is defined to include the following: (i) Mutual Arising Mental Health Counseling, PLLC (MAMHC) its subsidiaries (Wounded Healers Institute), affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, coaches, representatives, successors and assigns (collectively “the Company”); (ii) any Company volunteers; and (iii) Adam O’Brien or Viola Silvan.
1. The Program
a. You will receive as part of the Program:
i. All Program materials, including videos, audio, worksheets, and homework assignments;
ii. Private online community (optional);
iii. Upon completion of all modules and homework, official certification from Mutual Arising Mental Health Counseling, PLLC and logo for certification to use in marketing materials
2. Participants If you wish to participate in another session of the Program in the future or purchase any other products, programs or services from the Company, all terms of these TOU will continue to apply unless superseded by another agreement in writing.
NOTE TO MINORS: You acknowledge that your parent or guardian has reviewed, understood and agreed to the terms below. Children under the age of 13 are not permitted to use this Program. Children between the ages of 13 and 18 must ask for their parent’s or guardian’s permission and agreement to these TOU before viewing our Program.
NOTE TO PARENTS/GUARDIANS OF MINORS: You acknowledge that you have reviewed, understood and agreed to the terms of this Agreement (such terms being interpreted as if they applied both to you and your minor child/ward) and have the legal authority to enter into this Agreement on behalf of your minor child/ward.
3. Payment All fees and charges for purchase of the Program, as well as refunds or exchanges, are made between you and Mutual Arising Mental Health Counseling, PLLC (or other third-party website like Square). All questions and concerns regarding payments must be directed to the Mutual Arising Mental Health Counseling, PLLC: [email protected]. Please refer to MAMHC’s (or other third-party website) terms, conditions and policies.
4. Intellectual Property Rights
a. Ownership of the Content The words, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the Company website, any third-party website the Company may use to distribute or host the Program, and contained in e-mails sent to you by the Company, as well as the look and feel of all of the foregoing (“the Content”) is property of the Company and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.
b. The Company’s Limited License to You: Use for Personal Purposes If you view, purchase or access any Program or any of the Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only. If you have enrolled in or partially completed any Program, but have not completed a program and earned the corresponding Certification, you may view, download, print, email and use the Program and Content for your own personal purposes only. You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, or any other third party, or otherwise use any material from the Program or Content for commercial purposes or in any way that earns you or any third party money. By downloading, printing, or otherwise using the Program or Content for personal use you in no way assume any ownership rights of the Content – it is still Company property. Any unauthorized use of any materials found in the Program or Content shall constitute infringement. You must receive our written permission before using any of the Program or Content for your own commercial use or before sharing with others.
c. The Company’s Limited License to You: Use for Providing therapy Services Only upon completion of a Program and earning the corresponding Certification, the Intellectual Property, including all Content, concepts, materials and processes presented in the Program, may be used to work with clients one-on-one or in groups, whether in-person or virtual / online. In no event shall You, or any person or entity that organizes, participates in, or performs services regarding Your coaching/therapy/professional services or program, use the Intellectual Property for any other purpose, including, but not limited to, the sale of books, ebooks, online courses, articles, publications, audio recordings, videos or other media, without the prior written consent of the Company.
d. The Company’s Limited License of Logo and Program Name to You The trademarks, logos and program names displayed on the Program or Content are trademarks belonging to the Company. When you accept these terms and conditions of this Agreement, complete the training and/or certification requirements in this Agreement, and, if applicable, Your certification application is approved, The Company will grant You a limited, non-exclusive, revocable, non-transferable license (the “License”) to use the Company’s names, logos, trademarks, service marks, certification program and materials made available to You and authorized by your completed and conferred level of training and/or certification (collectively, the “Intellectual Property”). You may use the Company’s names, logos, trademarks, and service marks, but you not permitted to alter or customize Mutual Arising Mental Health Counseling, PLLC logo on any certification and/or materials received upon completion of the Program. If you complete a particular training but your application for certification is not approved by The Company, Your license will be limited to the “Personal Purposes” uses outlined above. You will not be permitted to plan, promote, or execute Your own in-person or virtual / online coaching programs. You may not transfer, sublicense or assign the License and/or Your rights to use the Intellectual Property. The Company may require You to stop using the Intellectual Property in connection with Your clients and/or Your virtual/online or in person program or workshop and may discontinue any listing on any Company web page at any time, in its sole discretion. If You do not use the Company’s trademarks or service marks according to any quality control guidelines set forth by the Company, Your License may be discontinued. The Company may modify, amend, supplement and/or replace the terms and conditions of this License in writing at any time. All rights not expressly granted in these terms or any express written license, are reserved by us.
e. Unauthorized Use Your use of any materials found in the Program or Content other than that expressly authorized in this agreement or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the Program in the event of your Unauthorized Use, or a minimum of $5,000, whichever is greater, in addition to any legal or equitable remedies the Company may be entitled to pursue. This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use. You agree that any violation or threatened violation of the Intellectual Property Rights terms in these TOU would cause irreparable injury to the Company that may not be adequately compensated by damages, entitling the Company to obtain injunctive relief, without bond, in addition to all legal remedies.
f. Request for Permission to Use the Content If you wish to use any of the Content, or any other intellectual property or property belonging to the Company, you should request permission in writing BEFORE you use the Content by emailing [email protected]. If you are granted permission by the Company, you agree to use the specific Content that the Company allows and only in the ways for which the Company has given you its written permission. If you choose to use the Content in ways that the Company does not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated MAMHC and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in the Program and Content.
