MindfulU Consulting and Wellness, LLC
ADHD Assessment In-Person Intensive Course Agreement
THE AGREEMENT: This Course Agreement (hereinafter, “Agreement”) is made by and between MindfulU Consulting and Wellness, a Limited Liability Company, under the laws of the state of Nevada, hereinafter referred to as “Course Provider,” and you, further defined below as participant in the Course, also defined below.
This Agreement shall govern the use of all pages, screens, handouts, and presentation in the Course (all collectively referred to as “Course”) and any services provided by this Course Provider, and/or on the Course Provider’s website (“Website”).
ARTICLE 1 – DEFINITIONS
1. A) The parties referred to in this Agreement shall be defined as follows:
I) Course Provider, us we: Course Provider, as the creator, operator, and publisher of the Course, is responsible for providing the Course publicly. Course Provider, us, we, our, ours, and other first-person pronouns will refer to the Course Provider, as well as, if applicable, all employees and affiliates of the Course Provider.
II) You, the user, the participant: You, as the participant in the course and user of the course content, will be referred to throughout this Agreement with second-person pronouns such as you, your, yours, or as user or participant.
III) Parties: Collectively, the parties to this Agreement (Course Provider and You) will be referred to as Parties.
B) The Course details are as follows:
I) Course Name: ADHD Assessment Intensive
II) Course Period: You will attend a two-day program, with access to the materials distributed, to include any pertinent video instruction, written content, supplementary materials, and presentation. Any subsequent coaching, consultation, or support may be available outside of the two-day program, for additional fees under an additional agreement.
ARTICLE 2 – ASSENT AND ACCEPTANCE:
By purchasing and participating in the Course, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please cease your participation in the Course and/or Course registration immediately. If you do so after purchase, you will not be entitled to any refund. Course Provider only agrees to provide the Course to you if you assent to this Agreement.
ARTICLE 3 – LICENSE TO USE AND ACCESS COURSE MATERIALS:
We may provide you with certain information as a result of your accessing the Course. Such information may include, but is not limited to, documentation, data, or information developed by us and other materials which may assist in your participation in the Course (“Materials”). Subject to this Agreement, we grant you a non-exclusive, limited, non-transferable and revocable license to use the Materials solely in connection with your participation in the Course and for the purpose of practicing assessment and evaluation within your business as a licensed clinician to the public. The materials may not be used for any other purpose, nor shared, claimed as your own intellectual property, nor profited from beyond your status as a clinician providing assessment to clients/patients. You also understand and warrant that many of the assessment tools are protected by copyright law and that, unless explicitly expressed, are not to be replicated for clinical use outside of your learning and practice as part of the Course. Instruction for how to locate, select, and purchase assessment materials protected by copyright, such as individual paper protocols or digital administrations will be provided.
If we suspect that the Course or Materials are being shared with any party, we reserve the right to immediately terminate any access provided by us and to seek legal recovery of theft of intellectual property.
We do not offer any promises or guarantees with regard to our Course or Course Materials. You hereby acknowledge and agree:
A) You are solely and exclusively responsible for the choices that you make with regard to this Course, the Materials contained within it, or any significant changes to your business or life;
B) You are solely and exclusively responsible for your own mental health, physical health, business decisions, and any other actions or inaction you choose to take;
C) You are solely and exclusively responsible for clinical practice within the guidelines set forth by your country, state, providence, and/or licensing board.
We are not liable for any result of non-result or any consequences which may come about due to your participation in the Course;
This Course does not constitute a therapeutic relationship or a medical one. We do not provide therapy or medical services, and you are responsible for procuring these services at your own will and discretion if needed.
ARTICLE 4 – INTELLECTUAL PROPERTY:
You agree that the Materials, the Course, the Website, and any other Services provided by the Course Provider are the property of the Course Provider, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Company IP”). You agree that the Company owns all right, title, and interest in and to the Company IP and that you will not use the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLSs), without expressed written permission from the Company.
ARTICLE 5 – YOUR OBLIGATIONS:
As a participant in the Course, you will be asked to register with us. When you do so, you may be asked to share your name, email address, create a password, provide your contact information and license. You are responsible for ensuring accuracy of this information. This identifying information will enable you to participate in the Course. You are responsible for maintaining the safety and security of your identifying information as well as keeping us apprised of any changes to your identifying information.
The billing information you provide us, including credit card, billing address, and other payment information, is subject to the same confidentiality and accuracy requirements as the rest of your identifying information. Providing false or inaccurate information, or using the Course or the Website to further fraud or for unlawful activity is grounds for immediate termination of this Agreement.
ARTICLE 6 – PAYMENT AND FEES:
Your initial payment will secure a single place in the Course. The payment is non-refundable. If the payment authorization is declined, you will lose your place in the Course. A declined card, for any reason, will constitute your implied decision to withdraw your enrollment in the Course.
ARTICLE 7 – ACCEPTABLE USE:
You agree not to use the Course or the Website for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Course or the Website in any way that could damage the Course, Website, Services, reputation, or general business of the Course Provider.
A) You further agree not to use the Course or the Website:
I) To harass, abuse, or threated others or otherwise violate any person’s legal rights;
II) To violate any intellectual property rights of the Course Provider or any third party;
III) To upload or others disseminate any computer viruses or other software that may damage the property of another;
IV) To perpetrate any fraud;
V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
VI) To publish or distribute any obscene or defamatory material;
VII) To publish or distribute any material that incites violence, hate, or discrimination towards any group;
VIII) To unlawfully gather information about others.
ARTICLE 8 – AFFILIATE MARKETING AND ADVERTISING:
We engage in affiliate marketing whereby we may receive a commission on or percentage of the sale of goods or services on or through the Course or Website. We may also accept advertising and sponsorship from commercial businesses or receive other forms of advertising compensation. This disclosure is intended to comply with the US Federal Trade Commission Rules on marketing and advertising, as well as any other legal requirements which may apply.
ARTICLE 9 – NO LIABILITY:
The Course and Website are provided for information purposes only You acknowledge and agree that any information posted in the Course, in the Materials, or on the Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between you and us. You further agree that your participation in the Course is at own risk. We do not assume responsibility or liability for any advice or other information given in the Course, in the Materials, or on the Website.
ARTICLE 10 – REVERSE ENGINEERING AND SECURITY:
You agree to not undertake any of the following actions:
a) Reverse engineer or attempt to reverse engineer or disassemble any code or software from or on the Course or Website;
b) Violate the security of the Course or Website through any unauthorized access, circumvention of encryption or other security tools, data mining, or interference to any hos, user, or network.
ARTICLE 11 – DATA LOSS:
We do not assume or accept responsibility for the security of your account or content, or storage of any information obtained from the Course. You agree that your participation in the Course or use of the Website is at your own risk.
ARTICLE 12 – INDEMNIFICATION:
You agree to defend and indemnify the Course Provider or any of our affiliates (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your participation in the Course, your use or misuse of the Website, your break of this Agreement, or your conduct or action. You agree that we shall be able to select our own legal counsel and may participate in our own defense, if we wish.
ARTICLE 13 – SPAM POLICY:
You are strictly prohibited from using Course for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
ARTICLE 14 – MODIFICATION AND VARIATION:
We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting to the registration process and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
To the extent any part of sub-part of this Agreement is held ineffective or invalid by any court of law, you agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
ARTICLE 15 – ENTIRE AGREEMENT:
This Agreement constitutes the entire understanding between the Parties with respect to the Course. This Agreement supersedes and replaces all prior or contemporaneous agreements or understanding, written or oral.
ARTICLE 16 – TERM, TERMINATION, AND SUSPENSION:
We may terminate this Agreement with you at any time for any reason, with or without cause. We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of us or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. You may also terminate this Agreement at any time by contacting us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
Please be advised that terminating this Agreement does not entitle you to a refund on any monies spent with us.
ARTICLE 17 – NO WARRANTIES:
You agree that your participation in the Course and your use of the Website is at your sole and exclusive risk and that any Services provided by us are on as “As Is” basis. We hereby expressly disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Course or Website will meet your needs or that the Course or Website will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information in the Course or Website. You agree that any damage that may occur to you, through your computer system, or as a result of loss of your data from your participation in the Course or your use of the Website is your sole responsibility and that we are not liable for any such damage or loss.
ARTICLE 18 – LIMITATION OF LIABILITY:
We are not liable for any damages that may occur to you as a result of your participation in the Course or your use the Website, to the fullest extent permitted by law, as noted above. The maximum liability of Course Provider arising from or relating to this Agreement is limited to the greater of one hundred ($100) US Dollars. This section applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
With regard to limitation of liability for travel, it is upon the Participant to arrange and pay for travel and overnight accommodations. It is the Participant’s responsibility to obtain travel insurance on your own, available when booking flights by the airline, booking company, or travel insurance provider of your choice.
Although a discount may be offered for overnight stay on the premises by the venue, there is no relationship between the venue and the Course Provider. Any concerns, neglect, losses, or injury on the premises shall be a matter between the Participant and the Venue.
ARTICLE 19 – GENERAL PROVISIONS:
LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English Language.
JURISDICTION AND CHOICE OF LAW: Through your participation in the course and your use of the website, you agree that the laws of Nevada shall govern any matter of dispute relating to or arising out of this agreement, as well as any dispute of any kind that may arise between you and us, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: Clark County, Nevada. The parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objections of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.
ARBITRATION: In the case of a dispute between Parties relating to or arising out of this Agreement, the parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the following county: Clark County, Nevada. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law, as well as the law of Nevada. Each party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and State laws, ordinances, statutes, or regulations. Intellectual property claims by us will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
FORCE MAJEURE: We are not liable for any failure to perform due to causes beyond our reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
NO AGENCY PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind to the other or third parties.
HEADINGS FOR CONVENIENCE ONLY: Heading of parts and sub-parts under this Agreement are for convenience and organization only. Headings shall not affect the meaning of any provisions of thisAgreement.
Please contact MindfulU Consulting and Wellness, LLC if you have any questions or concerns at:
I have read and agree to the MindfulU Consulting and Wellness, LLC ADHD Assessment Training Intensive Agreement (this document).