5. Personal Responsibility, Assumption of Risk, Release, Disclaimers
a. You are voluntarily participating in the Program and assume all risk of injury, illness, damage, or loss to you or your property that might result, whether arising out of the negligence of Releasees or otherwise.
b. You understand that physical activity and exercise are inherently risky and dangerous activities. Inherent risks are risks that cannot be eliminated completely regardless of the care and precautions taken by Releasees. You are fully aware of the risks and hazards inherent in participating in Program and voluntarily, knowingly and freely assume all risks associated with participating in the Program, including, but not limited to, bruising, muscle strains, joint sprains, falls, injuries, illnesses, infections, paralysis and even death. This includes injury or damage sustained while and/or resulting from using any premises or facility, or using any equipment (whether owned, operated, or provided to you by Releasees or otherwise), including injuries or damages arising out of the negligence of Releasees, whether active or passive, or any of Releasees’ affiliates, employees, coaches, agents, representatives, successors, and assigns.
c. Your participation in the Program does not establish a doctor-patient, counseling, or therapist-client relationship of any kind between you, the Company, or anyone providing coaching services on behalf of the Company.
d. The Program and Content provide information and education only, and do not provide any financial, legal, medical or psychological services or advice. None of the Program or Content prevents, cures or treats any mental or medical condition. The Program and Content is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, or medical professional. You are responsible for your own financial, legal, physical, mental and emotional well-being, decisions, choices, actions and results. You should consult with a professional if you have specific questions about your own unique situation. The Company disclaims any liability for your reliance on any opinions or advice contained in the Program.
e. You agree that you will not use coaching as a way of diagnosing or treating mental disorders as defined by the American Psychiatric Association (APA). If you are in therapy or under the care of a mental health professional, you will notify and consult with the mental health care provider regarding your decision whether to work with a coach or not. Our area of expertise is for developmental traumas, normative states of dissociation, and universal addictions. These are not diagnosable by the APA standards.
f. You acknowledge that, by engaging with the Company for the Program, you voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property, and release, covenant not to sue, and hold Releasees harmless for any and all liability to you, your personal representatives, assigns, heirs and next of kin, for MAMHC any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your (or your minor child’s/ward’s) participation in the Program, whether or not caused by the active or passive negligence of the Releasees. This release is not intended as an attempted release of claims of gross negligence or intentional acts by Releasees. In the event that the release and hold harmless provision is held unenforceable for any reason, you agree to limit any damages claimed to the total paid to the Company for the Program.
g. Earnings and Results Disclaimer: You agree that Company has not made and does not make any representations about the earnings or results you may receive as a result of your participation in the Program. The Company cannot and does not guarantee that you will achieve any particular result or earnings from your use of the Program, and you understand that results and earnings differ for each individual.
h. Any links to third-party products, services, or sites are subject to separate terms and conditions. The Company is not responsible for or liable for any content on or actions taken by such third-party company or website. Although the Company may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.
i. The Company tries to ensure that the availability and delivery of the Program and Content is uninterrupted and error-free. However, the Company cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction.
j. THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE PROGRAM AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE PROGRAM OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE COMPANY’S WEBSITE, INCLUDING MEMBERSHIP PAGES, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. k. THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PROGRAM, INCLUDING ITS MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE PROGRAM.
l. Accreditation: In the United States, there exists no official accrediting institution or governing body in the life coaching industry. There are no regulations or required certifications to practice life coaching. Each coach is recommended to seek education and training to the degree he or she feels necessary, with the goal of being competent and professional. We are not aware of any requirements in other countries. It is recommended that any coach who is concerned regarding this matter seek advice from his/her state or country.
6. Security You acknowledge that there is an inherent risk in all forms of electronic communication, and communications between you and the Company may be unlawfully intercepted by third parties not under our control. The Company does not guarantee the security of any information transmitted via the Internet, telephone, video conference, or other electronic media. Any efforts you undertake to communicate with Company are done at your own risk.
8. Users Outside United States The Company controls and operates the Program from offices in the United States. The Company does not represent that materials on the Program are appropriate or available for use in other locations. People who choose to access the Program from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
9. Indemnification You agree to defend, indemnify, release, and hold harmless the Company and any directors, officers, agents, contractors, partners, assigns, successors-in-interest and its and their employees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) your use of the Program or Content in violation of these TOU, (ii) any breach by you of these TOU or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to the Company’s website or any third-party forum or website operated by the Company, (iv) your use of materials or features available on the Program or Content (except to the extent a claim is based upon infringement of a third-party right by materials created by the Company) or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
10. Force Majeure The Company will not be deemed to have breached these TOU for any delay or failure in performance caused by events out of its reasonable control, including acts of God or a public enemy; natural disasters or calamities; epidemic or pandemic; failure of a third party to perform; changes in the laws or regulations; actions or executive orders of any civil, military or regulatory authority; power outage or other disruptions of communication methods or any other cause which would be out of the reasonable control of the Company.
11. Entire Agreement; Modifications You expressly agree that these TOU are intended to be as broad and inclusive as permitted by the law of the State of Florida, and that if any portion is held invalid, it is agreed that it will be severed and the balance shall continue in full legal force and effect. This is the entire agreement of the parties, and reflects a complete understanding of the parties with respect to the subject matter. This agreement supersedes all prior written and oral representations. The Company may change, modify or update these TOU at any time. Any access or use of the Program or Content by you after the Company publicly posts or distributes such changes shall constitute consent of such modifications. If you have any questions or concerns about these Terms, contact [email protected]. By viewing video lectures or documents beyond this lecture in this course, you assert that you have read, understood and agreed to this entire document. If you do not agree with these TOU, do not continue to take this course.